Legislative power is exercised by the General Assembly, which is composed of two Chambers, the House of Representatives and the Senate (Article 83 of the Constitution).

Executive power is exercised by the President (Article 149 of the Constitution). The Vice-President is the presiding officer of the General Assembly and the Chamber of Senators. The Council of Ministers is composed of the Heads of the several ministries or the persons acting in their place, and it has exclusive competence over all acts of Government and administration submitted to it by the President or his or her ministers on topics relating to their respective departments (Article 160 of the Constitution). It is presided over by the President, who has a voice in the discussions and a deciding vote on resolutions in case of a tie, even if this had resulted from his or her own vote.

The President and Vice-President are elected jointly and directly by the people, by an absolute majority of voters (Article 151 of the Constitution). Each party may only present one candidate for each office. If none of the candidates obtains the required majority in the first round, a second election is held between the two candidates with the most votes. The President allots the ministries to citizens who, by virtue of their parliamentary support, are assured of remaining in office (Article 174 of the Constitution). Ministers cease to function by resolution of the President.

The President and Vice-President hold office for five years and in order to hold office again it is necessary that five years have elapsed since the date of leaving office (Article 152 of the Constitution). This provision includes the President in respect of the Vice-Presidency but not the Vice-President in respect of the Presidency. The Vice-President and any citizen who has occupied the Presidency during a permanent vacancy of more than one year may not be elected to those offices without a lapse of five years. Likewise, the Vice-President or the citizen who occupied the Presidency within the three months preceding an election may not be elected President. The President's term coincides with those of both Chambers.

Whenever a senator is called to serve temporarily as President of the Republic and whenever senators and representatives are called to serve as ministers or under-secretaries of state, their legislative functions are suspended, and during such suspension their substitutes replace them. The legislative function is incompatible with the holding of any other elective public office, regardless of its nature. Senators and representatives, after they have taken their seats in their respective Chambers, may not hold salaried positions under the state, the departmental governments, the autonomous bodies, the decentralised services, or any other public agency, or perform remunerative services of any kind for them, without the consent of the Chamber to which they belong, and in all such cases their seats are considered vacated by the act of accepting such a position or rendering such service (Article 122 of the Constitution).

• Circumstances

If Parliament maintains a vote of no confidence against a minister or ministers by less than three fifths of its full membership, the President, within the next 48 hours, may, by express decision, retain the censured minister, ministers, or Council of Ministers, and dissolve both Chambers (Article 148 of the Constitution). In such case he or she must call for new elections, which are held on the eighth Sunday following the date of his or her decision. The retaining of the censured minister, ministers, or Council of Ministers, the dissolution of the Chambers and the call for new elections must be made simultaneously in the same decree.

• Modalities

If the President so decides the Chambers are suspended but the rights and privileges of parliamentarians continue. The President may not exercise this power during the last twelve months of his or her term. During that period the General Assembly may vote on a motion of censure if it is adopted by two thirds or more of its full membership. In the case of censure that is not collective, the President may not exercise this right more than once during his or her term of office. From the moment the executive does not comply with the decree calling for new elections, the Chambers resume their sessions ipso jure and recover their constitutional rights, and the Council of Ministers fails.

If within 90 days following the election, the electoral court has not proclaimed elected a majority of the members of each Chamber, the dissolved Chambers also recover their rights. If such a majority is proclaimed, the General Assembly meets with all its rights within three days following the notification. The new General Assembly meets without prior convocation by the executive and the previous one terminates at that time. Within 15 days after its organisation, the new General Assembly, by an absolute majority of its full membership, maintains or revokes the vote of censure. If it is maintained the Council of Ministers fails. The Chambers elected by special election complete the normal term of those who left office. No dissolutions occurred between 1990 and 2000.

Ministers are individually and collectively responsible for such decrees or orders as they may sign or issue with the President, except in case of an express resolution of the Council of Ministers, in which the responsibility rests with those who agreed to the decision (Article 179 of the Constitution). Ministers may not be exempt from criminal responsibility even if they invoke the written or verbal order of the President or the Council of Ministers.

• Oral and written questions of parliamentarians

Each Chamber has the right, by a resolution of one third of its full membership, to require the presence on its floor of ministers in order to question them and receive from them information which it considers appropriate, whether for legislative purposes or for purposes of inspection or investigation (Article 119 of the Constitution).

• Government reports to Parliament

The President, acting with the respective minister or ministers, or with the Council of Ministers, has the duty to inform the legislature, at the beginning of regular sessions, of the state of the Republic and of the improvements and reforms which he or she considers worthy of its attention (Article 168.5 of the Constitution). Upon the opening of each legislative period, ministers submit a concise report to the General Assembly on all matters concerning their respective ministries (Article 177 of the Constitution).

• Vote of confidence on Government programs and/or legislative proposals

The President may require a vote of confidence from the General Assembly for the Council of Ministers (Article 174 of the Constitution). For this purpose, he or she appears before the Assembly, which makes a decision without debate by a majority vote of all its members within a period not longer than 72 hours. If the Assembly does not meet within the stipulated period or, having met, does not adopt a decision, the vote of confidence is considered to have been granted.

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

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

Ministers are individually and collectively responsible for such decrees or orders as they may sign or issue with the President, except in case of an express resolution of the Council of Ministers, in which the responsibility rests with those who agreed to the decision (Article 179 of the Constitution).

The General Assembly exercises oversight over the actions of the administration by holding hearings in committees.

• Committees of inquiry and missions to Government departments

Each Chamber may appoint parliamentary committees for making investigations or for obtaining data for legislative purposes (Article 120 of the Constitution).

• Oral and written questions of parliamentarians

Any parliamentarian may ask a minister, the Supreme Court of Justice, the electoral court, the contentious-administrative tribunal, and the Court of Accounts, for such data and information as he or she may consider necessary for the discharge of his or her duties (Article 118 of the Constitution). The request must be made in writing and through the intermediary of the presiding officer of the respective Chamber, who will transmit it immediately to the appropriate agency. If the latter does not supply the information within a certain period, a parliamentarian may request it through the Chamber to which he or she belongs, which will make a final decision in the case. Matters pertaining to the jurisdictional business and competence of the judicial power and of the contentious-administrative tribunal may not be the object of such a request.

Each Chamber has the right, by a resolution of one third of its full membership, to require the presence on its floor of ministers, in order to question them and receive from them information which it considers appropriate, whether for legislative purposes or for purposes of inspection or investigation (Article 119 of the Constitution). Such questions can give rise to a debate in the plenary session. When information refers to autonomous bodies or decentralised services, ministers may require the simultaneous attendance of a representative of the corresponding council or board of directors.

• Role of Parliament in the appointment of senior Government officials

The President has the duty to appoint consular and diplomatic personnel, the consent of the Chamber of Senators, or during its recess, of the permanent commission, being necessary for the appointment of Chiefs of mission (Article 168, paragraph 12 of the Constitution). If the Chamber of Senators or the permanent commission does not take action within 60 days, the Executive acts without the requested consent. The posts of ambassador and minister in the foreign service are regarded as positions of personal trust of the Executive, unless a law adopted by an affirmative vote of an absolute majority of all parliamentarians provides otherwise. The President also has the duty to appoint the court prosecutor and other prosecuting attorneys, with the consent of the Chamber of Senators or of the permanent commission, by a three-fifths vote of the full membership. Such consent is not necessary for appointment of the state attorney and for the contentious-administrative tribunal or for prosecutors in the ministries and treasury.

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

The President, acting with the respective minister or ministers, or with the Council of Ministers, has the duty to inform the legislature, at the beginning of regular sessions, of the state of the Republic and of the improvements and reforms which he or she considers worthy of its attention (Article 168, paragraph 5 of the Constitution). Upon the opening of each legislative period, ministers submit a concise report to the General Assembly on all matters concerning their respective ministries (Article 177 of the Constitution).

• Representation of Parliament in governing bodies of the Government administration

During their term of office, parliamentarians are prohibited from participating as directors, administrators, or employees of enterprises under contract for works or services with the state, the departmental governments, autonomous bodies, decentralised services or any other public agency, and from carrying or directing matters on behalf of third parties before the central administration, departmental governments, autonomous bodies or the decentralised services (Article 124 of the Constitution). Non-observance of this provision will entail immediate loss of legislative office. The prohibition applies to senators and representatives until one year after the end of their term of office, except by the express authorisation of the respective Chamber.

• Mode for appointing an ombudsman

Not applicable

• Relationship to Parliament

Not applicable

The President has the duty to prepare and submit the general budget annually to the General Assembly (Article 168.19 of the Constitution). More precisely, the Executive prepares the national budget for the Government's term with the advice of the office of planning and budget, and submits it to Parliament within the first six months of its term (Article 214 of the Constitution).

• Examination of the budget / finance act by Parliament

The budget is prepared and adopted with a structure that contains (i) the current expenses and investments of the state divided into items according to programme; (ii) the functional wage scales and salaries divided into items according to programme; and (iii) revenues and an estimate of their amount, as well as the percentage that, over the total amount of resources, corresponds to the departmental governments. To this effect, the sectoral commission provides advice on the percentage to be set 30 days before the period mentioned above. If the office of planning and budget does not share its opinion, it is presented to the Executive, and the latter presents it to the General Assembly.

Within six months after the close of a fiscal year, to coincide with the calendar year, the Executive submits to Parliament a rendition of accounts and budget balance statement for that year, and Government may propose any changes deemed indispensable in the total amount of expenditures, investments, and salaries or revenues and may create new items, and make deletions and modifications, in programmes for duly justifiable reasons. The General Assembly exclusively passes upon the overall amount of each item; programme, the objective thereof, wage scales and number of officials, and revenues, but it may not make changes that will mean greater expenditures than those proposed. Items may not be included in the budgets when they cover a period longer than the term of office of Government or which do not refer exclusively to its interpretation or execution. All budgetary drafts are transmitted to the appropriate official for consideration and approval, including a comparison with the current budgets. Supplementary or substitutive messages may be sent only in the exclusive case of the draft of the national budget and then only within 20 days of the first receipt of the draft in each Chamber.

• Reports on the budget / finance act by Committees

Not available

• Defence budget

The General Assembly exercises oversight over all public funds.

• Budget of special departments

The General Assembly exercises oversight over all public funds.

• Role of Parliament in national development plans

Not applicable

Each Chamber must pass upon the draft budgets or laws governing rendition of accounts within 45 days after they are received (Article 217 of the Constitution). If they have not acted within that period, the draft or drafts are considered rejected. Whenever a draft approved by one Chamber is modified by the other Chamber, the Chamber that approved it originally must pass upon the modifications within the next 15 days, after which or if the modifications are rejected, the draft goes to the General Assembly. The Assembly must pass upon it within the next 15 days. If it does not act within that period, the drafts are considered rejected.

As long as a draft budget has not been approved, the previous budget continues to be in effect (Article 228 of the Constitution).

Within the first 12 months of each legislative term, each Chamber approves its budget by a vote of three fifths of its full membership, and notifies the Executive in order for it to be included in the national budget (Article 108 of the Constitution). These budgets are structured by programmes and, in addition, are widely published. Within the first five months of each legislative term, any changes deemed indispensable may be adopted by the same quorum.

• Government reports to Parliament about public spending periodically:   Yes

The President renders an itemised account of the expenditures made during the preceding year to the General Assembly (Article 168, paragraph 19 of the Constitution). More precisely, the departmental governments remit to the parliament, within six months after the close of the fiscal year, a statement of accounts of the resources received, with a precise indication of the applied amounts and uses. The General Assembly approves or disapproves, in whole or in part, the accounts presented (Article 85, paragraph 5 of the Constitution).

• Not applicable

Not applicable

The Court of Accounts is composed of seven members, who must meet the same qualifications as those required for a senator (Article 208 of the Constitution). They are appointed by the General Assembly by a two-thirds vote of its full membership. The terms of members ends when the General Assembly is replaced. They may be re-elected, and for each member there are three substitutes for cases of vacancy, temporary disability or leave of absence. Members of the court are responsible to the Assembly for the faithful and accurate fulfilment of their functions. The latter may remove them in case of inefficiency, neglect, or malfeasance, by a two-thirds vote of its full membership. The court exercises supervision in all matters within its competence and over all offices of accounts, collections and payments of the state, departmental governments, autonomous bodies and decentralised services, regardless of their nature, and it may propose to appropriate officials such changes as it may consider advisable.

• Reports of the public auditor's office

The Court of Accounts has functional autonomy, which is regulated by a law drafted by the court itself. It is the province of the court (i) to deliver opinions and furnish information on budget matters; (ii) to supervise expenditures and payments for the sole purpose of certifying as to their legality, appending whenever necessary any pertinent objections. Should the respective auditor persist, he or she communicates the matter to the court, without prejudice to compliance with the order. Should the court in turn maintain its objections, it communicates detailed information to the General Assembly, or to whoever may be acting in its stead, for appropriate action. (iii) To deliver opinions and furnish information with respect to the submission of accounts and activities of all state bodies, as well as, insofar as appropriate action in cases of responsibility is concerned, setting forth the pertinent considerations and objections; and (iv) to present to the Assembly an annual report relative to the rendering of accounts.

