0A4F4F9BD490A749D5437F821CF06DF1

Constitution of Colombia, Article 15

https://www.corteconstitucional.gov.co/inicio/Constitucion%20politica%20de%20Colombia%20-%202015.pdf

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This file was generated: 2020-07-15 04:32:47

Indicators in focus are typically shown highlighted in yellow; Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; Trigger Words/Phrases are shown highlighted in gray.

Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)


Applicable Type / Vulnerability / Indicator Overlay for this Input

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activitycrime6
PoliticalIllegal Activityillegal4
PoliticalIllegal Activityunlawful1
PoliticalIndigenousindigenous19
PoliticalIndigenousnative1
PoliticalProsecutedprosecuted4
PoliticalRefugee Statusasylum1
Politicalcriminalcriminal49
Politicalpolitical affiliationparty23
Politicalpolitical affiliationpolitical330
Politicalstateless personsnation84
Politicalvulnerablevulnerable1
HealthDrug Dependencedependence4
HealthDrug Dependencedependency2
HealthDrug Usagedrug4
HealthDrug Usageinfluence2
HealthMentally Disableddisabled3
HealthMentally Disableddisability8
HealthMotherhood/Familyfamily15
HealthMotherhood/Familymotherhood1
HealthPhysically Disabledillness3
Healthaddictionaddicts1
SocialAccess to Social Goodsaccess19
SocialAccess to informationaccess to information1
SocialAgeage9
SocialChildchild3
SocialChildchildren7
SocialEthnicityethnic7
SocialIncarceratedliberty2
SocialIncarceratedprison2
SocialLinguistic Proficiencylanguage2
SocialLinguistic Proficiencylinguistic1
SocialMarital Statusmarital status1
SocialMarital Statussingle4
SocialOccupationjob3
SocialPolice Officerpolice24
SocialProperty Ownershiphome3
SocialProperty Ownershipproperty18
SocialRacial Minorityminority1
SocialRacial Minorityrace1
SocialReligionfaith2
SocialReligionconviction1
SocialReligionreligion4
SocialReligionreligious4
SocialSoldierarmedXforces1
SocialSoldierarmy1
SocialSoldiermilitary17
SocialThreat of Violenceviolence3
SocialTrade Union Membershipunion6
SocialUnemploymentunemployed1
SocialUnemploymentunemployment1
SocialVictim of Abusevictim2
SocialVictim of Abuseabuse6
SocialWomenwomen3
SocialYouth/Minorsminor2
SocialYouth/Minorsyouth2
Socialeducationeducation29
Socialeducationeducational5
Socialemployeesemployees20
Socialgendergender3
Socialparentsparents2
Socialphilosophical differences/differences of opinionopinion8
Socialpublic officialpublic official1
EconomicEconomic/Povertypoor2
EconomicEconomic/Povertypoverty2
General/OtherDependentdependent1
General/OtherImpaired Autonomyautonomy15
General/OtherIncapacitatedincapacity2
General/OtherOther Countryforeign country1
General/OtherPublic Emergencyemergency9
General/OtherRelationship to Authorityauthority36

Political / Illegal Activity

Searching for indicator crime:

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p.002015: moral or economic character that inhibit them to participate in the processing of matters submitted for consideration.
p.002015: The law will determine what is related to conflicts of interest and objections.
p.002015: Article 183. The congressmen will lose their investiture:
p.002015: 1. For violation of the disability and incompatibility regime, or the conflict of interest regime.
p.002015: 2. Due to the absence, in the same session, of six plenary meetings in which projects of
p.002015: legislative act, law or censorship motions.
p.002015: 3. For not taking possession of the position within eight days following the date of installation of the Chambers,
p.002015: or on the date they were called to take possession.
p.002015: 4. Due to undue destination of public money.
p.002015: 5. Due to influence traffic duly verified.
p.002015: Causes 2 and 3 will not apply when force majeure.
p.002015: Article 184. The loss of the investiture shall be decreed by the State Council in accordance with the law and in
p.002015: a term not exceeding twenty business days, counted from the date of the request made by the table
p.002015: directive of the corresponding chamber or by any citizen.
p.002015: Article 185. The congressmen shall be inviolable by the opinions and votes they cast in the exercise of office,
p.002015: without prejudice to the disciplinary rules contained in the respective regulations.
p.002015: Article 186. Of the crimes committed by congressmen, the Supreme Court of Justice will know privately,
p.002015: only authority that can order his detention. In case of flagrant crime they must be apprehended and placed
p.002015: immediately available to the same corporation.
p.002015: Article 187. The allocation of members of Congress shall be readjusted every year in proportion equal to the average
p.002015: weighted of the changes in the remuneration of the central administration's servers, according to
p.002015: certification issued by the Comptroller General of the Republic for this purpose.
p.002015: Of the Congressmen
p.002015: (Articles 181-187)
p.002015: 54 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE VII
p.002015: OF THE EXECUTIVE BRANCH
p.002015: CHAPTER 1
p.002015: THE PRESIDENT OF THE REPUBLIC
p.002015: Article 188. The President of the Republic symbolizes national unity and by swearing the fulfillment of the
p.002015: Constitution and laws, is obliged to guarantee the rights and freedoms of all Colombians.
p.002015: Article 189. It corresponds to the President of the Republic as Head of State, Head of Government and Supreme Authority
p.002015: Administrative:
p.002015: 1. Appoint and separate freely the Ministers of the Office and the Directors of Administrative Departments.
p.002015: 2. Direct international relations. Appoint diplomatic and consular agents, receive agents
p.002015: respective and conclude with other States and entities of international law treaties or agreements that will be subject to
p.002015: Congress approval.
p.002015: 3. Lead the public force and dispose of it as Supreme Commander of the Armed Forces of the
p.002015: Republic.
p.002015: 4. Keep public order throughout the territory and restore it where it is disturbed.
p.002015: 5. Direct war operations when deemed appropriate.
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p.002015: Article 247. The law may create justices of the peace responsible for resolving in equity individual conflicts and
p.002015: community You can also order are elected by popular vote.
p.002015: Article 248. Only the sentences granted in judicial sentences are definitively of the
p.002015: criminal and contradictory records in all legal orders.
p.002015: CHAPTER 6
p.002015: OF THE NATIONAL GENERAL TAX
p.002015: Article 249. The Office of the Attorney General of the Nation shall consist of the Attorney General, the delegated prosecutors.
p.002015: and other officials determined by law.
p.002015: The Attorney General of the Nation will be elected for a period of four years by the Supreme Court of Justice, from terna
p.002015: sent by the President of the Republic and cannot be reelected. You must meet the same qualities required to be
p.002015: Magistrate of the Supreme Court of Justice.
p.002015: The Attorney General's Office is part of the judicial branch and will have administrative and budgetary autonomy.
p.002015: Article 250. Legislative Act 03 of 2002, article 2. Article 250 of the Political Constitution will read as follows:
p.002015: The Office of the Attorney General of the Nation is obliged to advance the exercise of the criminal action and carry out the
p.002015: investigation of the facts that have the characteristics of a crime that come to your attention
p.002015: through denunciation, special petition, complaint or ex officio, as long as they have sufficient grounds and
p.002015: factual circumstances that indicate the possible existence of it. It may not, therefore, suspend,
p.002015: interrupt or renounce criminal prosecution, except in cases established by law for enforcement
p.002015: of the principle of opportunity regulated within the framework of the State's criminal policy, which will be subject to
p.002015: legality control by the judge who exercises the functions of guarantee control. Crimes are excepted
p.002015: committed by members of the Public Force in active service and in relation to the same service.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Articles 244-250)
p.002015: 68 COLOMBIA POLITICAL CONSTITUTION
p.002015: In exercising its functions, the Office of the Attorney General of the Nation must:
p.002015: 1. Request the judge to exercise the functions of guarantee control the necessary measures to ensure the
p.002015: Appearance of those charged to criminal proceedings, the preservation of evidence and the protection of the community, in
p.002015: Special of the victims.
p.002015: The judge who exercises the functions of control of guarantees, may not be, in any case, the judge of knowledge, in
p.002015: those matters in which he has exercised this function.
p.002015: The law may empower the Attorney General's Office to exceptionally capture; equally,
p.002015: the law will set the limits and events in which the capture proceeds. In these cases the judge that fulfills the function of
p.002015: control of guarantees shall be carried out no later than thirty-six (36) hours later.
p.002015: 2. Advance records, searches, seizures and communications interceptions. In these events
p.002015: the judge exercising the functions of guarantee control shall carry out the respective subsequent control, at the latest
p.002015: within thirty-six
p.002015: (36) following hours.
p.002015: 3. Ensure the material evidence, guaranteeing the chain of custody while exercising its
p.002015: contradiction. In case additional measures are required that involve the involvement of fundamental rights,
p.002015: the respective authorization must be obtained by the judge who exercises the functions of guarantee control
p.002015: to be able to proceed to it.
p.002015: 4. Present an indictment before the knowledge judge, in order to initiate a public trial,
p.002015: oral, with immediate evidence, contradictory, concentrated and with all guarantees.
p.002015: 5. Request before the judge of knowledge the preclusion of investigations when as provided in the
p.002015: there will be no merit to accuse.
p.002015: 6. Request before the judge of knowledge the judicial measures necessary for the assistance to
p.002015: victims, as well as providing for the restoration of the right and full reparation to those affected by the crime.
p.002015: 7. Ensure the protection of victims, jurors, witnesses and other parties involved in the
p.002015: criminal proceedings, the law will determine the terms in which victims may intervene in the criminal proceedings and mechanisms
p.002015: of restorative justice.
p.002015: 8. Direct and coordinate the functions of the Judicial Police that are permanently carried out by the National Police and the
p.002015: other bodies indicated by law.
p.002015: 9. Fulfill the other functions established by law.
p.002015: The Attorney General and his delegates are competent throughout the national territory.
p.002015: In the event of presenting a written complaint, the Attorney General or his delegates must provide, by
p.002015: through the knowledge judge, all the evidence and information that you have news, including
p.002015: that are favorable to the processing.
p.002015: Paragraph 1. The Attorney General’s Office will continue to comply with the new inquiry system,
p.002015: criminal investigation and prosecution, the functions contemplated in article 277 of the National Constitution.
p.002015: Paragraph 2. Legislative Act 06 of 2011, article 2. Article 250 of the Political Constitution will have a
p.002015: Paragraph 2 of the following wording: Decree 379 of 2012. Article 1. Correct article 2 of the Legislative Act
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p.001994: special modalities of execution and enforcement of the sentence; and authorize the conditional waiver of the persecution
p.001994: criminal court of all cases not selected. The statutory law will take into account the seriousness and
p.001994: representativeness of the cases to determine the selection criteria.
p.001994: In any case, special criminal treatment through the application of constitutional instruments such as
p.001994: Previous will be subject to the fulfillment of conditions such as the abandonment of weapons, recognition
p.001994: of responsibility, the contribution to the clarification of the truth and the integral reparation of the victims, the
p.001994: release of the hostages, and the untying of the unlawfully recruited minors who are
p.001994: train held by armed groups outside the law.
p.001994: Paragraph 1. In the cases of the application of transitional justice instruments to armed groups outside
p.001994: of the law that has participated in the hostilities, this will be limited to those who demobilize
p.001994: collectively within the framework of a peace agreement or to those who demobilize individually
p.001994: compliance with established procedures and with the authorization of the national Government.
p.001994: Paragraph 2. In no case may transitional justice instruments be applied to armed groups to the
p.001994: margin of law that has not been a party to the internal armed conflict, nor to any member of a group
p.001994: armed that once demobilized continue to commit crime.
p.001994: Transitory dispositions
p.001994: (Article 66)
p.001994: POLITICAL CONSTITUTION COLOMBIA 117
p.001994: Transitory article 67. Legislative Act 01 of 2012, article 3. The Political Constitution will have a new article
p.001994: transitory that will be 67, like this: A statutory law will regulate what the crimes considered related to the crime will be
p.001994: politician for purposes of the possibility of participating in politics. They cannot be considered related to crime
p.001994: political crimes that acquire the connotation of crimes against humanity and genocide committed in a manner
p.001994: systematically, and therefore those who have been convicted and cannot be elected to politics or elected
p.001994: Selected for these crimes.
p.001994: Legislative Act 01 of 2012, article 2. Transient. Once the national government presents to the Congress of the
p.001994: Republic the first bill authorizing the application of criminal instruments established in
p.001994: In paragraph 4 of article 1 of this legislative act, Congress will have four (4) years to deliver all
p.001994: the laws that regulate this matter.
p.001994: Legislative Act 2 of 2015, article 18. Transitional. The national government must present before
p.001994: October 1, 2015 a statutory bill to regulate the functioning of the organs
p.001994: of government and judicial administration.
p.001994: The following provisions shall apply until such statutory law enters into force:
p.001994: 1. The organs of government and judicial administration shall be formed as follows:
p.001994: a) The members of the Judicial Government Council must be appointed or elected within two months
p.001994: counted from the entry into force of this Legislative Act. The elections of the representative of the
p.001994: court magistrates and the judges and the representative of the judicial employees will be held by vote
p.001994: direct from their peers in the Judicial Branch.
p.001994: The elections will be organized by the Interinstitutional Commission of the Judicial Branch.
p.001994: b) The permanent and exclusive members of the Judicial Government Council must-
p.001994: shall be elected within two months after the election or appointment of the other members
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Searching for indicator illegal:

