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«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»

-- [ Page 5 ] --

1. To issue laws and legislative decrees as well as to interpret, amend, or nullify existing ones.

2. To oversee adherence to the Constitution and the laws and to take the measures necessary to establish responsibilities in the case of violations.

3. To approve treaties, in accordance with the Constitution.

4. To approve the Budget and the General Accounts.

5. To authorize loans, in accordance with the Constitution.

6. To exercise the right of amnesty.

7. To approve the territorial districting proposed by the Executive Power.

8. To give consent to the entry of foreign troops into the territory of the Republic so long as it does not in any way affect national sovereignty.

9. To authorize the President of the Republic to leave the country.

10. To exercise the other duties assigned to it by the Constitution and those pertaining to its legislative function.

Chapter II Concerning the Legislative Function Article 103 Special laws may be passed because they are required by the nature of things [naturaleza de las cosas] rather than because of disagreement between persons.

No law has retroactive effect except in the case of criminal law when it favors a defendant.

A law may be abolished only by another law. It may also be invalidated by a decision that may declare it to be unconstitutional.

The Constitution does not protect ultra vires acts [abuse del derecho].

Article 104 The Congress may delegate to the Executive Power the responsibility of legislating by means of legislative decrees relating to a specific subject and for a stated period established by the authorizing law.

Matters may not be delegated by Congress which cannot be delegated to its Standing Committee.

Legislative decrees are treated under the same rules that apply to laws as regards their promulgation, publication, scope, and effects.

The President of the Republic is accountable to the Congress or its Standing Committee for each legislative decree.

Article 105 No legislative bill may be approved without having been previously passed by the respective adjudicating committee [Comisió dictaminadora], except as provided in the Rules of Congress. Bills sent by the Executive Power as urgent have preference in Congress.

Article 106 The structure and operation of the State entities provided in the Constitution are regulated by organic laws as are other subject matters whose regulation by organic law is established in the Constitution.

Bills of the organic law are treated as any other law.

For their approval or modification, a vote of more than half the legal number of members in the Congress is necessary.

Chapter III Concerning the Formation and Promulgation of the Laws Article 107 The President of the Republic and the Congressmen have the right of initiative in the formulation of laws.

Enjoying similar rights in those subject areas that pertain to them are the other agencies of the State, the autonomous public institutions, the municipalities, and the professional schools. Also, those citizens who exercise their right of initiative in accordance with the law.

Article 108

A law approved according to a provision in the Constitution is sent to the President of the Republic for his promulgation within a period of 15 days. In case the President of the Republic does not promulgate a law, the President of the Congress or its Standing Committee does so, as appropriate.

If the President of the Republic has comments to make on the entire law or part of the law approved by the Congress, he transmits these to the latter within the stated deadline of 15 days.

Once the Congress reconsiders the law, its President promulgates it as long as more than half of the legal number of members approve it.

Article 109 The law becomes effective from the day following its publication in the official gazette, unless stated to the contrary in the same law postponing its application in whole or in part.

Chapter IV Concerning the Executive Power Article 110 The President of the Republic is the Head of State and personifies the Nation.

In order to be elected President of the Republic one must be Peruvian by birth, be over 35 years of age at the time of his candidacy, and enjoy the right of suffrage.

Article 111 The President of the Republic is elected by direct suffrage. The candidate that obtains over half the votes is elected. Invalid or blank ballots are not counted.

If none of the candidates obtains an absolute majority, within 30 days following the proclamation of the official count, a second round of voting is held between those candidates who have received the two highest number of votes.

Together with the President of the Republic and in the same manner and for the same term, two vice-presidents are also elected.

Article 112 The presidential term runs for five years. The President may be re-elected immediately for another term. After at least one other term has expired, the former President may be a candidate for office again, subject to the same conditions.

Article 113

The President of the Republic may become vacant for the following reasons:

1. Death of the President of the Republic.

2. His permanent intellectual or physical incapacity is declared by the Congress.





3. The Congress has accepted his resignation.

4. He leaves Peru’s territory without permission from Congress or does not return within the set deadline. And

5. He is removed from office after being sentenced for any of the violations mentioned in Article 117 of the Constitution.

Article 114

The mandate of the President of the Republic is suspended on account of the following:

1. His temporary incapacity declared by the Congress; or

2. His being the subject of judicial action, in accordance with Article 117 of the Constitution.

Article 115 On account of temporary or permanent impediment of the President of the Republic, his functions are assumed by the Vice President. If the latter is not available, by the Second Vice President. If both are unable to serve, by the President of the Congress. If the impediment is permanent, the President of the Congress calls for immediate elections.

When the President of the Republic leaves the national territory, the First Vice President is charged with his office. If not available, then the Second Vice President.

Article 116 The President of the Republic takes his oath of office and assumes it before the Congress on July 28 of the year in which the elections are held.

Article 117 The President of the Republic may be impeached only during his term of office for treason to the country; for blocking presidential, parliamentary, regional, or municipal elections; for dissolving Congress except in those cases provided for in Article 134 of the Constitution; and for impeding its meeting or the functioning of the National Board of Elections and other organs of the electoral system.

