IPU PARLINE database: GUATEMALA (Congreso de la República), Oversight

Parliament name (generic / translated)

Congreso de la República / Congress of the Republic

Structure of parliament

Unicameral

Type of political regime

presidential

Notes

The President of the Republic is the Head of State and exercises the functions of the executive organism through the mandate of the people (Article 182 of the Constitution). He/she always acts together with the council ministers, or separately with one or more of them. The President is the commander of the army, represents national unity and watches over the interests of the entire population.

Head of the executive

President of the Republic

Notes

In the Council of Ministers the President coordinates the development policy for the nation (Article 183.m of the Constitution). He/she presides over the Council and exercises the position of hierarchical superior of officials and employees of the executive. The vice-President has the same qualifications as the President, enjoys similar immunities, and holds in the hierarchical order of the State the level immediately below the President. For expediting the business of the executive, ministries are established by law, with the powers and competence established by the latter.

Method for appointing the executive

The President and vice-President are elected by the people through universal and secret suffrage (Article 184 of the Constitution). If none of the candidates secures an absolute majority, a second election will be held within a period of no longer than 60 and no less than 45 days, between the candidates who have won the two highest relative numbers of votes. The vice-President is elected on the same ballot as the President and in identical form and for the same term. The President appoints and removes ministers of State, vice-ministers, secretaries and undersecretaries of the Presidency, ambassadors and other officials that correspond to him (Article 183.s of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The President and vice-President are elected for a single term of four years (Article 184 of the Constitution). The person who has held for any time the position of President through a popular election, or who has replaced the President for more than two years, is in no case eligible to hold the position. Legislative power belongs to the Congress, made up of deputies elected for a period of four years, which coincides with the mandate of the President (Article 157 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

No

A deputy may hold the position of minister or official of the State or any other decentralized or autonomous entity (Article 160 of the Constitution). In these cases permission must be granted to him for the period that his/her executive responsibilities last.

Dissolution of Parliament

Yes

Circumstances

The Congress may be dissolved in case of lack of public confidence in the Government and its parliamentary majority.

Modalities

Over the last eleven years (1990-2000), no dissolution of the Congress has occurred.

Accountability of Government to Parliament

Yes

The President and vice-President and ministers of State, meeting in session, constitute the Council of Ministers which takes cognisance of the matters submitted to its consideration by the President, who convokes it and presides over it (Article 195 of the Constitution). Ministers are responsible for their acts even in cases where they perform duties by express order of the President. Ministers who approve them will be jointly responsible for the decisions of the Council of Ministers, but not those who oppose these in their vote.

Modalities of oversight

Oral and written questions of parliamentarians

Ministers have the obligation to appear in the Congress in order to answer the interpellations formulated by one or more deputies (Article 166 of the Constitution). The basic questions must be addressed to the minister or ministers interpellated with 48 hours' notice. Neither the full Congress, nor any authority, will be able to limit deputies in their right to interpellate, qualify the questions, or restrict them. Any deputy may address additional questions that he/she deems pertinent and related to the matter or matters underlying the interpellation and it is from the latter that a vote of no confidence may originate, which must be petitioned by four deputies at least and carried out without delay, in the same session or in one of the two immediately subsequent ones.

Government reports to Parliament

The President introduces annually in the Congress, at the start of its sessions, a written report on the general situation of the Republic and the actions of his/her administration completed during the previous year (Article 183.i of the Constitution). Ministers are obligated to present to the Congress annually, in the first ten days of February of each year, a report of the activities of their respective departments that will additionally have to contain the budgetary implementation of their ministry (Article 198 of the Constitution).

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

A vote of no confidence against one or up to four ministers may originate in the Congress following an interpellation (Article 166 of the Constitution).

Modalites

Any deputy may address additional questions that he/she deems pertinent and related to the matter or matters underlying his/her interpellation to a minister. It is from the latter that a vote of no confidence may originate, which must be petitioned by four deputies, at least, and carried out without delay, in the same session or in one of the two immediately subsequent ones. A vote of no confidence must be approved by no less than an absolute majority of all deputies.

Consequences

If a vote of no confidence in a minister is taken, the minister will immediately present his/her resignation. The President may accept it, but if he/she considers in the Council of Ministers that the censored act or acts are consistent with the national interest and policy of the Government, the interpellated minister will be able to appeal to the Congress within eight days. Otherwise, he/she is considered dismissed from his/her position and disqualified from exercising the duty of minister for a period of not less than six months. If the minister affected appeals to the Congress after hearing the explanations presented and the matter discussed, a vote will be taken on the ratification of no confidence, whose approval will call for the affirmative vote of two-thirds of the total number of deputies. Should the no confidence vote be ratified, the minister is dismissed from his/her position immediately. If a vote of no confidence is passed against several ministers, the procedure will be the same.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The Congress has no penal procedure at its disposal, but may declare the physical or mental incapacity of the President for the exercise of his/her duties (Article 165.h of the Constitution).

Modalites and procedure

The Congress may declare the physical or mental incapacity of the President for the exercise of his/her duties through the vote of two-thirds of the total number of deputies. The declaration must be based on the prior opinion of a Committee of five physicians appointed by the directive board of the association following the request of the Congress.

Consequences

In case of a temporary or definitive incapacity, the President is replaced by the vice-President (Article 189 of the Constitution). If the incapacity is definitive, the vice-President assumes the functions of the Presidency until the termination of the constitutional term. In case of the definitive incapacity of both, a person appointed by the Congress will complete the said term following the favourable vote of two-thirds of the total number of deputies.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Ministers are responsible for their acts even in case where they perform duties by express order of the President. Ministers who approve them will be jointly responsible for the decisions of the Council of Ministers, but not those who oppose these in their vote.

Means and modalities of oversight

Hearings in Committees

All officials and public employees are obliged to appear and report to the Congress, when the latter, its commissions or legislative bocks consider it necessary (Article 168 of the Constitution).

Committees of inquiry and missions to Government departments

The Congress may appoint investigation committees in specific matters of public administration that may involve problems of national interest (Article 171.m of the Constitution).

Oral and written questions of parliamentarians

Written questions by one or more deputies must be addressed to the minister or ministers interpellated with 48 hours' notice (Article 166 of the Constitution). Deputies may also put oral questions to ministers whenever Government is in a working session. Neither the Congress, nor any authority is able to limit deputies in their right to interpellate, qualify questions, or restrict them. Any deputy may address additional questions that he/she deems pertinent and related to the matter or matters underlying the interpellation and it is from the latter that a vote of no confidence may originate, which must be petitioned by four deputies, at least, and carried out without delay, in the same session or in one of the two immediately subsequent ones. Questions may give rise to a debate in the Congress, among other reasons, if doubts about the execution of the budget arise or if administrative deficiencies are discovered.

Role of Parliament in the appointment of senior Government officials

Not available

Activity reports of the Government administration and of public services or establishments

Not available

Representation of Parliament in governing bodies of the Government administration

Not available

Existence of an ombudsman

Yes

Method for appointing the executive

The Congress appoints a Commission of Human Rights made up of a deputy of each political party (Article 273 of the Constitution). This Commission will propose to the Congress three candidates for the election of a procurator who has to meet the requirements of a magistrate of the Supreme Court and will enjoy the same immunities and privileges as deputies. He/she will be appointed for a term of five years.

Relationship to Parliament

The Procurator of Human Rights is a commissioner of the Congress for the defence of human rights guaranteed by the Constitution (Article 274 of the Constitution). He/she makes an annual report to the Congress, with which he/she deals through the Commission of Human Rights. The Procurator has the power to (i) promote the adequate functioning and expediting of Government administration, in matters of human rights, (ii) investigate and denounce administrative behaviour that is detrimental to the interests of persons, (iii) investigate every type of denunciation that may be brought by any person regarding violations of human rights, (iv) recommend privately or publicly to officials modification of administrative deportment which has been objected to, (v) issue public censure for acts or behaviour counter to constitutional rights, (vi) promote actions or resources, judicial or administrative, in those cases which demand it, and (vii) other functions and powers assigned to him by law.