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p.002015: popular or internal or inter-party that coincide or not with the elections to
p.002015: On Forms of Democratic Participation, of Political Parties (Articles 103-107)
p.002015: COLOMBIA POLITICAL CONSTITUTION 31
p.002015: Public potions, in accordance with the provisions of its statutes and the law.
p.002015: In the case of popular consultations, the rules on campaign financing and publicity and access to
p.002015: the media of the State, which govern the ordinary elections. Who participates in the
p.002015: consultations of a political party or movement or in interpartisan consultations, you cannot register for another in the
p.002015: same electoral process. The result of the consultations will be mandatory.
p.002015: The leaders of the parties and political movements must promote democratization processes
p.002015: internal and strengthening the bench regime.
p.002015: Political parties and movements must respond for any violation or violation of the rules that govern
p.002015: its organization, operation or financing, as well as for endorsing candidates chosen in positions or
p.002015: public corporations of popular choice, who have been or were convicted during the exercise of the position to
p.002015: which was endorsed by judgment executed in Colombia or abroad for crimes related to the vin-
p.002015: culation of illegal armed groups and activities of drug trafficking or crimes against the mechanisms of
p.002015: democratic participation or against humanity.
p.002015: Political parties or movements will also respond for endorsing candidates not elected to office or
p.002015: public corporations of popular choice, if they had been or were convicted during the term of office
p.002015: public to which he was nominated, by sentence executed in Colombia or abroad for crimes
p.002015: related to the connection to illegal armed groups and drug trafficking activities, committed previously
p.002015: Give to the issuance of the corresponding guarantee.
p.002015: Sanctions may consist of fines, devotion of public resources received through the system of
p.002015: replacement of votes, until the cancellation of the legal status. When it comes to these sentences to
p.002015: who were elected to uninominal positions, the party or movement that
p.002015: endorsed the convicted, may not present candidates for the following elections in that Circumscription. If missing
p.002015: less than 18 months for the following elections, they may not submit three, in which case the nominator may
p.002015: freely designate the replacement.
p.002015: The directors of the parties who are shown to have failed to proceed with due care and diligence in the
p.002015: exercise of the rights and obligations conferred upon them by legal status, they will also be subject to the
p.002015: sanctions determined by law.
p.002015: Social organizations are also guaranteed the right to demonstrate and participate in events
p.002015: politicians.
p.002015: Anyone who is a member of a public corporation decides to run for the next election, for a
p.002015: Different party, you must give up the seat at least twelve (12) months before the first day of registration.
p.002015: Transitional Paragraph 1. Without prejudice to the provisions of article 134, within the two
p.002015: (2) months following the entry into force of this legislative act, authorize, once only, the
p.002015: members of the collegiate bodies of popular election, or those who had previously renounced their seat
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p.002015: And the law.
p.002015: EPISODE 2
p.002015: OF PUBLIC FUNCTION
p.002015: Article 122. There will be no public employment that does not have functions detailed in law or regulation, and to provide those of
p.002015: remunerated nature is required to be contemplated in the respective plant and its emoluments provided in the
p.002015: corresponding budget.
p.002015: No public servant shall enter into office without taking an oath to comply and defend the Constitution and
p.002015: perform the duties incumbent on him.
p.002015: Before taking office, when withdrawing from it or when competent authority
p.002015: Of the Public Function
p.002015: (Articles 117-122)
p.002015: COLOMBIA POLITICAL CONSTITUTION 37
p.002015: Tender must declare, under oath, the amount of their assets and income.
p.002015: Such statement may only be used for the purposes and purposes of the application of the server rules
p.002015: public.
p.002015: Legislative Act 01 of 2009, article 4. The final paragraph of article 122 of the Political Constitution will read as follows:
p.002015: Without prejudice to the other sanctions established by law, they may not be registered as candidates for charges of
p.002015: popular election, neither elected, nor designated as public servants, nor celebrate personally, or by
p.002015: interposed person, contracted with the State, who have been convicted, at any time, for the commission of
p.002015: crimes that affect the assets of the State or those who have been convicted of crimes related to the
p.002015: membership, promotion or financing of illegal armed groups, crimes against humanity or drug trafficking in
p.002015: Colombia or abroad.
p.002015: Nor who has given rise, as public servants, with their malicious or seriously guilty behavior, thus qualified
p.002015: by an executory sentence, that the State be sentenced to a patrimonial reparation, unless it assumes its charge
p.002015: The value of the damage is inherited.
p.002015: Article 123. The members of public corporations, employees and public servants are public servants
p.002015: State workers and their territorially and services decentralized entities.
p.002015: Public servants are at the service of the State and of the community; will exercise their functions in the manner
p.002015: provided by the Constitution, the law and the regulations.
p.002015: The law shall determine the regime applicable to individuals who temporarily perform public functions and
p.002015: It will regulate your exercise.
p.002015: Article 124. The law shall determine the responsibility of public servants and how to make it effective.
p.002015: Article 125. Jobs in the organs and entities of the State are career. They are excepted
p.002015: those of popular election, those of free appointment and removal, those of official workers and the others that it determines
p.002015: the law.
p.002015: Officials, whose appointment system has not been determined by the Constitution or the law, will be appointed
p.002015: by public tender.
p.002015: The entry to the career positions and the promotion thereof, will be made prior to compliance with the requirements and
p.002015: conditions set by law to determine the merits and qualities of the applicants.
p.002015: The withdrawal will be made by unsatisfactory qualification in the performance of employment; for violation of the regime
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p.002015: number of notaries and registry offices.
p.002015: Of the Public Function
p.002015: (Articles 127-131)
p.002015: COLOMBIA POLITICAL CONSTITUTION 39
p.002015: TITLE VI
p.002015: OF THE LEGISLATIVE BRANCH
p.002015: CHAPTER 1
p.002015: OF COMPOSITION AND FUNCTIONS
p.002015: Article 132. Senators and representatives shall be elected for a period of four years, which begins on the 20th.
p.002015: July following the election.
p.002015: Article 133. Legislative Act 1 of 2009, article 5. Article 133 of the Political Constitution will read as follows:
p.002015: The members of collegiate bodies of direct election represent the people, and must act in consultation with the
p.002015: Justice and the common good. The vote of its members shall be nominal and public, except in cases determined by law.
p.002015: The elect is politically responsible to society and to its constituents for the fulfillment of obligations
p.002015: typical of his endowment.
p.002015: Article 134. Legislative Act 02 of 2015, article 4. Article 134 of the Political Constitution will read as follows:
p.002015: Members of the Public Corporations of popular election will not have substitutes. They can only be replaced in the
p.002015: cases of absolute or temporary absences determined by law, by non-elected candidates that according to the order of
p.002015: Registration or voting obtained, follow in succession and descending on the same electoral list.
p.002015: In no case may those who are convicted of common crimes related to membership be replaced,
p.002015: promotion or financing of illegal armed groups or drug trafficking activities; malicious against the administration
p.002015: public; against the mechanisms of democratic participation, not even for crimes against humanity. Nor who
p.002015: resigning having been formally linked in Colombia to criminal proceedings for the commission of such
p.002015: crimes, nor the temporary offenses of those against whom the arrest warrant was issued within the respective
p.002015: processes
p.002015: For the purposes of quorum formation, the total number of members of the
p.002015: Corporation with the exception of those seats that cannot be replaced. The same rule will apply in events
p.002015: of accepted incentives or challenges.
p.002015: If for absolute faults that do not result in replacement, the members of collegiate bodies elected in the same
p.002015: constituency are reduced by half or less, the National Electoral Council will convene
p.002015: elections to fill vacancies, as long as there are more than twenty-four (24) months until the end of the
p.002015: period.
p.002015: Transitional Paragraph While the legislator regulates the replacement regime, the following rules will apply: i)
p.002015: They constitute absolute faults that give rise to death replacement; absolute physical inability to exercise
p.002015: of the position; the declaration of nullity of the election; the waiver justified and accepted by the respective
p.002015: corporation; the disciplinary sanction consisting of dismissal, and the loss of investiture; ii) They constitute
p.002015: temporary offenses that give rise to replacement, maternity leave and the private insurance measure of the
p.002015: freedom for crimes other than those mentioned in this article.
p.002015: The prohibition of replacements shall apply for judicial investigations that were initiated as of the
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Searching for indicator unlawful:

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p.002015: who the applicant is in a state of subordination or helplessness.
p.002015: Article 87. Any person may go before the judicial authority to enforce compliance with a law or a
p.002015: administrative act If the action is continued, the judgment will order the reluctant authority to comply
p.002015: of duty omitted.
p.002015: Article 88. The law shall regulate popular actions for the protection of collective rights and interests,
p.002015: related to heritage, space, safety and public health, administrative morals, the
p.002015: environment, free economic competition and others of a similar nature that are defined in it.
p.002015: It will also regulate the actions originated in the damages caused to a plural number of people, without prejudice to
p.002015: the corresponding particular actions.
p.002015: Likewise, it will define the cases of objective civil responsibility for the damage inferred to the rights and interests
p.002015: collective
p.002015: Article 89. In addition to those enshrined in the preceding articles, the law shall establish the other resources,
p.002015: the actions, and the procedures necessary for them to advocate for the inte-
p.002015: On the Protection and Application of Rights
p.002015: (Articles 82-89)
p.002015: COLOMBIA POLITICAL CONSTITUTION 27
p.002015: The legal order, and for the protection of their individual, group or collective rights, against action
p.002015: or omission of public authorities.
p.002015: Article 90. The State shall respond patrimonially for the unlawful damages that may be attributed to it,
p.002015: caused by the action or omission of public authorities.
p.002015: In the event of being condemned the State to the patrimonial reparation of one of such damages, that has been
p.002015: as a result of the malicious or seriously guilty conduct of an agent of his, he must repeat against it.
p.002015: Article 91. In case of manifest violation of a constitutional provision to the detriment of any person, the
p.002015: superior mandate does not exempt the agent that executes it from responsibility.
p.002015: The military in service are exempted from this provision. Regarding them, the responsibility will fall
p.002015: only in the superior that gives the order.
p.002015: Article 92. Any natural or legal person may request from the competent authority the application of the
p.002015: criminal or disciplinary sanctions derived from the conduct of public authorities.
p.002015: Article 93. International treaties and conventions ratified by Congress, which recognize the
p.002015: human rights and that prohibit their
p.002015: limitation in the states of exception, prevail in the internal order.
p.002015: The rights and duties enshrined in this Charter shall be interpreted in accordance with the treaties.
p.002015: international human rights ratified by Colombia.
p.002015: Legislative act 02 of 2001, article 1. Add article 93 of the Political Constitution with the following
p.002015: text:
p.002015: The Colombian State can recognize the jurisdiction of the International Criminal Court in the terms set forth in
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Political / Indigenous

Searching for indicator indigenous:

