| Parliament name (generic / translated) |
Asamblea Nacional / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
Executive power is exercised by the President of the Republic, who is the Head of State and the Head of the government, as well as the commander-in-chief of the armed forces (Article 144 of the Constitution). |
| Head of the executive |
President of the Republic |
| Notes |
The President organises and directs the government and determines its policy and socio-economic programme (Article 150 of the Constitution). The Vice-President fulfils the functions mentioned in the Constitution and those delegated by the President directly or by law. The Council of Ministers consists of the Vice-President and ministers of state and is headed by the President or, in his absence, by the Vice-President. |
| Method for appointing the executive |
The election of the President and Vice-President is by direct universal suffrage (Article 146 of the Constitution). In no case may candidates who did not obtain a relative majority of at least 45 percent of the valid votes be elected President or Vice-President. If none of the candidates should reach that percentage, a second election will be held among those who obtained first and second positions, and the one who obtains the larger number of votes is elected. The President appoints and removes ministers and vice-ministers of state, presidents or directors of autonomous and governmental bodies, heads of diplomatic missions and other officials (Article 105, paragraph 6 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
Deputies are elected for a period of five years, which runs from their installation, on 9 January of the year following the elections (Article 136 of the Constitution). The National Assembly's term coincides with those of the President and Vice-President, who exercise their functions for a period of five years counting from their assuming office on 10 January of the year following their election (Article 148 of the Constitution). Nobody can be a candidate for President or Vice-President who has exercised the Presidency at any time during the period when an election for a following term has been held, nor any one who may have already exercised it for two presidential terms. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
Deputies can be become ministers at the discretion of the President, in which case their mandate are assumed by their substitutes while they are in office. |
| Dissolution of Parliament |
Yes |
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|
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The National Assembly can be dissolved in case of a common political accord between the government and the Assembly. |
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Under a common political agreement, the elections of 1990 were brought forward, shortening the terms of office of both the President and the National Assembly from six to five years. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The decrees and decisions of the President must be countersigned by the ministers of state of the respective branches (Article 151 of the Constitution). Ministers and vice-ministers of state and the presidents or directors of autonomous or governmental bodies are personally responsible for the actions that they may have signed or authorised and are jointly responsible with those who endorsed or agreed with the President or with other ministers. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Ministers and vice-ministers and the presidents or directors of autonomous or governmental bodies provide to the Assembly any information that it may request relative to the business of their respective branches, whether in written or verbal form (Article 151 of the Constitution). They may also be the subject of interpellations by the Assembly. |
- Government reports to Parliament
|
The President presents to the Assembly personally, or through the Vice-President, the annual report and other reports and special messages (Article 150, paragraph 15 of the Constitution). These reports and messages, however, cannot be the subject of votes. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Not applicable |
| Motions of censure and votes of no confidence (sub-report) |
|
|
Not applicable |
|
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Not applicable |
|
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Not applicable |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The Assembly may, with a vote of the absolute majority of all deputies, authorise and declare the removal of immunity from public officials. Without such a procedure, public officials who enjoy personal immunity under the Constitution cannot be arrested or prosecuted, except in cases relating to family and labour rights. This immunity can be lifted. In cases where immunity is lifted from the President or Vice-President for criminal offences the Supreme Court of Justice in plenary session is competent to try them. |
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The Assembly receives charges or complaints from the judicial authorities or directly from citizens pressed against officials enjoying immunity in order to take note and resolve them (Article 138.24 of the Constitution). In no case may a President who may have a criminal charge involving more than a correctional penalty pending leave the country. Temporary absences from the national territory for longer than 15 days, and the temporary impossibility or incapacity to exercise the position, determined by the Assembly and approved by two-thirds of all deputies, are considered temporary faults of the President. In addition, (i) death; (ii) resignation if accepted by the Assembly; and (iii) total permanent incapacity determined by the Assembly and approved by two-thirds of all deputies are considered definitive faults of the President and Vice-President. |
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In case of a temporary fault of the President, the Vice-President will assume the functions. In case of a simultaneous temporary impossibility or incapacity of the President and the Vice-President, the office of the President is assumed on an interim basis by the President of the Assembly. Should the President be definitively at fault, the Vice-President assumes the office for the rest of the term and the Assembly has to elect a new Vice-President. In case of definitive fault of the Vice-President, the Assembly appoints the person who substitutes for him. Should the fault of the President and Vice-President be definitive, the President of the Assembly assumes the office of the former. The Assembly appoints whoever must replace them within the first 72 hours from the occurrence of the vacancies. Those appointed in this manner exercise their functions for the rest of the term. In all the cases mentioned, the Assembly elects the replacements from among its members. |
- Have these procedures been applied?
