«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»
Article 79 Representatives in Congress do not have the right to create or increase public expenditures, except for what is provided in the budget.
Congress may not approve taxes with predetermined purposes except upon a request by the executive.
In any other case, the laws pertaining to profits or exemptions mandate prior recommendation by the Ministry of the Economy and Finance.
Only by a specific law approved by two-thirds of the Congress can a special tax procedure be established, on a selective and temporary basis, affecting a specific section of the country.
Article 80 The Ministry of Economy and Finance presents, before the Congress meeting in plenary, the breakdown of revenues. Each minister presents the breakdown of expenditures of his sector. The President of the Supreme Court, the Attorney General of the Nation, and the President of the National Board of Elections present the breakdowns pertaining to their respective institution.
If the signed Law on the Budget is not sent to the Executive Power by November 30, the latter’s draft bill becomes operative after it is promulgated by Legislative Decree.
Supplementary credits, financing, and transfers of items are negotiated before the Congress as is the Law on the Budget. During the Parliamentary recess, they are transacted before the Standing Committee [Comisión Permanente]. To approve them, the votes of three-fifths of the legal number of its members are required.
The General Accounts of the Republic, accompanied by the report of the audit branch of the Controller-General’s Office, is submitted by the President of the Republic to the Congress with a deadline that expires on November 15 of the year following the implementation of the budget.
The general accounts are examined and audited by a Review Committee [Comisión revisora] within 90 days subsequent to their presentation. The Congress expresses an opinion within 30 days. If the Congress makes no comment within the stated deadline, the opinion of the Review Committee of the Executive Power is final and the Executive Power promulgates a legislative decree that pertains to the National Accounts.
The office of the Controller-General of the Republic is a decentralized entity under public law that enjoys autonomy in accordance with its organic law. It is the highest organ of the National Auditing Office. It oversees the legality of the implementation of the national budget, of the management of the public debt, and of the actions of those institutions subject to its control.
The Controller-General is appointed by the Congress on the recommendation of the Executive Power for a seven-year term. He can be removed by the Congress for a grave error.
Chapter V Concerning Money and Banking Article 83 The law determines the monetary system of the Republic. The issuing of notes and coins is the exclusive prerogative of the State. It exercises this function through the intermediary of the Central Reserve Bank of Peru.
Article 84 The Central Bank is a legal entity under public law. It enjoys autonomy within the framework of its organic law.
The purpose of the Central Bank is to preserve monetary stability.
Its functions are to regulate the money supply and credit of the financial system, to manage the foreign currency reserves in its care, and the other duties called for by its organic law.
The Bank reports to the country, specifically and periodically, on the state of national finances under the responsibility of its board of directors.
The Bank is forbidden to finance the public treasury except for the purchase, in the secondary market, of bonds issued by the public treasury and within the limits determined in its organic law.
Article 85 The Bank may effect operations and sign credit agreements to cover temporary imbalances in its foreign currency reserves.
When the amount of such operations or agreements exceeds the limits determined by the Budget of the Public Sector, legal authorization is necessary and an accounting to the Congress is mandated.
Article 86 The Bank is managed by a seven-member Directorate. The Executive Power appoints four, among them the president. The Congress ratifies the latter and elects the other three members, with approval by an absolute majority of the legal number of its members.
All the directors of the Bank are appointed for the constitutional period concurrent with the term of the President of the Republic. The board members do not represent any particular interests. The Congress may remove them for grave defect [falta]. In case of removal, the new directors complete the applicable constitutional term.
Article 87 The State promotes and guarantees savings. The Law establishes the obligations and limits on enterprises which collect savings from the general public as well as the procedures and extent of said guarantee.
The Superintendency of Banking and Insurance exercises the control of banking and insurance enterprises, of others that collect deposits from the general public, and of still others that perform connected or similar operations, as determined by law.
The law establishes the organization and functional autonomy of the Superintendency of Banking and Insurance.
The Executive Power appoints the Superintendent of Banking and Insurance for the term corresponding to its own constitutional term. The Congress ratifies the appointment.
Chapter VI Concerning the Agrarian Regime and Peasant and Native Communities Article 88 The State supports agrarian development on a preferential basis. It guarantees the right of land ownership in private or community form or in any other associative manner. The law can determine the limits and extent of the land according to the peculiarities of each zone.
According to a legal provision, abandoned land becomes the property of the State which can put it up for sale.
Article 89 The Peasant and Native Communities have a legal existence and are juridical persons.
They are autonomous in their organization, in their community work, and in the use and free disposition of their land as well as in their economic and administrative management within the framework established by law. The ownership of their land is imprescriptible, except in case of relinquishment provided for in the previous article.
The State respects the cultural identity of the Peasant and Native Communities.
Title IV Concerning the Structure of the State Chapter I Legislative Power Article 90 The Legislative Power is vested in the Congress, which is unicameral.
The number of congressmen is 120. The Congress is elected for a period of five years by means of elections organized according to law.
Candidates for the presidency cannot be on the list of congressional candidates.
Candidates for vice president may simultaneously be candidates for congressmen.
To be elected as a congressman the candidate must be Peruvian by birth, at least 25 years of age, and enjoy the right of suffrage.