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p.002015: Likewise, the State will devote special attention to the dependent or addicted patient and his family to strengthen it in
p.002015: values ​​and principles that contribute to prevent behaviors that affect the comprehensive health care of
p.002015: people and, consequently, of the community, and will permanently develop prevention campaigns
p.002015: against the use of drugs or narcotic substances and in favor of the recovery of addicts.
p.002015: Article 50. Every child under one year of age who is not covered by some type of protection or social security will have
p.002015: right to receive free care in all health institutions that receive contributions from the State. The law
p.002015: will regulate the matter.
p.002015: Article 51. All Colombians have the right to decent housing. The State will set the necessary conditions
p.002015: to enforce this right and promote social interest housing plans, adequate financing systems to
p.002015: long-term and associative ways of executing these housing programs.
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 49-51)
p.002015: 22 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 52. Legislative Act 02 of 2000, article 1. Article 52 of the Political Constitution of Colombia, shall remain
p.002015: So:
p.002015: The exercise of sport, its creative, competitive and indigenous manifestations have the function of
p.002015: Integral training of people, preserve and develop better health in humans.
p.002015: Sports and recreation are part of education and constitute public social spending.
p.002015: The right of all people to recreation, the practice of sport and the use of
p.002015: free time.
p.002015: The State will promote these activities and inspect, monitor and control sports organizations and
p.002015: recreational whose structure and property must be democratic.
p.002015: Article 53. The Congress will issue the labor statute. The corresponding law will take into account at least the
p.002015: following fundamental minimum principles:
p.002015: Equal opportunities for workers; minimum vital and mobile remuneration, proportional to the amount
p.002015: and quality of work; job stability; inalienability of the minimum benefits established in standards
p.002015: labor; powers to compromise and reconcile uncertain and debatable rights; most favorable situation
p.002015: to the worker in case of doubt in the application and interpretation of the formal sources of law; primacy of the
p.002015: reality about formalities established by the subjects of labor relations; security guarantee
p.002015: social, training, training and necessary rest; special protection for women, motherhood and
p.002015: to the minor worker.
p.002015: The State guarantees the right to timely payment and periodic readjustment of legal pensions.
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p.002015: 9. Contribute to the financing of the expenses and investments of the State within the concepts of justice and
p.002015: equity.
p.002015: TITLE III
p.002015: OF THE INHABITANTS AND THE TERRITORY
p.002015: CHAPTER 1
p.002015: OF THE NATIONALITY
p.002015: Article 96. Legislative Act 01 of 2002, article 1. Article 96 of the Political Constitution shall read as follows:
p.002015: They are Colombian nationals.
p.002015: 1. By birth:
p.002015: a) The natives of Colombia, that with one of two conditions: that the father or mother have been natural or
p.002015: Colombian nationals or that, being children of foreigners, any of their parents were domiciled in the
p.002015: Republic at the time of birth and;
p.002015: b) The children of a Colombian father or mother who were born in a foreign land and then will be certified in
p.002015: Colombian territory or register with a consular office of the Republic.
p.002015: 2. By adoption:
p.002015: a) Foreigners who request and obtain a naturalization card, in accordance with the law, which will establish the
p.002015: cases in which Colombian nationality is lost by adoption;
p.002015: b) Latin Americans and the Caribbean by birth domiciled in Colombia, who authorized
p.002015: The Government and, in accordance with the law and the principle of reciprocity, ask to be registered as Colombians before
p.002015: the municipality where they are established, and;
p.002015: c) The members of the indigenous peoples who share border territories, applying the principle of
p.002015: reciprocity according to public treaties.
p.002015: No Colombian by birth may be deprived of his nationality. The quality of Colombian national is not
p.002015: loses by acquiring another nationality. Nationals by adoption will not be obliged to give up their
p.002015: nationality of origin or adoption. Those who have renounced Colombian nationality may recover it with
p.002015: according to the law
p.002015: Article 97. The Colombian, although he has renounced the quality of national, acting against the interests of the country
p.002015: In foreign war against Colombia, he will be tried and punished as a traitor.
p.002015: Colombians by adoption and foreigners domiciled in Colombia may not be forced to take up arms
p.002015: against their country of origin; neither will Colombians nationalized in a foreign country, against the country of their
p.002015: New nationality
p.002015: Of the Inhabitants and the Territory
p.002015: (Articles 96-97)
p.002015: COLOMBIA POLITICAL CONSTITUTION 29
p.002015: EPISODE 2
p.002015: OF THE CITIZENSHIP
p.002015: Article 98. Citizenship is in fact lost when nationality has been renounced, and its
p.002015: Exercise may be suspended under judicial decision in cases determined by law.
p.002015: Those who have been suspended in the exercise of citizenship may request their rehabilitation.
p.002015: Paragraph. As long as the law does not decide another age, citizenship will be exercised from the age of eighteen.
p.002015: Article 99. The quality of citizen in exercise is a prerequisite and indispensable condition to exercise the right to
...

p.002015: concordant with the opinion of the Court. Once this procedure has been completed, the project will be sent to the Court for
p.002015: final ruling
p.002015: Article 168. If the President does not fulfill the duty to sanction the laws in the terms and according to the conditions that
p.002015: The Constitution establishes, will be sanctioned and promulgated by the President of Congress.
p.002015: Article 169. The title of the laws must correspond precisely to their content, and their text shall precede
p.002015: this formula:
p.002015: “The Congress of Colombia, DECREE”
p.002015: Article 170. A number of citizens equivalent to one tenth of the electoral roll may apply to the
p.002015: electoral organization the convening of a referendum for the repeal of a law.
p.002015: The law will be repealed if so determined by half plus one of the voters who attend the act of
p.002015: consultation, as long as a quarter of the citizens that make up the electoral roll participate.
p.002015: The referendum regarding the laws approving international treaties, nor the Law on
p.002015: Budget, nor those related to fiscal or tax matters.
p.002015: Of the Laws
p.002015: (Articles 165-170)
p.002015: 48 COLOMBIA POLITICAL CONSTITUTION
p.002015: CHAPTER 4
p.002015: OF THE SENATE OF THE REPUBLIC
p.002015: Article 171. The Senate of the Republic shall consist of one hundred members elected in a national constituency.
p.002015: There will be an additional number of two senators elected in a special national constituency by communities
p.002015: natives.
p.002015: Colombian citizens who are or reside abroad may vote in the Senate elections
p.002015: of the Republic.
p.002015: The Special Circumscription for the election of senators by the indigenous communities will be governed by the system of
p.002015: electoral quotient.
p.002015: The representatives of the indigenous communities who aspire to integrate the Senate of the Republic must have
p.002015: held a position of traditional authority in their respective community or having been a leader of an indigenous organization,
p.002015: quality to be accredited by the certificate of the respective organization, endorsed by the Minister of Government.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 172. To be elected senator, it is required to be a Colombian by birth, a practicing citizen and have more
p.002015: thirty years old on the date of the election.
p.002015: Article 173. The powers of the Senate are:
p.002015: 1. To admit or not the resignations that the President of the Republic or the Vice-president make of their jobs.
p.002015: 2. Approve or improper military promotions conferred by the Government, from general officers and
p.002015: insignia of the public force, to the highest degree.
p.002015: 3. Granting permission to the President of the Republic to temporarily separate from office, not
p.002015: in case of illness, and decide on the excuses of the Vice President to exercise the Presidency of the
p.002015: Republic.
p.002015: 4. Allow the transit of foreign troops through the territory of the Republic.
p.002015: 5. Authorize the Government to declare war on another nation.
p.002015: 6. To elect the judges of the Constitutional Court.
p.002015: 7. Choose the Attorney General of the Nation.
p.002015: Article 174. Legislative Act 02 of 2015, article 5. Article 174 of the Political Constitution will read as follows:
p.002015: It is the responsibility of the Senate to hear the accusations made by the House of Representatives against the President
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p.002015: the votes of the Senators present.
p.002015: CHAPTER 5
p.002015: OF THE CHAMBER OF REPRESENTATIVES
p.002015: Article 176. Legislative Act 1 of 2013, article 1. Article 176 of the Constitution will read as follows:
p.002015: The House of Representatives will be elected in territorial constituencies and special constituencies.
p.002015: Legislative Act 02 of 2015. Article 6. Amend subsections 2 and 4 of article 176 of the Constitution
p.002015: Policy, which will look like this:
p.002015: 2nd item
p.002015: Each department and the capital district of Bogotá will form a territorial constituency. There will be two
p.002015: representatives for each territorial circumscription and one more for every 365,000 inhabitants or greater fraction
p.002015: of 182,500 who have in excess of the first 365,000. The territorial circumscription conformed by the
p.002015: department of San Andrés, Providencia and Santa Catalina, will additionally elect one (1) Representative for the
p.002015: Root community of said department, in accordance with the law.
p.002015: For the election of Representatives to the Chamber, each department and the Capital District of Bogotá will form a
p.002015: territorial circumscription.
p.002015: Legislative Act 02 of 2015. Article 6. Amend subsections 2 and 4 of article 176 of the Constitution
p.002015: Policy, which will look like this:
p.002015: 4th subsection
p.002015: Special constituencies will ensure participation in the House of Representatives of the groups
p.002015: ethnic and Colombian
p.002015: residents abroad. Through these circumscriptions, four (4) Representatives will be elected, distributed as follows:
p.002015: two (2) for the circumscription of Afro-descendant communities, one (1) for the circumscription of
p.002015: indigenous communities, and one (1) for the international constituency. In the latter, only votes will be counted
p.002015: deposited outside the national territory by citizens residing abroad.
p.002015: Paragraph 1. As of 2014, the basis for the allocation of additional seats will be adjusted therein
p.002015: proportion of the growth of the national population, as determined by the census. It will correspond to the
p.002015: electoral organization adjust the figure for the allocation of seats.
p.002015: Paragraph 2. If, as a result of the application of the formula contained in this article, a constituency
p.002015: territorial loses one or more cu- rules, it will maintain the same ones that corresponded to July 20, 2002.
p.002015: Transitional Paragraph The Congress of the Republic shall regulate the international constituency no later than 16
p.002015: December 2013; otherwise, the national government will do it within thirty (30) days following
p.002015: That date. Said regulations will include, among other topics, the registration of candidates, and the registration of
p.002015: citizens qualified to vote abroad, the mechanisms to promote participation and realization
p.002015: of vote counting through consulates and embassies, and financing
p.002015: From the House of Representatives
p.002015: (Article 176)
p.002015: 50 COLOMBIA POLITICAL CONSTITUTION
p.002015: State for visits abroad by the elected representatives.
p.002015: Article 177. To be elected representative, you must be a practicing citizen and have more than
p.002015: twenty-five years old on the date of the election.
p.002015: Article 178. The House of Representatives will have the following special powers:
p.002015: 1. Choose the Ombudsman.
p.002015: 2. Examine and hold the general account of the budget and the treasury presented by the Comptroller General of the
p.002015: Republic.
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p.002015: 4. Ordinarily, the Court shall have the term of sixty days to decide, and the Attorney General of the Nation, of
p.002015: Thirty to render concept.
p.002015: 5. In the processes referred to in numeral 7 of the previous article, the ordinary terms shall be reduced to
p.002015: a third party and its breach is a cause of misconduct, which will be sanctioned according to the law.
p.002015: Article 243. The decisions issued by the Court in the exercise of jurisdictional control make transit to res judicata.
p.002015: constitutional.
p.002015: Constitutional Jurisdiction
p.002015: (Articles 242-243)
p.002015: POLITICAL CONSTITUTION COLOMBIA 67
p.002015: No authority may reproduce the material content of the legal act declared unenforceable for substantive reasons,
p.002015: while the provisions that served to make the confrontation between the norm remain in the Charter
p.002015: ordinary and the Constitution.
p.002015: Article 244. The Constitutional Court shall notify the President of the Republic or the President.
p.002015: of the Congress, as the case may be, the initiation of any process aimed at examining
p.002015: constitutionality of norms dictated by them. This communication will not delay the terms of the process.
p.002015: Article 245. The Government may not confer employment on the Judges of the Constitutional Court during the period of
p.002015: exercise of their functions or within the year following their retirement.
p.002015: CHAPTER 5
p.002015: OF THE SPECIAL JURISDICTIONS
p.002015: Article 246. The authorities of indigenous peoples may exercise jurisdictional functions within their scope
p.002015: territorial, in accordance with its own rules and procedures, provided they are not contrary to the Constitution and
p.002015: laws of the Republic. The law will establish the ways of coordinating this special jurisdiction with the system
p.002015: national judicial
p.002015: Article 247. The law may create justices of the peace responsible for resolving in equity individual conflicts and
p.002015: community You can also order are elected by popular vote.
p.002015: Article 248. Only the sentences granted in judicial sentences are definitively of the
p.002015: criminal and contradictory records in all legal orders.
p.002015: CHAPTER 6
p.002015: OF THE NATIONAL GENERAL TAX
p.002015: Article 249. The Office of the Attorney General of the Nation shall consist of the Attorney General, the delegated prosecutors.
p.002015: and other officials determined by law.
p.002015: The Attorney General of the Nation will be elected for a period of four years by the Supreme Court of Justice, from terna
p.002015: sent by the President of the Republic and cannot be reelected. You must meet the same qualities required to be
p.002015: Magistrate of the Supreme Court of Justice.
p.002015: The Attorney General's Office is part of the judicial branch and will have administrative and budgetary autonomy.
p.002015: Article 250. Legislative Act 03 of 2002, article 2. Article 250 of the Political Constitution will read as follows:
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p.002015: The rules on periods of mayors and municipal councilors of this legislative act shall also apply to
p.002015: of the Districts.
p.002015: Article 319. When two or more municipalities have economic, social and physical relations, which give the whole
p.002015: characteristics of a metropolitan area, may be organized as an administrative entity responsible for programming
p.002015: and coordinate the harmonious and integrated development of the common territory
p.002015: crazy under his authority; streamline the provision of public services by those who integrate it and, if
p.002015: it is the case, to lend some of them in common; and execute works of metropolitan interest.
p.002015: The territorial planning law will adopt an administrative and fiscal regime for metropolitan areas
p.002015: special character; ensure that the administrative bodies have adequate participation in the
p.002015: respective municipal authorities; and will indicate the way to convene and carry out the popular consultations that decide
p.002015: the linking of municipalities.
p.002015: Once the popular consultation has been completed, the respective mayors and municipal councils will protocolize the formation of the
p.002015: area and will define their powers, financing and authorities, in accordance with the law.
p.002015: Metropolitan areas may become Districts in accordance with the law.
p.002015: Article 320. The law may establish categories of municipalities according to their population, fiscal resources,
p.002015: economic importance and geographical situation, and point out different regime for its organization, government and
p.002015: administration.
p.002015: Article 321. Provinces are constituted with municipalities or surrounding indigenous territories,
p.002015: belonging to the same department.
p.002015: The law will dictate the basic statute and set the administrative regime of the provinces that may be organized
p.002015: for the fulfillment of the functions delegated to them by national or departmental entities and assigned to them by the
p.002015: law and the municipalities that integrate them.
p.002015: The provinces will be created by ordinance, at the initiative of the governor, of the mayors of the respective
p.002015: municipalities or the number of citizens determined by law.
p.002015: In order to enter an already established province, a popular consultation must be carried out in the municipalities
p.002015: interested.
p.002015: The department and municipalities will contribute to the provinces the percentage of their current income that
p.002015: determine the assembly and the respective councils.
p.002015: Of the Municipal Regime
p.002015: (Articles 318-321)
p.002015: COLOMBIA POLITICAL CONSTITUTION 89
p.002015: CHAPTER 4
p.002015: OF THE SPECIAL REGIME
p.002015: Article 322. Legislative Act 01 of 2000, article 1. Subparagraph 1 of article 322 of the Constitution
p.002015: Politics, it will look like this:
p.002015: Bogotá, capital of the Republic and the department of Cundinamarca, is organized as the Capital District.
p.002015: Its political, fiscal and administrative regime will be determined by the Constitution, the special laws that for the
p.002015: they are dictated and the provisions in force for the municipalities.
p.002015: Based on the general norms established by law, the council at the initiative of the mayor will divide the territory
p.002015: district in localities, according to the social characteristics of its inhabitants, and will do the
...

p.002015: Article 325. In order to guarantee the execution of integral development plans and programs and the provision
p.002015: timely and efficient of the services under its charge, under the conditions established by the Constitution and the law, the
p.002015: Distrito Capital may form a metropolitan area with the surrounding municipalities and a region with other
p.002015: territorial entities of a departmental nature.
p.002015: Article 326. The surrounding municipalities may join the Capital District if they so decide.
p.002015: Of the Special Regime
p.002015: (Articles 322-326)
p.002015: 90 COLOMBIA POLITICAL CONSTITUTION
p.002015: citizens who reside in them end by voting that will take place when the district council has
p.002015: Expressed your agreement with this link. If this occurs, the rules will be applied to the old municipality
p.002015: constitutional and legal valid for the other locations that make up the Capital District.
p.002015: Article 327. In the elections of Governor and deputies to the Departmental Assembly of Cundinamarca no
p.002015: citizens registered in the electoral district of the Capital District will participate.
p.002015: Article 328. Legislative Act 02 of 2007, article 2. Article 328 of the Political Constitution will read as follows:
p.002015: The Tourist and Cultural District of Cartagena de Indias, the Tourist, Cultural and Historical District of Santa Marta and
p.002015: Barranquilla will retain its regime and character, and Buenaventura and Tumaco is organized as a Special District,
p.002015: Industrial, Port, Biodiverse and Ecotourism.
p.002015: Article 329. The conformation of indigenous territorial entities shall be subject to the provisions of the Law.
p.002015: Organic Land Management, and its delimitation will be made by the national Government, with the participation of
p.002015: representatives of indigenous communities, prior concept of the Territorial Planning Commission.
p.002015: The reservations are collective ownership and not alienable.
p.002015: The law will define the relationships and coordination of these entities with those of which they are a part.
p.002015: Paragraph. In the case of an indigenous territory that includes the territory of two or more
p.002015: departments, its administration will be done by the indigenous councils in coordination with the governors of
p.002015: the respective departments. If this territory decides to become a territorial entity, it will be done
p.002015: with the fulfillment of the requirements established in subsection 1 of this article.
p.002015: Article 330. In accordance with the Constitution and laws, indigenous territories shall be governed by
p.002015: formed councils and regulations
p.002015: tados according to the uses and customs of their communities and will exercise the following functions:
p.002015: 1. Ensure the application of legal regulations on land use and settlement of their territories.
p.002015: 2. Design the policies and plans and programs of economic and social development within its
p.002015: territory, in harmony with the National Development Plan.
p.002015: 3. Promote public investments in their territories and ensure their proper execution.
p.002015: 4. Perceive and distribute your resources.
p.002015: 5. Ensure the preservation of natural resources.
p.002015: 6. Coordinate the programs and projects promoted by the different communities in their territory.
p.002015: 7. Collaborate with the maintenance of public order within its territory in accordance with the instructions and
p.002015: provisions of the national government.
p.002015: 8. Represent the territories before the national Government and the other entities to which they are integrated; Y
p.002015: 9. Those indicated by the Constitution and the law.
p.002015: Paragraph. The exploitation of natural resources in the indigenous territories will be done without detracting from the
p.002015: cultural, social and economic integrity of indigenous communities. In the decisions taken regarding
p.002015: such exploitation, the Government will encourage the participation of the representatives of the respective
p.002015: communities
p.002015: Article 331. Create the Regional Autonomous Corporation of the Rio Grande de la Magdalena responsible for the recovery
p.002015: of navigation, port activity, adaptation and conservation of land, generation and distribution
p.002015: of energy and the use and preservation of the environment, ichthyological resources and other natural resources
p.002015: renewable.
p.002015: The law will determine its organization and sources of financing, and define in favor of the riverside municipalities a
p.002015: special treatment in the allocation of royalties and their share of income
p.002015: currents of the nation.
p.002015: Of the Special Regime
p.002015: (Articles 327-331)
p.002015: POLITICAL CONSTITUTION COLOMBIA 91
p.002015: TITLE XII
p.002015: OF THE ECONOMIC AND PUBLIC FINANCE REGIME
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 332. The State owns the subsoil and non-renewable natural resources, without
p.002015: prejudice of the rights acquired and perfected in accordance with the pre-existing laws.
p.002015: Article 333. Economic activity and private initiative are free, within the limits of the common good. For
p.002015: its exercise, no one may require prior permits or requirements, without authorization of the law.
p.002015: Free economic competition is a right of all that involves responsibilities.
p.002015: The company, as the basis of development, has a social function that implies obligations. The State will strengthen the
p.002015: Solidarity organizations and will stimulate business development.
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p.002015: Paragraph. Six months after completion
p.002015: the fiscal year, the national government will send to the
p.002015: I pay the balance of the Treasury, audited by the Office of the Comptroller General of the Republic, for its knowledge and
p.002015: analysis.
p.002015: Article 355. None of the branches or organs of public power may decree aid or grants in favor of
p.002015: natural or legal persons under private law.
p.002015: The Government, at the national, departmental, district and municipal levels may, with resources from the respective
p.002015: budgets, enter into contracts with private non-profit entities and of recognized suitability in order to
p.002015: promote public interest programs and activities in accordance with the National Plan and the Sectional Plans of
p.002015: Developing. The national government will regulate the matter.
p.002015: CHAPTER 4
p.002015: OF THE DISTRIBUTION OF RESOURCES AND COMPETENCES
p.002015: Article 356. Legislative Act 01 of 2001, article 2. Article 356 of the Political Constitution will read as follows:
p.002015: Except as provided by the Constitution, the law, at the initiative of the Government, will set the services in charge of the nation and
p.002015: of departments, districts, and municipalities. In order to serve the services charged to them and to provide
p.002015: the resources to adequately finance its provision, the General Participation System of the
p.002015: departments, districts and municipalities.
p.002015: The districts will have the same powers as the municipalities and departments for the purposes of the
p.002015: distribution of the General Participation System established by law.
p.002015: For these purposes, indigenous territorial entities, once constituted, will be beneficiaries. Likewise, the
p.002015: law will establish as beneficiaries the indigenous reservations, as long as these have not been constituted
p.002015: indigenous territorial entity.
p.002015: Legislative Act 04 of 2007, article 1. Section 4 of article 356 of the Political Constitution
p.002015: it will look like this: The resources of the General Participation System of the departments, districts and municipalities will be
p.002015: will allocate to the financing of the services under their care, giving priority to the health service, the
p.002015: education, preschool, primary, secondary and middle school services, and home drinking water services
p.002015: and basic sanitation, guaranteeing the provision and expansion of coverage with an emphasis on the population
p.002015: poor.
p.002015: Taking into account the principles of solidarity, complementarity and subsidiarity, the law will indicate the cases in which
p.002015: which the nation may attend to the financing of the expenses in the services that are indicated by the law
p.002015: as of competence of the departments, districts and municipalities.
p.002015: The law will regulate the distribution criteria of the General Participation System of the departments,
p.002015: districts, and municipalities, in accordance with the competences assigned to each of these entities; Y
p.002015: it will contain the necessary provisions to put into operation the General Participation System of these,
p.002015: incorporating principles on distribution that take into account the following criteria:
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 354-356)
p.002015: COLOMBIA 97 POLITICAL CONSTITUTION
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p.001994: a law that recognizes black communities that have seen
p.001994: nest occupying wasteland in the rural riverside of the rivers of the Pacific Rim, according to their
p.001994: traditional production practices, the right to collective property over the areas to be demarcated
p.001994: same law
p.001994: In the special commission referred to in the preceding paragraph, elected representatives shall participate in each case.
p.001994: for the communities involved.
p.001994: Property thus recognized shall only be disposed of in the terms indicated by law.
p.001994: Transitory dispositions
p.001994: (Articles 49-55)
p.001994: 114 POLITICAL CONSTITUTION COLOMBIA
p.001994: The same law will establish mechanisms for the protection of cultural identity and the rights of these
p.001994: communities, and for the promotion of their economic and social development.
p.001994: Paragraph 1. The provisions of this article may apply to other areas of the country that have similar
p.001994: conditions, by the same procedure and previous study and favorable concept of the special commission provided here.
p.001994: Paragraph 2. If at the expiration of the term indicated in this article the Congress has not issued the law to the
p.001994: that he refers to, the Government will proceed to do so within the following six months, by means of a rule with force of
p.001994: law.
p.001994: Transitory article 56. While the law referred to in article 329 is issued, the Government may issue the
p.001994: necessary fiscal norms and others related to the operation of indigenous territories and their coordination
p.001994: with the other territorial entities.
p.001994: Transitional article 57. The Government shall form a commission composed of representatives of the Government, the
p.001994: trade unions, economic unions, political and social movements, peasants and workers
p.001994: informals, so that within a period of one hundred and eighty days from the entry into force of this Constitution,
p.001994: develop a proposal that develops social security standards.
p.001994: This proposal will serve as a basis for the Government to prepare the bills that on the subject must
p.001994: submit for consideration by Congress.
p.001994: Transitory article 58. Authorize the national government to ratify the treaties or conventions concluded that
p.001994: they would have been approved, at least, by one of the Houses of Congress of the Republic.
p.001994: Transitory Article 59. This Constitution and the other acts promulgated by this Assembly
p.001994: Constituent are not subject to any jurisdictional control.
p.001994: Transitory article 60. Legislative act 02 of 1993, article 1. Add the following transitional article to the
p.001994: Political Constitution of Colombia: For the purposes of the application of articles 346 and 355
p.001994: Constitutional and concordant norms, the National Development Plan for the years 1993 and 1994 and until when between
p.001994: in effect that approved by the Congress of the Republic, under the terms and conditions established in the current
p.001994: Political Constitution will be the one that corresponds to the annual laws of the Budget of Income and Appropriations of
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p.002015: The same law shall establish the powers, administrative bodies, and resources of the regions and their
p.002015: participation in the management of income from the National Royalties Fund. Likewise, it will define the
p.002015: principles for the adoption of the special status of each region.
p.002015: Article 308. The law may limit departmental appropriations destined to honorary deputies and to
p.002015: operating expenses of assemblies and departmental comptrollers.
p.002015: Article 309. The departments of Arauca, Casanare, Putumayo, the San Archipelago are erected in the department
p.002015: Andrés, Providencia and Santa Catalina, and the Amazonas, Guaviare, Guainía, Vaupés and Vichada police stations. The goods
p.002015: and rights that to any title belonged to the intentions and police stations will continue to be the property of
p.002015: the respective departments.
p.002015: Article 310. The Archipelago department of San Andrés, Providencia and Santa Catalina will be governed, in addition to
p.002015: the norms provided in the Constitution and the laws for the other departments, by the special norms
p.002015: that in administrative, immigration, fiscal, foreign trade, exchange, financial and promotion matters
p.002015: economic set the legislator.
p.002015: By law approved by the majority of the members of each chamber, the exercise of
p.002015: traffic and residence rights, establish population density controls, regulate the use of
p.002015: land and subject to special conditions the disposal of real estate in order to protect the
p.002015: cultural identity of native communities and preserve the environment and natural resources of the Archipelago.
p.002015: By creating the municipalities to which it takes place, the Departmental Assembly will guarantee the expression
p.002015: institutional of the rural communities of San Andrés. The municipality of Providencia will have income
p.002015: departmental a participation of not less than 20% of the total value of said income.
p.002015: CHAPTER 3
p.002015: OF THE MUNICIPAL REGIME
p.002015: Article 311. The municipality as the fundamental entity of the political-administrative division of the State shall
p.002015: it is appropriate to provide the public services determined by law, build the works that demand progress
p.002015: local, order the development of its territory, promote community participation, social and cultural improvement
p.002015: of its inhabitants and fulfill the other functions assigned by the Constitution and laws.
p.002015: Article 312. Legislative Act 01 of 2007, article 5. Article 312 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: In each municipality there will be a political-administrative corporation popularly chosen for a period-
p.002015: two of four (4) years to be called a municipal council, composed of not less than 7, nor more than 21 members as
p.002015: determine the law, according to the respective population. This corporation may exercise political control over the
p.002015: Municipal administration.
p.002015: The law will determine the qualities, disabilities, and incompatibilities of the councilors and the time of sessions
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Political / Prosecuted

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p.002015: in case of illness, and decide on the excuses of the Vice President to exercise the Presidency of the
p.002015: Republic.
p.002015: 4. Allow the transit of foreign troops through the territory of the Republic.
p.002015: 5. Authorize the Government to declare war on another nation.
p.002015: 6. To elect the judges of the Constitutional Court.
p.002015: 7. Choose the Attorney General of the Nation.
p.002015: Article 174. Legislative Act 02 of 2015, article 5. Article 174 of the Political Constitution will read as follows:
p.002015: It is the responsibility of the Senate to hear the accusations made by the House of Representatives against the President
p.002015: of the Republic or those who do their times and against the members of the Aforados Commission, even if they have ceased
p.002015: in the exercise of their positions. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: Article 175. In the trials that are followed before the Senate, these rules will be observed:
p.002015: The defendant is in fact suspended from his employment, provided that an accusation is publicly admitted.
p.002015: If the accusation refers to crimes committed in the exercise of functions, or to indignity for misconduct, the
p.002015: The Senate may not impose any other penalty than the dismissal of employment, or temporary deprivation or absolute loss of
p.002015: political rights; but the criminal will be prosecuted before the Court
p.002015: Of the Senate of the Republic
p.002015: (Articles 171-175)
p.002015: COLOMBIA POLITICAL CONSTITUTION 49
p.002015: Supreme Justice, if the facts constitute him responsible for infraction that deserves another penalty.
p.002015: 3. If the accusation refers to common crimes, the Senate will only declare whether or not there is room for monitoring
p.002015: cause and, if so, will make the defendant available to the Supreme Court.
p.002015: 4. The Senate may commit the instruction of the processes to a delegation of its own, reserving the
p.002015: trial and final judgment, which will be pronounced in public session, by at least two thirds of
p.002015: the votes of the Senators present.
p.002015: CHAPTER 5
p.002015: OF THE CHAMBER OF REPRESENTATIVES
p.002015: Article 176. Legislative Act 1 of 2013, article 1. Article 176 of the Constitution will read as follows:
p.002015: The House of Representatives will be elected in territorial constituencies and special constituencies.
p.002015: Legislative Act 02 of 2015. Article 6. Amend subsections 2 and 4 of article 176 of the Constitution
p.002015: Policy, which will look like this:
p.002015: 2nd item
p.002015: Each department and the capital district of Bogotá will form a territorial constituency. There will be two
p.002015: representatives for each territorial circumscription and one more for every 365,000 inhabitants or greater fraction
p.002015: of 182,500 who have in excess of the first 365,000. The territorial circumscription conformed by the
p.002015: department of San Andrés, Providencia and Santa Catalina, will additionally elect one (1) Representative for the
p.002015: Root community of said department, in accordance with the law.
...

p.002015: held the Presidency. This prohibition does not cover the Vice President when he has exercised it for less than three months,
p.002015: continuously or discontinuously, during the four year period. The prohibition of re-election may only be
p.002015: reinforced or repealed by referendum of popular initiative or constituent assembly.
p.002015: The President of the Republic or Vice President who has incurred in any of the causes of
p.002015: inability enshrined in numerals 1, 4 and 7 of article 179, nor the citizen that one year before the election
p.002015: has had the investiture of Vice President or held any of the following positions:
p.002015: Minister, Director of the Administrative Department, Magistrate of the Supreme Court of Justice, of the Court
p.002015: Constitutional, of the Council of State, National Commission of Judicial Discipline, Member of the Commission of Aforados or
p.002015: of the National Electoral Council, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic, Attorney General of the Nation, National Registrar of the Civil State, Commanders of the Forces
p.002015: Military, General Auditor of the Republic, General Director of the Police, Department Governor or Mayor.
p.002015: Article 198. The President of the Republic, or whoever acts as such, will be responsible for his acts or omissions that
p.002015: violate the Constitution or laws.
p.002015: Article 199. The President of the Republic, during the period for which he is elected, or who is in charge of
p.002015: the Presidency may not be prosecuted or prosecuted for crimes, except by accusation of the Chamber of
p.002015: Representatives and when the Senate has declared that there is room for case formation.
p.002015: Of the Executive Branch, of the President of the Republic (Articles
p.002015: 193-199)
p.002015: COLOMBIA POLITICAL CONSTITUTION 57
p.002015: CHAPTER 2 OF THE GOVERNMENT
p.002015: Article 200. It corresponds to the Government, in relation to the Congress:
p.002015: 1. Attend the formation of laws, presenting projects through the ministers, exercising the
p.002015: right to object to them and fulfilling the duty to punish them in accordance with the Constitution.
p.002015: 2. Convene extraordinary sessions.
p.002015: 3. Present the national development and public investment plan, in accordance with the provisions of article 150.
p.002015: 4. Send the draft income and expense budget to the House of Representatives.
p.002015: 5. Submit to the Chambers the reports they request on businesses that do not require a reservation.
p.002015: 6. Provide effective support to the Chambers when they request it, making available to the public force,
p.002015: If necessary.
p.002015: Article 201. It corresponds to the Government, in relation to the Judicial Branch:
p.002015: 1. Provide judicial officials, in accordance with the laws, with the necessary assistance to enforce their
p.002015: providences
p.002015: 2. Grant pardons for political crimes, in accordance with the law, and inform Congress of the exercise of
p.002015: This faculty In no case may these pardons understand the responsibility of the
p.002015: favored with respect to individuals.
p.002015: CHAPTER 3
p.002015: OF THE VICE PRESIDENT
p.002015: Article 202. The Vice President of the Republic shall be elected by popular vote on the same day and on the same day.
...

p.002015: normal. Congress may, at any time, reform or repeal them.
p.002015: those with the favorable vote of two thirds of the members of both houses.
p.002015: Article 213. In the event of a serious disturbance of public order that immediately threatens stability
p.002015: institutional, state security, or citizen coexistence, and that cannot be conjured by the use of
p.002015: the ordinary powers of the Police authorities, the President of the Republic, with the signature of all
p.002015: Ministers may declare the State of Internal Commotion, throughout the Republic or part of it, for a term not greater than
p.002015: of ninety days, extendable for up to two equal periods, the second of which requires prior concept and
p.002015: favorable of the Senate of the Republic.
p.002015: By such declaration, the Government will have the powers strictly necessary to conjure the causes of the
p.002015: disturbance and prevent the spread of its effects.
p.002015: Legislative decrees issued by the Government may suspend laws incompatible with the State of
p.002015: Commotion and will cease to govern as soon as public order is declared restored.
p.002015: Of the States of Exception
p.002015: (Articles 210-213)
p.002015: 60 COLOMBIA POLITICAL CONSTITUTION
p.002015: The Government may extend its validity for up to ninety more days.
p.002015: Within three days following the declaration or extension of the State of Concussion, the Congress shall meet by
p.002015: own right, with the fullness of its constitutional and legal powers. The President will pass
p.002015: immediately a reasoned report on the reasons that determined the statement.
p.002015: In no case may civilians be investigated or prosecuted by military criminal justice.
p.002015: Article 214. The States of Exception referred to in the preceding articles shall be subject to the following
p.002015: provisions:
p.002015: 1. Legislative decrees shall be signed by the President of the Republic and all his ministers and may only
p.002015: refer to subjects that have a direct and specific relationship with the situation determined by the
p.002015: Declaration of the State of Exception.
p.002015: 2. Human rights and fundamental freedoms may not be suspended. In any case the rules will be respected
p.002015: of International Humanitarian Law. A statutory law will regulate the powers of the Government during the states
p.002015: of exception and shall establish judicial controls and guarantees to protect rights, in accordance with
p.002015: international treaties The measures adopted must be proportionate to the seriousness of the facts.
p.002015: 3. The normal functioning of the branches of public power or the organs of the State shall not be interrupted.
p.002015: 4. As soon as the external war or the causes that gave rise to the State of Internal Commotion have ceased,
p.002015: The Government shall declare the public order restored and shall raise the State of Exception.
p.002015: 5. The President and the ministers will be responsible when they declare the states of exception without having
p.002015: happened the cases of foreign war or of
p.002015: interior commotion, and they will be also, like the other officials, for any abuse they may have
p.002015: committed in the exercise of the powers referred to in the preceding articles.
...

Political / Refugee Status

Searching for indicator asylum:

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p.002015: The superior cannot aggravate the penalty imposed when the convicted person is the sole appellant.
p.002015: Article 32. The offender caught in flagrancy may be apprehended and brought before the judge by any
p.002015: person. If the authorities of the authority persecute him and take refuge in his own domicile, they may enter it,
p.002015: for the act of apprehension; if it is hosted by another person, it must precede the resident's requirement.
p.002015: Article 33. No one may be compelled to testify against himself or his spouse, permanent partner or
p.002015: relatives within the fourth degree of consanguinity, second of affinity or first civil.
p.002015: Article 34. Discrimination penalties are prohibited.
p.002015: Rro, life imprisonment and confiscation.
p.002015: However, by judicial decision, the domain of the assets acquired by means of
p.002015: illicit enrichment, to the detriment of the public treasury or with serious deterioration of social morals.
p.002015: Article 35. Legislative Act No. 01 of 1997, article 1. Article 35 of the Political Constitution will read as follows:
p.002015: Extradition may be requested, granted or offered in accordance with public treaties and, failing that, with the
p.002015: law.
p.002015: In addition, the extradition of Colombians by birth will be granted for crimes committed abroad,
p.002015: considered as such in the Colombian criminal legislation.
p.002015: Extradition shall not apply for political crimes.
p.002015: Extradition shall not proceed in the case of facts committed prior to the promulgation of this.
p.002015: rule.
p.002015: Article 36. The right of asylum is recognized in the terms provided by law.
p.002015: Article 37. Every part of the people can meet and demonstrate publicly and peacefully. Only the law can
p.002015: expressly establish the cases in which the exercise of this right may be limited.
p.002015: Article 38. The right of free association is guaranteed for the development of the different activities that the
p.002015: People perform in society.
p.002015: Article 39. Workers and employers have the right to form unions or associations, without intervention
p.002015: of the State. Its legal recognition will occur with the simple registration of the charter.
p.002015: The internal structure and functioning of trade unions and social and trade organizations will be subject to the
p.002015: legal order and democratic principles.
p.002015: The cancellation or suspension of legal status only proceed by judicial means.
p.002015: Trade union representatives are recognized the jurisdiction and other guarantees necessary for the fulfillment of their
p.002015: management.
p.002015: Members of the Public Force do not enjoy the right to unionize.
p.002015: Article 40. Every citizen has the right to participate in the formation, exercise and control of political power.
p.002015: To realize this right, you can:
p.002015: 1. Choose and be chosen.
p.002015: 2. Take part in elections, referendums, referendums, popular consultations and other forms of participation
p.002015: Democratic
p.002015: 3. Establish political parties, movements and groups without any limitation; be part of them
p.002015: freely and spread your ideas and programs.
p.002015: 4. Revoke the mandate of the elect in cases and in the manner established by the Constitution and the law.
p.002015: On the Rights, Guarantees and Duties
...