• Foreign Relations Committee (sub-report)

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

Not applicable

• Plenary debates on foreign policy issues

Each Chamber has the right, by a resolution of one third of its full membership, to require the presence on its floor of the minister of foreign affairs, in order to question him or her and receive information which it considers appropriate, whether for legislative purposes or for purposes of inspection or investigation (Article 119 of the Constitution). Such questions can give rise to a debate in the plenary session.

• Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of Government.

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

• Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

• National Defence Committee (sub-report)

• Parliamentary oversight of public arms manufacturing companies

Not applicable

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

The General Assembly declares war and approves or disapproves, by an absolute majority of the full membership of both Chambers, the treaties of peace or of alliance that Government may make with foreign States (Article 85, paragraph 7 of the Constitution)

• Role of Parliament in sending troops abroad

The General Assembly refuses or permits the dispatch of national forces outside the Republic, in fixing the time for their return to the country (Article 85, paragraph 12 of the Constitution).

• Other mechanisms for participation in national defence policy by Parliament

In addition to the above, the General Assembly exercises oversight over defence policy by designating each year the armed forces that may be necessary, by permitting or prohibiting the entry of foreign troops into the territory, and by issuing regulations concerning the militia and to fix their number and designate the times they may be called for service (Article 85 of the Constitution).

The President, acting with the respective minister or ministers, or with the Council of Ministers, has the duties to decree the severance of relations, and in accordance with a prior resolution of the General Assembly, to declare war, provided that arbitration or other peaceful means to avoid it have been unsuccessful (Article 168, paragraph 16 of the Constitution). He or she takes prompt measures of security in grave and unforeseen cases of foreign attack or internal disorder, giving an account within 24 hours to a joint session of the parliament, or during its recess, to the permanent commission, of the action taken and its motives, the decision of the latter bodies being final. With respect to persons, prompt measures of security authorise only their arrest or removal from one place in the country to another provided they do not leave it. This measure must be submitted within 24 hours to a joint session of the parliament or to the permanent commission, which will make the final decision. Such detention may not be at a place intended for the incarceration of criminals.

Both the existence and the functioning of the General Assembly are not affected by such decrees.

• Body ruling on the constitutionality of laws:    Supreme Court / Tribunal

The Supreme Court is composed of five members (Article 234 of the Constitution), who are appointed by the General Assembly by a two-thirds vote of its full membership. Any appointment must be made within 90 days after a vacancy has occurred, for which purpose the General Assembly is called into special session. If this period expires, the appointment of a Supreme Court Justice goes automatically to the member of the appellate tribunals having the longest service in such post, and, if there is equal seniority, to the person who has served longest in the Judiciary or in the public or fiscal ministry or prosecution service. Justices serve for 10 years. They may not be re-elected until after a lapse of five years following the previous term.

• Means and procedures

The Supreme Court tries all violators of the Constitution, without exception; offences against the law of nations and cases in admiralty; questions relating to treaties, pacts and conventions with other States; and takes cognisance of cases involving diplomatic representatives in such cases as are contemplated in international law (Article 239 of the Constitution). In all matters in which the Supreme Court has original jurisdiction, it is the province of the law to decide on the procedure to be followed, which in any case is public and requires final judgments, with opinions and express reference to the law that is applied.

Laws may be declared unconstitutional by reason of form or content (Article 256 of the Constitution). The Supreme Court has original and exclusive jurisdiction in the hearing and decision of such matters; and must render its decision in accordance with the requirement for final decisions. The declaration of the unconstitutionality of a law and the inapplicability of its provisions may be requested by any person who considers that his or her direct, personal, and legitimate interest is injured, (i) by means of lawsuit, which must be filed before the Supreme Court; and (ii) by plea of exception, which may be made in any judicial proceeding.

A Judge or court that hears any judicial proceeding, or the contentious-administrative tribunal, as the case may be, may also request the declaration of unconstitutionality of a law and its inapplicability, before rendering a decision. In this case, the proceedings are suspended and the case referred to the Supreme Court. The decisions of the Supreme Court refer exclusively to the concrete case and have effect solely on the proceedings for which it was rendered. Decrees of the departmental governments having the force of law within their jurisdictions may also be declared unconstitutional, subject to the provisions of the preceding articles.

Note that the General Assembly interprets the Constitution, without prejudice to the power of the Supreme Court (Article 85, paragraph 20 of the Constitution).

Not applicable