Article 118

It is the responsibility of the President of the Republic:

1. To execute and cause to be executed the Constitution and the treaties, laws, and other legal provisions.

2. To represent the State at home and abroad.

3. To direct the administration’s general policy.

4. To oversee the internal order and external security of the Republic.

5. To call [convocar] elections for the President of the Republic and for representatives in Congress as well as for mayors and councilmen and other officials provided by law.

6. To call special sessions of Congress and to sign, in such a case, the decree of convocation.

7. To send messages to the Congress at any time and mandatorily, in person and in writing at the meeting of the first regular annual session. The annual messages contain a detailed exposition of the State of the Republic and of the improvements and reforms that the President may deem necessary and appropriate for the consideration of the Congress.

Except for the first of these, the messages of the President are approved by the Council of Ministers.

8. To exercise his power to regulate laws without violating or weakening [desnaturalizarlas] them and, within such limits, to issue decrees and resolutions.

9. To execute and cause to be executed the sentences and resolutions of the judicial organs.

10. To implement and cause to be implemented the resolutions of the National Board of Elections.

11. To direct foreign policy and international relations and to sign and ratify treaties.

12. To appoint ambassadors and plenipotentiary ministers with the approval of the Council of Ministers, while being accountable to Congress.

13. To receive foreign diplomats and authorize consuls to exercise their duties.

14. To head the System of National Defense, to deploy and assign the Armed Forces and the National Police.

15. To adopt the measures necessary for the defense of the Republic, the integrity of its territory, and the sovereignty of the State.

16. To declare war and make peace, with the approval of Congress.

17. To manage public finances.

18. To negotiate loans.

19. To decree extraordinary measures by means of emergency decrees with the force of law in economic and financial matters when required by the national interest, while being accountable to Congress. The Congress can modify or nullify [derogar] the said emergency decrees.

20. To regulate customs duties.

21. To grant pardons and commute sentences. To exercise the power of pardon in processes where the period of investigation has exceeded twice its maximum deadline [plazo].

22. To confer decorations in the name of the Nation with the concurrence of the Council of Ministers.

23. To authorize Peruvians to serve in a foreign army. And

24. To exercise the other functions of government and administration which the Constitution and the laws entrust to him.

Chapter V Concerning the Council of Ministers Article 119 The administration and management of the public services are entrusted to the Council of Ministers and to each minister in his respective portfolio.

Article 120 Acts of the President of the Republic which lack ministerial countersignature are null and void.

Article 121 The ministers collectively form the Council of Ministers. The law determines its organization and functions.

The Council of Ministers has its President. It is the responsibility of the President of the Republic to preside over the Council of Ministers when he convokes it or attends its meetings.

Article 122 The President of the Republic appoints and removes the President of the Council of Ministers. He also appoints and removes the other ministers on the recommendation and agreement, respectively, of the President of the Council of Ministers.

Article 123 The President of the Council of Ministers, who may be a minister without portfolio, has

the following duties:

1. To be the government’s authorized spokesman after the President of the Republic.

2. To coordinate the functions of the other ministers.

3. To countersign legislative decrees, emergency decrees, and other decrees and resolutions mandated by the Constitution and the law.

Article 124 To be a minister of State, one must be Peruvian by birth, a citizen in exercise of rights, and to be at least 25 years old. Members of the Armed Forces and the National Police can be ministers.

Article 125

The Council of Ministers has the following competences:

1. To approve bills which the President of the Republic submits to Congress.

2. To approve the legislative decrees and emergency decrees issued by the President of the Republic as well as the bills, decrees, and resolutions provided by law.

3. To discuss issues of public interest.

4. Other matters assigned to it by the Constitution and the law.

Article 126 Any agreement of the Council of Ministers requires a concurring vote by the majority of its members and to be recorded in the minutes.

Ministers may not exercise another public function other than legislative.

Ministers may not manage their own or third parties’ profit-making interests or be involved in the administration or management of enterprises other than private associations.

Article 127 There are no acting [interinos] ministers. The President of the Republic can appoint a minister who, while retaining his portfolio, can be entrusted with another following an incumbent’s incapacity, but such responsibility may neither exceed thirty days nor be transferrable to other ministers.

Article 128 Ministers are individually responsible for their own acts and for the presidential acts that they countersign.

All ministers are jointly responsible for actions that infringe on or violate the Constitution or the laws approved by the President of the Republic or approved by the Council of Ministers even though these ministers may have voted against the measures, so long as they do not resign their office immediately.

Article 129 The Council of Ministers in plenary or ministers individually may attend the sessions of Congress and participate in its debates with the same prerogatives as parliamentarians, except that of voting if they are not members of Congress.

They may also attend when invited to give information.

Either the President of the Council of Ministers or at least one of the ministers attends periodically the plenary sessions of Congress during the questions period.

Chapter VI Concerning Relations with the Legislative Branch Article 130 Within 30 days of assuming his functions, the President of the Council of Ministers attends Congress accompanied by the other ministers to expound and discuss the government’s general policy and the principal measures necessary for their implementation. For that purpose, a vote of confidence is taken.

If the Congress is not in session, the President of the Republic calls a special session.

Article 131 When summoned by the Congress for an interpellation, attendance by the Council of Ministers or any of the ministers is mandatory.



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