Political / criminal

Searching for indicator criminal:

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p.002015: Article 26. Everyone is free to choose a profession or trade. The law may require certificates of competence. The
p.002015: Competent authorities will inspect and monitor the practice of professions. Occupations, arts and
p.002015: trades that do not require academic training are free exercise, except those that involve a risk
p.002015: Social.
p.002015: Legally recognized professions can be organized in schools. The internal structure and operation of
p.002015: These must be democratic. The law may assign public functions and establish proper controls.
p.002015: Article 27. The State guarantees the freedoms of teaching, learning, research and professorship.
p.002015: Article 28. Everyone is free. No one can be disturbed in your person or family, nor reduced to
p.002015: imprisonment or arrest, neither detained, nor his registered address, but by virtue of a written order of
p.002015: competent judicial authority, with legal formalities and for a reason previously defined in the law.
p.002015: The person detained preventively will be made available to the competent judge within thirty-three
p.002015: six hours later, for this to adopt the corresponding decision in the term established by law.
p.002015: In no case may there be detention, imprisonment or arrest for debts, nor penalties and security measures
p.002015: imprescriptibles
p.002015: Article 29. Due process shall apply to all kinds of judicial and administrative proceedings.
p.002015: No one may be tried except in accordance with laws preexisting the act that is imputed to him, before a competent judge or tribunal and
p.002015: with observance of the fullness of the forms specific to each trial.
p.002015: In criminal matters, permissive or favorable law, even if it is later, will apply in preference to the
p.002015: restrictive or unfavorable.
p.002015: Every person is presumed innocent until he has been convicted. Whoever
p.002015: The union is entitled to the defense and assistance of a lawyer chosen by him, or ex officio, during the
p.002015: investigation and prosecution; to due public process without undue delay; to present evidence and to
p.002015: to dispute those that come against him; to challenge the conviction, and not to be tried twice for
p.002015: The same fact.
p.002015: The evidence obtained in violation of due process is null and void.
p.002015: Article 30. Whoever was deprived of his freedom, and believed to be illegally, has the right to invoke before
p.002015: any judicial authority, at all times, by itself or by an interposed person, the habeas
p.002015: On the Rights, Guarantees and Duties
p.002015: (Articles 20-30)
p.002015: COLOMBIA POLITICAL CONSTITUTION 17
p.002015: corpus, which must be resolved within thirty-six hours.
p.002015: Article 31. Any judicial sentence may be appealed or consulted, except for the exceptions established by law.
p.002015: The superior cannot aggravate the penalty imposed when the convicted person is the sole appellant.
p.002015: Article 32. The offender caught in flagrancy may be apprehended and brought before the judge by any
p.002015: person. If the authorities of the authority persecute him and take refuge in his own domicile, they may enter it,
p.002015: for the act of apprehension; if it is hosted by another person, it must precede the resident's requirement.
p.002015: Article 33. No one may be compelled to testify against himself or his spouse, permanent partner or
p.002015: relatives within the fourth degree of consanguinity, second of affinity or first civil.
p.002015: Article 34. Discrimination penalties are prohibited.
p.002015: Rro, life imprisonment and confiscation.
p.002015: However, by judicial decision, the domain of the assets acquired by means of
p.002015: illicit enrichment, to the detriment of the public treasury or with serious deterioration of social morals.
p.002015: Article 35. Legislative Act No. 01 of 1997, article 1. Article 35 of the Political Constitution will read as follows:
p.002015: Extradition may be requested, granted or offered in accordance with public treaties and, failing that, with the
p.002015: law.
p.002015: In addition, the extradition of Colombians by birth will be granted for crimes committed abroad,
p.002015: considered as such in the Colombian criminal legislation.
p.002015: Extradition shall not apply for political crimes.
p.002015: Extradition shall not proceed in the case of facts committed prior to the promulgation of this.
p.002015: rule.
p.002015: Article 36. The right of asylum is recognized in the terms provided by law.
p.002015: Article 37. Every part of the people can meet and demonstrate publicly and peacefully. Only the law can
p.002015: expressly establish the cases in which the exercise of this right may be limited.
p.002015: Article 38. The right of free association is guaranteed for the development of the different activities that the
p.002015: People perform in society.
p.002015: Article 39. Workers and employers have the right to form unions or associations, without intervention
p.002015: of the State. Its legal recognition will occur with the simple registration of the charter.
p.002015: The internal structure and functioning of trade unions and social and trade organizations will be subject to the
p.002015: legal order and democratic principles.
p.002015: The cancellation or suspension of legal status only proceed by judicial means.
p.002015: Trade union representatives are recognized the jurisdiction and other guarantees necessary for the fulfillment of their
p.002015: management.
p.002015: Members of the Public Force do not enjoy the right to unionize.
p.002015: Article 40. Every citizen has the right to participate in the formation, exercise and control of political power.
p.002015: To realize this right, you can:
p.002015: 1. Choose and be chosen.
p.002015: 2. Take part in elections, referendums, referendums, popular consultations and other forms of participation
p.002015: Democratic
...

p.002015: collective
p.002015: Article 89. In addition to those enshrined in the preceding articles, the law shall establish the other resources,
p.002015: the actions, and the procedures necessary for them to advocate for the inte-
p.002015: On the Protection and Application of Rights
p.002015: (Articles 82-89)
p.002015: COLOMBIA POLITICAL CONSTITUTION 27
p.002015: The legal order, and for the protection of their individual, group or collective rights, against action
p.002015: or omission of public authorities.
p.002015: Article 90. The State shall respond patrimonially for the unlawful damages that may be attributed to it,
p.002015: caused by the action or omission of public authorities.
p.002015: In the event of being condemned the State to the patrimonial reparation of one of such damages, that has been
p.002015: as a result of the malicious or seriously guilty conduct of an agent of his, he must repeat against it.
p.002015: Article 91. In case of manifest violation of a constitutional provision to the detriment of any person, the
p.002015: superior mandate does not exempt the agent that executes it from responsibility.
p.002015: The military in service are exempted from this provision. Regarding them, the responsibility will fall
p.002015: only in the superior that gives the order.
p.002015: Article 92. Any natural or legal person may request from the competent authority the application of the
p.002015: criminal or disciplinary sanctions derived from the conduct of public authorities.
p.002015: Article 93. International treaties and conventions ratified by Congress, which recognize the
p.002015: human rights and that prohibit their
p.002015: limitation in the states of exception, prevail in the internal order.
p.002015: The rights and duties enshrined in this Charter shall be interpreted in accordance with the treaties.
p.002015: international human rights ratified by Colombia.
p.002015: Legislative act 02 of 2001, article 1. Add article 93 of the Political Constitution with the following
p.002015: text:
p.002015: The Colombian State can recognize the jurisdiction of the International Criminal Court in the terms set forth in
p.002015: the Rome Statute adopted on July 17, 1998 by the United Nations Plenary Conference and,
p.002015: consequently, ratify this treaty in accordance with the procedure established in this Constitution.
p.002015: The admission of a different treatment in substantial matters by the Rome Statute with respect to the
p.002015: guarantees contained in the Constitution will have effects exclusively within the scope of the regulated matter
p.002015: in the.
p.002015: Article 94. The enunciation of the rights and guarantees contained in the Constitution and in the agreements
p.002015: international standards, should not be understood as denial of others who, being inherent in the human person, do not
p.002015: expressly appear on them.
p.002015: CHAPTER 5
p.002015: OF DUTIES AND OBLIGATIONS
p.002015: Article 95. The quality of Colombian exalts all members of the national community. Everyone is in duty
p.002015: to enlarge and dignify it. The exercise of the rights and freedoms recognized in this Constitution implies
p.002015: responsibilities
p.002015: Every person is obliged to comply with the Constitution and the laws.
p.002015: The duties of the person and the citizen are:
p.002015: 1. Respect the rights of others and not abuse their own;
p.002015: 2. Work according to the principle of social solidarity, responding with humanitarian actions to situations that
p.002015: endanger the life or health of people;
p.002015: 3. Respect and support the legitimately constituted democratic authorities to maintain independence and
p.002015: national integrity
p.002015: 4. Defend and disseminate human rights
p.002015: as the foundation of peaceful coexistence;
p.002015: Of the Duties and Obligations
p.002015: (Articles 90-95)
p.002015: 28 COLOMBIA POLITICAL CONSTITUTION
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p.002015: politician about government and administration.
p.002015: The Congress of the Republic will be composed of the Senate and the House of Representatives.
p.002015: Article 115. The President of the Republic is Head of State, Head of Government and supreme administrative authority.
p.002015: The national government is made up of the President of the Republic, the ministers of the office and the directors of
p.002015: administrative departments The President and the corresponding minister or department director, in each business
p.002015: In particular, they constitute the Government.
p.002015: No act of the President, except the appointment and removal of ministers and department directors
p.002015: administrative officers and those issued as Head of State and supreme administrative authority, shall have
p.002015: value or force whatsoever while not signed and communicated by the Minister of the respective branch or by the
p.002015: Director of the corresponding Administrative Department, who, for the same fact, are responsible.
p.002015: Governments and mayors, as well as superintendencies, public establishments and companies
p.002015: industrial or commercial State, are part of the Executive Branch.
p.002015: Article 116. Legislative Act 03 of 2002, article 1. Article 116 of the Constitution will read as follows:
p.002015: The Constitutional Court, the Supreme Court of Justice, the State Council, * National Disciplinary Commission, the
p.002015: Attorney General's Office, the Courts and Judges, administer justice. So does Criminal Justice
p.002015: Military.
p.002015: * Legislative Act 02 of 2015 Article 26. Agreements, validities and derogations. Replace the expression
p.002015: “Superior Council of the Judiciary” by the “National Judicial Discipline Commission” in article 116 of the
p.002015: Political constitution.
p.002015: The Congress will exercise certain judicial functions.
p.002015: Exceptionally, the law may assign jurisdictional function in specific matters to certain authorities
p.002015: administrative However, they will not be allowed to advance summary instruction or prosecute crimes.
p.002015: Individuals may be temporarily invested in the function of administering justice in the condition
p.002015: of jurors in criminal cases, conciliators or arbitrators authorized by the parties to utter
p.002015: judgments in law or equity, in the terms determined by law.
p.002015: Legislative Act 02 of 2012, article 1. Add article 116 of the Political Constitution with the following
p.002015: subsections:
p.002015: From the State Organization
p.002015: (Articles 113-116)
p.002015: 36 POLITICAL CONSTITUTION COLOMBIA
p.002015: Create a Court of Criminal Guarantees that will have jurisdiction throughout the national territory and in
p.002015: any criminal jurisdiction, and will exercise the following functions:
p.002015: Preferably, serve as judge of control of guarantees in any investigation or criminal proceeding that is carried out
p.002015: against members of the Public Force.
p.002015: Preferably, control the criminal charge against members of the Public Force, in order to guarantee
p.002015: that the material and formal budgets to start the oral trial are met.
p.002015: Permanently resolve the conflicts of competence that occur between the Ordinary Jurisdiction and the
p.002015: Military Criminal Jurisdiction
p.002015: Other functions assigned by law.
p.002015: The Court of Guarantees will consist of eight (8) magistrates, four (4) of whom will be members of
p.002015: the Public Force in retirement. Its members will be elected by the Government Chamber of the Supreme Court of Justice, the
p.002015: Board of Governors of the State Council and the full Constitutional Court. The members of the Public Force
p.002015: in withdrawal from this Court, they will be elected from four (4) three to be sent by the President of the Republic.
p.002015: A statutory law will establish the requisites required to be a magistrate, the disability regime and
p.002015: incompatibilities, the candidate nomination mechanism, the procedure for their selection and others
p.002015: organizational and operational aspects of the Criminal Guarantees Court.
p.002015: Transitional Paragraph The Court of Criminal Guarantees will begin to exercise functions assigned in this article,
p.002015: once the statutory law that regulates it comes into force. Inexequible C-740/2013.
p.002015: Article 117. The Public Ministry and the Office of the Comptroller General of the Republic are control bodies.
p.002015: Article 118. The Public Ministry shall be exercised by the Attorney General of the Nation, by the Ombudsman
p.002015: of the People, by the appointed attorneys and the agents of the public ministry, before the authorities
p.002015: jurisdictional, by municipal officials and by other officials determined by law. To the Ministry
p.002015: Public corresponds the guard and promotion of human rights, the protection of the public interest and the surveillance of
p.002015: the official conduct of those who perform public functions.
p.002015: Article 119. The Office of the Comptroller General of the Republic is responsible for monitoring fiscal management and the
p.002015: management result control.
p.002015: Article 120. The electoral organization is formed by the National Electoral Council, by the Registrar
p.002015: National Civil Status and by other agencies established by law. He is responsible for organizing the
p.002015: elections, their direction and vigilance, as well as those related to the identity of people.
p.002015: Article 121. No authority of the State may exercise functions other than those attributed to it by the Constitution.
p.002015: And the law.
p.002015: EPISODE 2
p.002015: OF PUBLIC FUNCTION
p.002015: Article 122. There will be no public employment that does not have functions detailed in law or regulation, and to provide those of
...

p.002015: Article 132. Senators and representatives shall be elected for a period of four years, which begins on the 20th.
p.002015: July following the election.
p.002015: Article 133. Legislative Act 1 of 2009, article 5. Article 133 of the Political Constitution will read as follows:
p.002015: The members of collegiate bodies of direct election represent the people, and must act in consultation with the
p.002015: Justice and the common good. The vote of its members shall be nominal and public, except in cases determined by law.
p.002015: The elect is politically responsible to society and to its constituents for the fulfillment of obligations
p.002015: typical of his endowment.
p.002015: Article 134. Legislative Act 02 of 2015, article 4. Article 134 of the Political Constitution will read as follows:
p.002015: Members of the Public Corporations of popular election will not have substitutes. They can only be replaced in the
p.002015: cases of absolute or temporary absences determined by law, by non-elected candidates that according to the order of
p.002015: Registration or voting obtained, follow in succession and descending on the same electoral list.
p.002015: In no case may those who are convicted of common crimes related to membership be replaced,
p.002015: promotion or financing of illegal armed groups or drug trafficking activities; malicious against the administration
p.002015: public; against the mechanisms of democratic participation, not even for crimes against humanity. Nor who
p.002015: resigning having been formally linked in Colombia to criminal proceedings for the commission of such
p.002015: crimes, nor the temporary offenses of those against whom the arrest warrant was issued within the respective
p.002015: processes
p.002015: For the purposes of quorum formation, the total number of members of the
p.002015: Corporation with the exception of those seats that cannot be replaced. The same rule will apply in events
p.002015: of accepted incentives or challenges.
p.002015: If for absolute faults that do not result in replacement, the members of collegiate bodies elected in the same
p.002015: constituency are reduced by half or less, the National Electoral Council will convene
p.002015: elections to fill vacancies, as long as there are more than twenty-four (24) months until the end of the
p.002015: period.
p.002015: Transitional Paragraph While the legislator regulates the replacement regime, the following rules will apply: i)
p.002015: They constitute absolute faults that give rise to death replacement; absolute physical inability to exercise
p.002015: of the position; the declaration of nullity of the election; the waiver justified and accepted by the respective
p.002015: corporation; the disciplinary sanction consisting of dismissal, and the loss of investiture; ii) They constitute
p.002015: temporary offenses that give rise to replacement, maternity leave and the private insurance measure of the
p.002015: freedom for crimes other than those mentioned in this article.
p.002015: The prohibition of replacements shall apply for judicial investigations that were initiated as of the
p.002015: validity of Legislative Act number 01 of 2009, with the exception of the one related to the commission of crimes against
p.002015: public administration that will be applied for investigations initiated as of the validity of the
p.002015: present legislative act
p.002015: Of the Composition and Functions
p.002015: (Articles 132-134)
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p.002015: 1. To interfere, through resolutions or laws, in matters of exclusive competence of other authorities.
p.002015: 2. Demand from the Government information on diplomatic instructions or on negotiations of a character
p.002015: reserved.
p.002015: 3. Give applause votes to official acts.
p.002015: 4. Decree in favor of individuals or entities donations, gratuities, aid, compensation, pensions
p.002015: or other expenditures that are not intended to satisfy credits or rights recognized under the law
p.002015: preexisting.
p.002015: 5. Decree acts of proscription or persecution against natural or legal persons.
p.002015: Of the Composition and Functions
p.002015: (Articles 135-136)
p.002015: COLOMBIA POLITICAL CONSTITUTION 41
p.002015: 6. Authorize trips abroad with money from the territory, except in compliance with specific missions, approved by the
p.002015: least by three quarters of the members of the respective Chamber.
p.002015: Article 137. Any permanent commission may summon any natural or legal person, so that in session
p.002015: special oral or written statements, which may be required under oath, on related facts
p.002015: directly with the inquiries that the commission made.
p.002015: If those who have been summoned excuse themselves from attending and the commission insists on calling them, the Court
p.002015: Constitutional, after hearing them, will resolve on the matter within ten days, under strict reservation.
p.002015: The reluctance of the aforementioned to appear or to render the required declarations will be sanctioned by the commission with
p.002015: the penalty indicated by the regulations in force for cases of contempt of law enforcement.
p.002015: If in the development of the investigation it is required, for its improvement, or for the pursuit of possible
p.002015: criminal offenders, the intervention of other authorities, will be urged for the relevant.
p.002015: EPISODE 2
p.002015: OF THE MEETING AND THE OPERATION
p.002015: Article 138. The Congress, by its own right, shall meet in ordinary sessions, for two periods per year, which
p.002015: they will constitute a single legislature. The first session will begin on July 20 and end on the 16th of
p.002015: December; the second on March 16 and will end on June 20.
p.002015: If for any reason you cannot meet on the indicated dates, you will do so as soon as possible, within
p.002015: the respective periods.
p.002015: The Congress will also meet in extraordinary sessions, by convocation of the Government and during the
p.002015: time this indicates.
p.002015: In the course of them, it may only deal with matters that the Government submits for its consideration, without prejudice to
p.002015: the function of political control that is proper to him, which he can exercise at all times.
p.002015: Article 139. The sessions of the Congress will be installed and closed jointly and publicly by the President
p.002015: of the Republic, without this ceremony, in the first event, being essential for Congress to exercise
p.002015: legitimately its functions.
p.002015: Article 140. The Congress is based in the capital of the Republic.
p.002015: The cameras may by agreement between them move their headquarters to another place and, in case of disturbance of the order
p.002015: public, may meet at the site designated by the President of the Senate.
p.002015: Article 141. The Congress will meet in one body only for the installation and closing of its
p.002015: sessions, to give possession to the President of the Republic, to receive Heads of State or Government from others
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p.002015: 3. Granting permission to the President of the Republic to temporarily separate from office, not
p.002015: in case of illness, and decide on the excuses of the Vice President to exercise the Presidency of the
p.002015: Republic.
p.002015: 4. Allow the transit of foreign troops through the territory of the Republic.
p.002015: 5. Authorize the Government to declare war on another nation.
p.002015: 6. To elect the judges of the Constitutional Court.
p.002015: 7. Choose the Attorney General of the Nation.
p.002015: Article 174. Legislative Act 02 of 2015, article 5. Article 174 of the Political Constitution will read as follows:
p.002015: It is the responsibility of the Senate to hear the accusations made by the House of Representatives against the President
p.002015: of the Republic or those who do their times and against the members of the Aforados Commission, even if they have ceased
p.002015: in the exercise of their positions. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: Article 175. In the trials that are followed before the Senate, these rules will be observed:
p.002015: The defendant is in fact suspended from his employment, provided that an accusation is publicly admitted.
p.002015: If the accusation refers to crimes committed in the exercise of functions, or to indignity for misconduct, the
p.002015: The Senate may not impose any other penalty than the dismissal of employment, or temporary deprivation or absolute loss of
p.002015: political rights; but the criminal will be prosecuted before the Court
p.002015: Of the Senate of the Republic
p.002015: (Articles 171-175)
p.002015: COLOMBIA POLITICAL CONSTITUTION 49
p.002015: Supreme Justice, if the facts constitute him responsible for infraction that deserves another penalty.
p.002015: 3. If the accusation refers to common crimes, the Senate will only declare whether or not there is room for monitoring
p.002015: cause and, if so, will make the defendant available to the Supreme Court.
p.002015: 4. The Senate may commit the instruction of the processes to a delegation of its own, reserving the
p.002015: trial and final judgment, which will be pronounced in public session, by at least two thirds of
p.002015: the votes of the Senators present.
p.002015: CHAPTER 5
p.002015: OF THE CHAMBER OF REPRESENTATIVES
p.002015: Article 176. Legislative Act 1 of 2013, article 1. Article 176 of the Constitution will read as follows:
p.002015: The House of Representatives will be elected in territorial constituencies and special constituencies.
p.002015: Legislative Act 02 of 2015. Article 6. Amend subsections 2 and 4 of article 176 of the Constitution
p.002015: Policy, which will look like this:
p.002015: 2nd item
p.002015: Each department and the capital district of Bogotá will form a territorial constituency. There will be two
p.002015: representatives for each territorial circumscription and one more for every 365,000 inhabitants or greater fraction
p.002015: of 182,500 who have in excess of the first 365,000. The territorial circumscription conformed by the
p.002015: department of San Andrés, Providencia and Santa Catalina, will additionally elect one (1) Representative for the
p.002015: Root community of said department, in accordance with the law.
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p.002015: Policy will remain as follows: Charge before the Senate, upon request of the * Commission of Investigation and Accusation of the Chamber
p.002015: of Representatives, when there are constitutional causes, to the President of the Republic or to those who make their
p.002015: times and to the Members of the Commission of Aforados.
p.002015: * Legislative Act 02 of 2015 Article 26. Agreements, validities and derogations. The Commission of
p.002015: Investigation and Indictment of the House of Representatives mentioned in article 178 of the Constitution
p.002015: Politics will not be one of the permanent committees provided for in article 142 thereof.
p.002015: 4. Be aware of the complaints and complaints filed before it by the Attorney General or by the
p.002015: individuals against the above-mentioned officials and, if they merit, found charges against the Senate.
p.002015: 5. Require the help of other authorities for the development of the investigations that correspond to it, and commission
p.002015: for the practice of tests when deemed convenient.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 178-A. Legislative Act 02 of 2015, article 8. Article 178-A is added to the Political Constitution. The
p.002015: Judges of the Constitutional Court, of the Supreme Court of Justice, of the Council of State, of the
p.002015: National Judicial Discipline Commission and the Attorney General of the Nation will be responsible for any infraction
p.002015: to the disciplinary or criminal law committed in the exercise of their functions or on the occasion of these. In any case, you cannot
p.002015: be liable at any time for the votes and opinions cast in their judicial orders or
p.002015: consultative, proffered in the exercise of their functional independence, without prejudice to the responsibility to which there is
p.002015: place for unduly favoring their own interests or those of others.
p.002015: A Commission of Aforados will be competent to investigate and accuse, in accordance with the law and principles
p.002015: of due process, to the officials indicated in the previous paragraph, even if they had ceased in the
p.002015: exercise of their charges. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: If the investigation refers to disciplinary offenses of indignity for misconduct, the Commission of Aforados
p.002015: will advance the investigation and, where appropriate, present the accusation before the House of Representatives.
p.002015: In no case may other penalties be imposed than the suspension or dismissal of employment. The decision of the
p.002015: House of Representatives may be appealed to the Senate of the Republic. The Congress will in no case practice
p.002015: tests. Against the decision of the Senate there will be no recourse or action.
p.002015: If the investigation concerns crimes, the Commission of Aforados will also present the accusation to the Court
p.002015: Supreme Justice, so that the trial will be carried out there. In the case of judgments against magistrates of
p.002015: The Supreme Court of Justice, the conjuncts will be appointed by the State Council.
p.002015: The Commission will have a period of sixty days to present the accusation in the case of failure
p.002015: disciplinary indignity for misconduct
p.002015: From the House of Representatives
p.002015: (Articles 177-178A)
p.002015: COLOMBIA POLITICAL CONSTITUTION 51
p.002015: ta, and the House of Representatives will have thirty days to decide. In any case, the Commission may continue
p.002015: with the investigation of the criminal cause of having a place to do so and of finding merit to accuse,
p.002015: advance the procedure provided for in the preceding paragraph, in the term provided by law.
p.002015: The Commission will consist of five members, elected by the Plenary Congress for personal periods of
p.002015: eight years, of lists sent by the Judicial Government Council and drawn up by public notice
p.002015: advanced by the Management of the Judicial Branch in the terms established by law.
p.002015: The members of the Commission of Aforados must comply with the qualities required to be Magistrates of the
p.002015: Supreme Court of Justice and will be subject to the same regime of disabilities and incompatibilities.
p.002015: The Plenary Chambers of the Constitutional Court, of the Supreme Court of Justice, of the Council of State and of
p.002015: the National Judicial Discipline Commission may request the suspension of one from the Aforados Commission
p.002015: of its members while deciding the accusation for disciplinary offenses of unworthiness for misconduct.
p.002015: The law shall establish the procedure to determine fiscal responsibility when the amounts indicated in this
p.002015: Article exert administrative functions.
p.002015: Transitional Paragraph Without prejudice to the provisions of paragraph 3 of article 178, the Commission of
p.002015: Investigation and Accusations of the House of Representatives will maintain, for a year counted from the
p.002015: entry into force of this Legislative Act, the competence to investigate the events that occurred before the