Consultation of Parliament in the preparation of the national budget

No

The executive sends the budget bill proposal to the Congress with 120 days notice prior to the start of the fiscal year. The President submits to the Congress, with no less than 20 days' notice from the start of the fiscal year, through the respective ministry, the budget bill, detailing the revenues and expenditures of the State (Article 183.j of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

The Congress approves, amends or disapproves the budget of revenues and expenditures of the State (Article 171.b of the Constitution). The general budget of revenues and expenditures of the State includes the estimate of all revenues to be obtained and a detailed account of expenditures and investments to be made (Article 237 of the Constitution). A unified budget is obligatory and its structure is programmatic. All the revenues of the State constitute a common indivisible fund designated exclusively to cover its expenditures.

Reports on the budget / finance act by Committees

Not available

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

With the purpose of financing economic and social development programs realized by non-profit organizations of the private sector, legally recognized in the country, the State constitutes a specific guarantee fund from its own resources, decentralized or autonomous (Article 242 of the Constitution). The parliament exercises oversight over such programs through different Committees.

Parliament's deadline for the examination and adoption of the budget / finance act

Congress approves the budget at the latest 30 days prior to its entering into effect (Article 171.b of the Constitution), between November and December of every year.

Consequences of failure by Parliament to adopt the budget / finance act

In the event of a budgetary deadlock by the time the fiscal year begins, the budget of the previous fiscal year will be applicable, subject to amendment or adjustment by Congress.

Budgetary autonomy of Parliament

Yes

As a part of the national budget, Congress has its own budget, which is executed in accordance with the national interests.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Congress approves or disapproves annually, entirely or in part, the previous report of the office of the comptroller of accounts, the detail and base of all revenues and expenditures of public finances that the executive should present it over the previous fiscal year (Article 171.d of the Constitution). The respective minister formulates the statement of account of the annual budget and brings it to the attention of the office of the Comptroller General within the first three months of each year (Article 241 of the Constitution). Once the statement of account is received, the Comptroller General issues a report and an opinion within no more than two months, which he/she must transmit to the Congress. In case of disapproval, the Congress may request appropriate reports or explications, and if punishable cause were found, the major one would be certified to the Public Ministry. Once the statement of account of the budget is approved, a summary of the financial situation of the State is published in the official gazette.

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The office of the comptroller general of accounts is a decentralized technical institution, with control functions of the revenues, expenditures, and in general all the fiscal interests of the organisms of the State, the municipalities, decentralized and autonomous entities, as well as of any person who may receive funds of the State or undertake public collections (Article 232 of the Constitution). Also subject to this control are the contractors of public works and any other person who, through the delegation of the State, invest or administer public funds. The head of the office is elected by the Congress for a term of four years, by an absolute majority of all deputies. He/she may only be removed by the Congress in cases of negligence, crime, or mental incompetence. In no case may the comptroller general be re-elected.

Reports of the public auditor's office

The comptroller general makes a report of his/her management to the Congress, whenever requested to do so and officially twice a year. He/she will enjoy equal immunities as the magistrates of the court of appeals. Against the acts and resolutions of the office of the comptroller general, the judicial and administrative recourses provided by law may be used.

Specialised committee

The President submits every four months to the Congress, for its knowledge and control, through the respective ministry, an analytical report on budgetary performance (Article 183.w of the Constitution).

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the foreign relations Committee.

Powers of the Committee

Not available

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament may take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President directs foreign policy and international relations, accepts, ratifies, and denounces treaties and agreements in accordance with the Constitution (Article 183.o of the Constitution), and submits to the consideration of the Congress prior to its ratification, the treaties and agreements concerning public services (Article 183.k of the Constitution). The Congress approves them when they (i) affect the existing laws where the Constitution may require the same majority of votes, (ii) affect the power of the nation, establish the economic or political union of central America, whether partial or total, or attribute or transfer competences to organs, institutions, or mechanisms created for an ordained juridical community to realize regional and common objectives, (iii) obligate the State financially in proportion that it exceeds one percent of the ordinary budget or when the amount of the obligation is indeterminate, (iv) constitute a pledge to submit any matter to international judicial or arbitral decision, and (v) contain a general arbitration clause or one for submission to international jurisdiction (Article 171.k of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, deputies exercise oversight over foreign policy issues in joint working meetings with the Ministry of Foreign Affairs and the Government.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over defence policy through the National Defence Committee.