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|
Not available |
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
Ministers and vice-ministers of state and the presidents or directors of autonomous or governmental bodies are personally responsible for the actions that they may have signed or authorised and jointly responsible with those who endorsed or agreed with the President or with other ministers. |
| Means and modalities of oversight |
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|
The National Assembly exercises oversight over the actions of the government administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
|
The National Assembly exercises oversight over the actions of the government administration through the creation of committees of inquiry (Article 138.18 of the Constitution). |
- Oral and written questions of parliamentarians
|
The National Assembly exercises oversight over the actions of the government administration by putting oral questions to ministers. There are no fixed deadlines for replies, and no particular time is set aside for questions. Parliamentarians cannot put written questions to ministers. Oral questions can give rise to a debate after the presentation of reports by ministers. |
- Role of Parliament in the appointment of senior Government officials
|
The President proposes to the Assembly lists of candidates for the election of Judges of the Supreme Court, for members of the Supreme Electoral Council, the controller and sub-controller general, and the superintendents and vice-superintendents of banks and other financial institutions (Article 150, paragraph 14 of the Constitution). |
- Activity reports of the Government administration and of public services or establishments
|
The Assembly may request reports from ministers and vice-ministers, presidents or directors of autonomous and government bodies (Article 138, paragraph 4 of the Constitution). |
- Representation of Parliament in governing bodies of the Government administration
|
No member of the National Assembly may obtain any concession from the state or be the proxy or manager of public, private or foreign enterprises in their contracts with the state. Violation of this provision annuls the concessions or advantages obtained by such bodies, and causes the member to lose his or her seat (Article 135 of the Constitution). |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Procurator and Deputy Procurator of Human Rights is elected by the Assembly from lists recommended by members of the National Assembly in consultation with the appropriate civil associations (Article 138, paragraph 9 of the Constitution). The proposed candidates must be elected by at least 60 percent of the deputies. |
- Relationship to Parliament
|
The Assembly receives annual reports of the Procurator of Human Rights without prejudice to other information that may be requested from him or her (Article 138, paragraph 29 of the Constitution). |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The President prepares the bill for the general budget of the Republic and presents it to the Assembly for its consideration and approval, and authorises and publishes it once it is approved (Article 150, paragraph 5 of the Constitution). |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The Assembly takes cognisance of, discusses and approves the bill for the annual general budget (Article 138, paragraph 6 of the Constitution). The general budget law has annual validity and its object is to regulate the public administration's ordinary and extraordinary revenues and expenditures (Article 112 of the Constitution). The Assembly may modify the bill sent by the President, but no extraordinary expenditures may be created except by law and through the creation and determination at the same time of the resources to finance it. Any modification of the budget involving an increase or decrease of credits, reduction of revenues or transfers among different institutions requires the approval of the Assembly. The latter has the exclusive and irrevocable power to create, approve, amend, or suppress tax levies. |
- Reports on the budget / finance act by Committees
|
Not available |
| Fields overseen |
|
|
The National Assembly exercises oversight over all public funds. |
- Budget of special departments
|
Not available |
- Role of Parliament in national development plans
|
The Assembly takes cognisance of and makes recommendations about the economic and social development policies and plans for the country (Article 138, paragraph 21 of the Constitution). |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The government must submit the annual budget proposal to the Assembly by 5 October, and the latter must approve the budget before the end of the legislative session by 15 December. The budget comes into force on 1 January of the following year. |
| Consequences of failure by Parliament to adopt the budget / finance act |
In the event the Assembly does not approve the budget on time, the budget proposal of the government automatically comes into force for the first three months of the next year. |
| Budgetary autonomy of Parliament |
Yes |
There is an obligation to allocate a sufficient percentage of the budget to the National Assembly (Article 132 of the Constitution). The bureau of the Assembly submits the parliamentary budget proposal annually to the plenary session, by 1 October at the latest. The proposal is then referred to a committee for 10 days at most. Every amendment proposal must be presented in written form to the committee, and the latter may submit them to the plenary session. Once the budget proposal is accepted by the plenary session, it is submitted to the government for inclusion in the general budget by 18 October at the latest. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The Assembly receives annual reports from the office of the controller general without prejudice to other information that may be requested from it (Article 138, paragraph 29 of the Constitution). The President submits to the Assembly, through the minister of finance, the report on the implementation of the budget by 31 March of the new fiscal year at the latest. |
| 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 controller general manages the control of the public administration and the inspection of the assets and resources of the state (Article 154 of the Constitution). The duties of this office are: (i) to establish a system of control to assure in a preventive manner the appropriate use of government funds; (ii) to exercise subsequent control over the management of the general budget; and (iii) to undertake control, examination and evaluation of the administrative and financial management of public bodies, those subsidised by the state, and public or private enterprises with participation of public capital. The controller and sub-controller general are elected by the Assembly for a period of six years during which they enjoy immunity. |