Article 91 Persons who have not resigned from office six months before the election may not be
elected to Congress. They are as follows:
1. Ministers and deputy ministers of State, the Controller-General, and regional authorities.
2. Members of the Constitutional Court, of the National Council of the Magistracy, of the Judicial Power, of the Public Prosecutor’s Office, of the National Board of Elections, or the Defender of the People [Defensor del Pueblo].
3. The President of the Central Reserve Bank, the Superintendent of Banking and Insurance, the Superintendent of the Tax Administration, the National Superintendent of Customs, and the Superintendent of Administrators of Private Funds and Pensions. Also,
4. Members of the Armed Forces and National Police on active duty.
Article 92 A congressman’s function is full-time. He is forbidden to hold any other employment or exercise any profession or office during the hours when the Congress is in session.
The congressman’s mandate is incompatible with the exercise of any other public function except that of Minister of State and, following prior authorization by the Congress, that of member of Extraordinary Commissions of an international character.
The function of congressman is likewise incompatible with the status of manager, agent, representative, trustee, attorney, majority shareholder, member of the board of directors of an enterprise which has a work contract with the State, or of a supplier or purveyor or one who manages public revenues or performs public services.
The function of congressman is incompatible with similar responsibilities in enterprises which, during the congressman’s mandate, obtain concessions form the State as well as in enterprises of the financial credit system supervised by the Superintendency of Banking and Insurance.
Article 93 Congressmen represent the Nation. They are not subject to an imperative mandate or to interpellation.
They are not responsible before any authority or court for opinions held and votes cast in the exercise of their functions.
They may not be prosecuted or arrested without prior authorization of the Congress or its Standing Committee [Comisión Permanente]. Congressmen have tenure from the time of their election to a month after terminating their functions, except for an offense caught in the act, in which case they are placed at the disposal of the Congress or its Standing Committee within 24 hours to determine whether their imprisonment and trial may be authorized or not.
The Congress drafts and approves its bylaws [Reglamento], which have the force of law;
elects its representatives in the Standing Committee and the other committees; establishes the organization and jurisdiction of the parliamentary groups; manages its finances;
approves its budget; appoints and removes its functionaries and employees; and grants them their benefits according to law.
Article 95 The legislative mandate may not be relinquished.
Disciplinary sanctions imposed by the Congress on representatives and involving suspension from their functions may not exceed 120 days of legislative time.
Article 96 Any representative in the Congress may request the Ministers of State, the National Board of Elections, the Controller-General, the Central Reserve Bank, the Superintendency of Banking and Insurance, local governments, and the institutions determined by the law for reports that he may deem necessary.
The request must be done in writing and in accordance with the bylaws of Congress.
Failure to respond may be sanctioned as provided by law.
Article 97 The Congress may initiate an inquiry into any matter of public interest. It is mandatory to appear, upon their request, before the committees charged with such inquiries, subject to the same sanctions as in judicial proceedings.
For the implementation of their purposes, said committees may have access to any information, which may involve the lifting of banking secrecy and tax confidentiality, with the exception of information that may bear on intimate personal matters. Their conclusions do not obligate judicial organs.
The President of the Republic is obligated to place at the disposal of the Congress those members of the Armed Forces and the National Police whom the President of the Congress may request.
The Armed Forces and the National Police may not enter the premises of the Congress except with the authorization of the President of the Congress.
It is the responsibility of the Standing Committee to impeach any of the following before Congress: the President of the Republic; members of Congress; Ministers of State;
members of the Constitutional Court; members of the National Council of the Magistracy;
members of the Supreme Court; senior public prosecutors; the Public Defender of the People, and the Controller-General for violations of the Constitution and for any offense that they may commit in the exercise of their functions and up to five years after they have relinquished them.
It is the responsibility of the Congress, without participation of its Standing Committee, to suspend or not a functionary who is charged or arrested for offenses in public service up to ten years or to relieve him of his functions without prejudice to any other responsibility.
During these proceedings the accused is entitled to defend himself or do so with the assistance of an attorney before the Standing Committee and before the Congress in plenary session.
In the case of a criminal indictment, the Attorney General of the Nation presents a bill of particulars before the Supreme Court within five days. The Supreme Attorney for Criminal Affairs [Vocal Supremo Penal] opens an appropriate hearing.
An acquittal by the Supreme Court restores political rights to the accused official.
The terms of the Attorney General’s charges and of the judicial decree may neither exceed nor reduce the limits of the indictment of the Congress.
Article 101 The members of the Standing Committee of the Congress are elected by the latter. Their number must be proportional to that of the representatives of each parliamentary group but must not exceed 25 percent of the total number of Congressmen.
The duties of the Standing Committee are as follows:
1. To appoint the Controller-General on the recommendation of the President of the Republic.
2. To ratify the nomination of the President of the Central Reserve Bank and of the Superintendent of Banking and Insurance.
3. To approve the supplementary credits and the transfers and financing of the budget during the parliamentary recess.
4. To exercise the delegation of authority that the Congress may grant it.
Matters relating to constitutional reform may not be delegated to the Standing Committee nor those relating to the approval of international treaties, organic laws, the budget law, and the Republic’s general accounts law.
5. Any other matters assigned to it by the Constitution and those specified by the Rules [Reglamento] of the Congress.
The duties of the Congress are as follows: