Summary.
The bill adds a Chapter III, entitled “Vote of Censure,” to Title VII of Law 49 of 1984, which adopts the Organic Rules of Internal Procedure of the National Assembly (Asamblea Nacional). Proposed Articles 203-A through 203-F set out the stages for initiating, debating and voting on censure directed against a minister of state, together with the steps following its approval. Article 2 reiterates the chapter and the articles that would be incorporated into those Rules.
Under proposed Article 203-A, the initiative must be filed in writing with the General Secretariat of the National Assembly at least six (6) days before the date set for debate. It must be signed by no fewer than half of the deputies who make up the National Assembly. The proposal must clearly set out the facts and reasons supporting it, so that those grounds form part of the submission considered under the parliamentary procedure.
Once the proposal is filed, Article 203-B calls for it to be read before the plenary and placed on the agenda for the relevant sitting, subject to the constitutional period preceding its discussion. Article 203-C grants the minister of state targeted by the censure the right to appear personally before the plenary prior to the vote and give any explanations the minister considers pertinent. That appearance takes place within the procedure established by the new chapter.
Article 203-D makes the general debate rules in the Rules of Procedure applicable to the discussion. Once discussion ends, the President of the National Assembly puts the proposal to a vote. Under Article 203-E, approval requires affirmative votes from two-thirds of the deputies who make up the National Assembly, cast in a roll-call vote.
If the censure is approved, Article 203-F requires the National Assembly to communicate its decision immediately and formally to the President of the Republic, enclosing the full resolution stating its grounds. The decision is published in full in the Official Gazette (Gaceta Oficial) and disseminated through the National Assembly’s official institutional communication channels. Within no more than thirty (30) calendar days after that communication, the Executive Branch (Órgano Ejecutivo) sends the National Assembly a written report on actions taken subsequently in relation to the censured minister. The report is brought before the plenary and added to the corresponding legislative file, without opening another procedure or making any determination of criminal or administrative liability. Article 3 provides that the proposed law takes effect upon promulgation.
The procedure involves the National Assembly, its General Secretariat and its plenary, together with the President of the Republic and the Executive Branch. Its provisions could concern participants in parliamentary oversight and public administration, as well as ministers of state subject to that oversight.
What it proposes.
- Initiation and parliamentary handling of a vote of censure against a minister of state.
- Debate, roll-call voting and the majority required to approve censure.
- Communication, publication and the subsequent report on the decision.
Who it would affect.
- Deputies of the National Assembly.
- Ministers of state targeted by a proposed vote of censure.
- The Executive Branch.
Key points.
- Adds a Chapter III on the vote of censure, comprising Articles 203-A through 203-F, to Title VII of Law 49 of 1984.Arts. 1-2
- Requires a written proposal to be filed with the General Secretariat of the National Assembly at least six (6) days in advance, signed by no fewer than half the deputies and clearly setting out supporting facts and reasons.Art. 1
- Requires the proposal to be read before the plenary and placed on the agenda, subject to the constitutional period before discussion.Art. 1
- Grants the targeted minister the right to appear personally before the plenary and provide explanations before the vote.Art. 1
- Applies the general debate rules and requires affirmative roll-call votes from two-thirds of the deputies to approve censure.Art. 1
- Requires communication of the approved decision to the President of the Republic, full publication in the Official Gazette and dissemination through the National Assembly’s institutional channels.Art. 1
- Requires the Executive Branch, within no more than thirty (30) calendar days after communication, to report on subsequent actions concerning the censured minister; the report is brought before the plenary and added to the legislative file.Art. 1
- Provides that the proposed law takes effect upon promulgation.Art. 3