- Reports of the public auditor's office
|
The office of the controller general is independent and enjoys functional and administrative autonomy. The controller reports on his management personally to the Assembly every year or when the latter requests it. The office makes public the results of its investigations and should penal matters be pursued, sends its findings to the relevant tribunals. It would be considered an accessory should it fail to do so, and offences were later the subject of convictions. |
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The Assembly is periodically informed of the budgetary exercise (Article 138, paragraph 6 of the Constitution). This control is exercised by the permanent economy, finance and budget committee, which is granted access to all documents from the relevant government departments. |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The National Assembly exercises oversight over foreign policy through the foreign relations committee. |
|
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The committee has the power to consider (i) international treaties in conformity with the standing orders; and (ii) resolutions and declarations of the Assembly with respect to international matters. It further promotes, and informs about, relations with other parliaments, inter-parliamentary organisations or other international events. |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not available |
- Plenary debates on foreign policy issues
|
Not available |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The President directs the international relations of the Republic (Article 150, paragraph 8 of the Constitution). |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President negotiates and signs treaties, covenants, or agreements and other instruments subject to approval by the Assembly (Article 150, paragraph 8 of the Constitution). The Assembly approves or rejects international treaties, covenants, pacts, agreements, and contracts of an economic nature, international commerce, regional integration, defence and security; those which increase external debtor risk to the nation's credit; and those which involve the juridical organisation of the state (Article 138, paragraph 12 of the Constitution). These instruments must be presented to the Assembly within 15 days from their introduction. They may only be discussed and debated at that time in a general sense and must be approved or rejected within 60 days from their presentation in the Assembly. Once that deadline is passed, for all legal purposes the instruments are considered as having been approved. |
- Other mechanisms for participation in foreign policy by Parliament
|
In addition to the above, parliamentarians can solicit information about specific foreign relations issues. The special committee on inter-parliamentary affairs and the board of the Assembly also exercise certain control functions on foreign policy issues. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The National Assembly exercises oversight over national defence policy through the defence and domestic affairs committee. |
|
|
The committee has, among other things, to consider law proposals regarding the defence forces, public order, the political and administrative division of the country, state symbols, the granting or cancellation of legal status to various bodies and transit questions. |
- Composition of the Committee
|
The composition of the committee reflects the numerical strength of each party in the National Assembly. |
| 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 Assembly approves, rejects or amends the executive decree which declares the suspension of constitutional rights and guarantees or the state of emergency, as well as their extensions (Article 138, paragraph 28 of the Constitution). |
- Role of Parliament in sending troops abroad
|
The Assembly authorises or forbids the dispatch of armed forces from the national territory (Article 138, paragraph 26 of the Constitution). |
- Other mechanisms for participation in national defence policy by Parliament
|
In addition to the above, parliamentarians can solicit information about specific defence issues. |
|
STATE OF EMERGENCY
|
| Circumstances |
The President, in the Council of Ministers, can decree, for all or part of the national territory and for a given time subject to extension, the suspension of rights and guarantees when the security of the nation, economic conditions, or some national catastrophe demand it (Article 185 of the Constitution). The Assembly approves, rejects or amends the executive decree which declares the suspension of constitutional rights and guarantees or the state of emergency, as well as their extensions. The President decrees and puts into effect the suspension of rights and guarantees and sends the appropriate decree to the Assembly within 72 hours for its approval, modification, or rejection (Article 150, paragraph 9 of the Constitution). |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The existence and the functioning of the National Assembly are not affected by a state of emergency. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Supreme Court / Tribunal |
The Supreme Court of Justice is composed of twelve Judges elected by the Assembly (Article 163 of the Constitution). The court is composed of four chambers - civil, criminal, constitutional and contentious-administrative. The full court takes cognisance of and resolves questions pertaining to the unconstitutionality of laws and conflicts of competence and constitutionality between the various state bodies. The Judges assume their positions before the Assembly, after taking the oath and electing from among themselves their President by majority vote, for a period of one year with possibility of re-election. |
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The functions of the Supreme Court of Justice are to (i) take cognisance of and resolve the Amparo claims process for violation of the rights established in the Constitution, in accordance with the Law of Amparo; and (ii) take cognisance of and resolve recourses on the unconstitutionality of laws (Article 164 of the Constitution). An application for a declaration of unconstitutionality against any law, decree or regulation that opposes that prescribed by the Constitution may be submitted by any citizen (Article 187 of the Constitution). The Amparo process established a method of court action against any provision, act or resolution and in general against any action or omission of any official, authority or their agents which violates, or attempts to violate, the rights and guarantees affirmed in the Constitution. Note that the Assembly has power regarding the authentic interpretation of the law (Article 138, paragraph 2 of the Constitution). |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