Powers of the Committee

Not available

Composition of the Committee

Not available

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The Congress declares war and approves or disapproves peace treaties (Article 171.f of the Constitution). A vote of two-thirds of all deputies is necessary for treaties, agreements, or any international settlement when they affect or may affect the security of the State or put an end to a state of war.

Role of Parliament in sending troops abroad

A vote of two-thirds of all deputies is necessary for treaties, agreements, or any international settlement when they refer to the passage of foreign armed forces through the national territory or the temporary establishment of foreign military bases (Article 172 of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, deputies exercise oversight over national defence policy issues in joint working meetings with the Ministry of Defence and the Government.

Circumstances

The President dictates the provisions that may be necessary in cases of grave emergency or public catastrophe, it being his/her responsibility to give account to the Congress in its immediate sessions (Article 183.f of the Constitution). In such circumstances, the President may limit constitutional rights and freedoms by means of a decree dictated by the Council of ministers. The decree itself will summon the Congress so that, within three days, it may take cognisance of the document, ratify it, amend it, or disapprove it. If the Congress is in session, it should take cognisance of it immediately. The effects of the decree cannot exceed 30 days on each occasion. If before the expiration of this deadline the causes motivating the decree no longer apply, its effects will be terminated for this reason and any citizen will have the right to seek its amendment. Should the 30-day deadline be reached, the full restoration of rights will automatically occur unless a new decree in the same sense is ordered. Should the country face an actual state of war, the decree will not be subject to time limits.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The law of public order will not affect the functioning of the organs of the State, and its members will always enjoy the immunities and prerogatives that the law assigns to them. Neither will it affect the functioning of political parties. The law establishes more in detail the means and rights consequent on it in accordance with a state of (i) prevention, (ii) alarm, (iii) public disaster, (iv) siege and (v) war.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

In concrete cases, in every process of whatever competence or jurisdiction, in any instance, and in cassation and even before sentence is decreed, the parties will be able to press as an action, exception, or incident the total or partial unconstitutionality of a law (Article 266 of the Constitution). The courts make a determination in that respect. Actions against the laws, regulations or provisions of a general character, which contain a partial or total absence of constitutionality, will be heard directly by the Constitutional Court. The Constitutional Court is a permanent tribunal of exclusive jurisdiction, whose essential function is the defence of the constitutional order; it acts as a collegiate tribunal with independence from the other organisms of the State and exercises specific functions assigned to it by the Constitution and the law in the matter (Article 268 of the Constitution).

Means and procedures

The Constitutional Court has the functions to (i) take cognisance, in sole instance, of the charges brought against the laws or provisions of a general character, challenges of partial or total unconstitutionality, (ii) take cognisance, in sole instance, in its status of extraordinary tribunal of amparo, in amparo actions brought against the Congress, the Supreme Court, the President or Vice-President, (iii) take cognisance on appeal of all the amparos brought before any of the tribunals of justice, (iv) take cognisance on appeal of all the challenges against the laws charged with being unconstitutional in specific cases, in any trial, in cassation, or in the cases contemplated by the law in the matter, (v) issue an opinion on the constitutionality of treaties, agreements, and bills of law at the request of any of the organisms of the State, (vi) take cognisance and resolve issues relating to any conflict of jurisdiction in matters of constitutionality, (vii) compile the doctrine and constitutional principles that have been invoked with the purpose of resolving them through amparo and of the unconstitutionality of laws, keeping up-to-date the jurisprudential journal or gazette, and (viii) issue an opinion on the unconstitutionality of laws vetoed by the executive alleging unconstitutionality (Article 272 of the Constitution).

Evaluation of laws

No

Not applicable

Measures

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