p.002015: possession
p.002015: of the magistrates of the Commission of Aforados, which are attributed to the graduates mentioned in this article and to the
p.002015: magistrates of the Superior Council of the Judiciary. The House of Representatives will adopt the decisions
p.002015: administrative requirements so that during that period, the investigating representatives can:
p.002015: a) To issue an inhibitory resolution in cases that do not merit formal opening of investigation when it appears that the
p.002015: conduct has not existed, which is objectively atypical, that the criminal action cannot be initiated or that is demonstrated
p.002015: a cause of absence of responsibility.
p.002015: b) Refer the investigation to the competent authority if it is a matter of acts committed outside the exercise of their
p.002015: functions and the researcher would have ceased in the exercise of his position.
p.002015: c) Order the investigation opening when the legal assumptions that merit it are given and send it to
p.002015: the Aforados Commission to assume the process.
p.002015: d) Present the accusation before the Plenary of the House of Representatives in relation to open investigations,
p.002015: when the legal assumptions that merit it are given.
p.002015: e) Send to the Commission of Aforados all other investigations, in the state in which they are,
p.002015: including those advanced against the magistrates of the Superior Council of the Judiciary.
p.002015: As long as the law does not adopt the applicable procedure, the Aforados Commission will be governed by the procedural regime
p.002015: used in the investigations carried out by the Investigation and Accusation Commission and the regulations that replace it
p.002015: modify it.
p.002015: From the House of Representatives
p.002015: (Article 178A)
p.002015: 52 COLOMBIA POLITICAL CONSTITUTION
p.002015: CHAPTER 6
p.002015: OF THE CONGRESISTS
p.002015: Article 179. They may not be congressmen:
p.002015: 1. Those who have been convicted at any time by court order, under penalty of deprivation of liberty, except
p.002015: for political or guilty crimes.
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p.002015: those with the favorable vote of two thirds of the members of both houses.
p.002015: Article 213. In the event of a serious disturbance of public order that immediately threatens stability
p.002015: institutional, state security, or citizen coexistence, and that cannot be conjured by the use of
p.002015: the ordinary powers of the Police authorities, the President of the Republic, with the signature of all
p.002015: Ministers may declare the State of Internal Commotion, throughout the Republic or part of it, for a term not greater than
p.002015: of ninety days, extendable for up to two equal periods, the second of which requires prior concept and
p.002015: favorable of the Senate of the Republic.
p.002015: By such declaration, the Government will have the powers strictly necessary to conjure the causes of the
p.002015: disturbance and prevent the spread of its effects.
p.002015: Legislative decrees issued by the Government may suspend laws incompatible with the State of
p.002015: Commotion and will cease to govern as soon as public order is declared restored.
p.002015: Of the States of Exception
p.002015: (Articles 210-213)
p.002015: 60 COLOMBIA POLITICAL CONSTITUTION
p.002015: The Government may extend its validity for up to ninety more days.
p.002015: Within three days following the declaration or extension of the State of Concussion, the Congress shall meet by
p.002015: own right, with the fullness of its constitutional and legal powers. The President will pass
p.002015: immediately a reasoned report on the reasons that determined the statement.
p.002015: In no case may civilians be investigated or prosecuted by military criminal justice.
p.002015: Article 214. The States of Exception referred to in the preceding articles shall be subject to the following
p.002015: provisions:
p.002015: 1. Legislative decrees shall be signed by the President of the Republic and all his ministers and may only
p.002015: refer to subjects that have a direct and specific relationship with the situation determined by the
p.002015: Declaration of the State of Exception.
p.002015: 2. Human rights and fundamental freedoms may not be suspended. In any case the rules will be respected
p.002015: of International Humanitarian Law. A statutory law will regulate the powers of the Government during the states
p.002015: of exception and shall establish judicial controls and guarantees to protect rights, in accordance with
p.002015: international treaties The measures adopted must be proportionate to the seriousness of the facts.
p.002015: 3. The normal functioning of the branches of public power or the organs of the State shall not be interrupted.
p.002015: 4. As soon as the external war or the causes that gave rise to the State of Internal Commotion have ceased,
p.002015: The Government shall declare the public order restored and shall raise the State of Exception.
p.002015: 5. The President and the ministers will be responsible when they declare the states of exception without having
p.002015: happened the cases of foreign war or of
p.002015: interior commotion, and they will be also, like the other officials, for any abuse they may have
p.002015: committed in the exercise of the powers referred to in the preceding articles.
p.002015: 6. The Government shall send to the Constitutional Court the day after its issuance, the legislative decrees that
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p.002015: the maintenance of the necessary conditions for the exercise of public rights and freedoms, and for
p.002015: ensure that Colombians live in peace.
p.002015: The law will determine your career, performance and disciplinary regime.
p.002015: Article 219. The Public Force is not deliberate; may not meet except by order of legitimate authority, or
p.002015: direct requests, except on matters related to the service and the morality of the respective body and
p.002015: according to the law.
p.002015: Members of the Public Force may not exercise the function of suffrage while they remain in service
p.002015: active, or intervene in activities or debates of political parties or movements.
p.002015: Article 220. The members of the Public Force cannot be deprived of their degrees, honor
p.002015: Of the Public Force
p.002015: (Articles 216-220)
p.002015: 62 COLOMBIA POLITICAL CONSTITUTION
p.002015: res and pensions, but in cases and in the manner determined by law.
p.002015: Article 221. Legislative Act 01 of 2015, article 1. Article 221 of the Political Constitution will read as follows:
p.002015: Of the punishable conduct committed by members of the Public Force in active service, and in relation to
p.002015: the same service, will know martial courts or military courts, in accordance with the requirements of the Code
p.002015: Military Criminal Such Courts or Courts will be composed of members of the Public Force on active duty or in
p.002015: retirement.
p.002015: In the investigation and prosecution of the punishable conduct of the members of the Public Force, in relation to
p.002015: an armed conflict or confrontation that meets the objective conditions of International Law
p.002015: Humanitarian, the rules and principles of this will apply. The judges and prosecutors of the ordinary justice and of the
p.002015: Military or Police Criminal Justice who are aware of the conduct of members of the Public Force must have
p.002015: adequate training and knowledge of International Humanitarian Law.
p.002015: The Military or Police Criminal Justice shall be independent of the command of the Public Force.
p.002015: Article 222. The law shall determine the professional, cultural and social promotion systems of the members of the
p.002015: Public force. In the stages of their formation, they will be taught the fundamentals of democracy and
p.002015: human rights.
p.002015: Article 223. Only the Government can introduce and manufacture weapons, ammunition and explosives. No one
p.002015: may own or carry them without permission of the competent authority. This permit may not be extended to cases of
p.002015: concurrence to political meetings, to elections, or to sessions of public corporations or assemblies, whether for
p.002015: act on them or to witness them.
p.002015: Members of national security agencies and other official armed bodies, of a permanent nature
p.002015: created or authorized by law, may carry weapons under the control of the Government, in accordance with the principles and
p.002015: procedures that it indicates.
p.002015: CHAPTER 8
p.002015: OF INTERNATIONAL RELATIONS
p.002015: Article 224. The treaties, for their validity, must be approved by the Congress. However, the President of
p.002015: the Republic may give provisional application to the treaties of an economic and commercial nature agreed in the
p.002015: scope of international organizations, so dispose. In this case as soon as a treaty enters into force
p.002015: provisionally, it must be sent to the Congress for approval. If Congress does not approve it, the
p.002015: Treaty application
p.002015: Article 225. The External Relations Advisory Commission, whose composition will be determined by law, is the body
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p.002015: constitutional.
p.002015: Constitutional Jurisdiction
p.002015: (Articles 242-243)
p.002015: POLITICAL CONSTITUTION COLOMBIA 67
p.002015: No authority may reproduce the material content of the legal act declared unenforceable for substantive reasons,
p.002015: while the provisions that served to make the confrontation between the norm remain in the Charter
p.002015: ordinary and the Constitution.
p.002015: Article 244. The Constitutional Court shall notify the President of the Republic or the President.
p.002015: of the Congress, as the case may be, the initiation of any process aimed at examining
p.002015: constitutionality of norms dictated by them. This communication will not delay the terms of the process.
p.002015: Article 245. The Government may not confer employment on the Judges of the Constitutional Court during the period of
p.002015: exercise of their functions or within the year following their retirement.
p.002015: CHAPTER 5
p.002015: OF THE SPECIAL JURISDICTIONS
p.002015: Article 246. The authorities of indigenous peoples may exercise jurisdictional functions within their scope
p.002015: territorial, in accordance with its own rules and procedures, provided they are not contrary to the Constitution and
p.002015: laws of the Republic. The law will establish the ways of coordinating this special jurisdiction with the system
p.002015: national judicial
p.002015: Article 247. The law may create justices of the peace responsible for resolving in equity individual conflicts and
p.002015: community You can also order are elected by popular vote.
p.002015: Article 248. Only the sentences granted in judicial sentences are definitively of the
p.002015: criminal and contradictory records in all legal orders.
p.002015: CHAPTER 6
p.002015: OF THE NATIONAL GENERAL TAX
p.002015: Article 249. The Office of the Attorney General of the Nation shall consist of the Attorney General, the delegated prosecutors.
p.002015: and other officials determined by law.
p.002015: The Attorney General of the Nation will be elected for a period of four years by the Supreme Court of Justice, from terna
p.002015: sent by the President of the Republic and cannot be reelected. You must meet the same qualities required to be
p.002015: Magistrate of the Supreme Court of Justice.
p.002015: The Attorney General's Office is part of the judicial branch and will have administrative and budgetary autonomy.
p.002015: Article 250. Legislative Act 03 of 2002, article 2. Article 250 of the Political Constitution will read as follows:
p.002015: The Office of the Attorney General of the Nation is obliged to advance the exercise of the criminal action and carry out the
p.002015: investigation of the facts that have the characteristics of a crime that come to your attention
p.002015: through denunciation, special petition, complaint or ex officio, as long as they have sufficient grounds and
p.002015: factual circumstances that indicate the possible existence of it. It may not, therefore, suspend,
p.002015: interrupt or renounce criminal prosecution, except in cases established by law for enforcement
p.002015: of the principle of opportunity regulated within the framework of the State's criminal policy, which will be subject to
p.002015: legality control by the judge who exercises the functions of guarantee control. Crimes are excepted
p.002015: committed by members of the Public Force in active service and in relation to the same service.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Articles 244-250)
p.002015: 68 COLOMBIA POLITICAL CONSTITUTION
p.002015: In exercising its functions, the Office of the Attorney General of the Nation must:
p.002015: 1. Request the judge to exercise the functions of guarantee control the necessary measures to ensure the
p.002015: Appearance of those charged to criminal proceedings, the preservation of evidence and the protection of the community, in
p.002015: Special of the victims.
p.002015: The judge who exercises the functions of control of guarantees, may not be, in any case, the judge of knowledge, in
p.002015: those matters in which he has exercised this function.
p.002015: The law may empower the Attorney General's Office to exceptionally capture; equally,
p.002015: the law will set the limits and events in which the capture proceeds. In these cases the judge that fulfills the function of
p.002015: control of guarantees shall be carried out no later than thirty-six (36) hours later.
p.002015: 2. Advance records, searches, seizures and communications interceptions. In these events
p.002015: the judge exercising the functions of guarantee control shall carry out the respective subsequent control, at the latest
p.002015: within thirty-six
p.002015: (36) following hours.
p.002015: 3. Ensure the material evidence, guaranteeing the chain of custody while exercising its
p.002015: contradiction. In case additional measures are required that involve the involvement of fundamental rights,
p.002015: the respective authorization must be obtained by the judge who exercises the functions of guarantee control
p.002015: to be able to proceed to it.
p.002015: 4. Present an indictment before the knowledge judge, in order to initiate a public trial,
p.002015: oral, with immediate evidence, contradictory, concentrated and with all guarantees.
p.002015: 5. Request before the judge of knowledge the preclusion of investigations when as provided in the
p.002015: there will be no merit to accuse.
p.002015: 6. Request before the judge of knowledge the judicial measures necessary for the assistance to
p.002015: victims, as well as providing for the restoration of the right and full reparation to those affected by the crime.
p.002015: 7. Ensure the protection of victims, jurors, witnesses and other parties involved in the
p.002015: criminal proceedings, the law will determine the terms in which victims may intervene in the criminal proceedings and mechanisms
p.002015: of restorative justice.
p.002015: 8. Direct and coordinate the functions of the Judicial Police that are permanently carried out by the National Police and the
p.002015: other bodies indicated by law.
p.002015: 9. Fulfill the other functions established by law.
p.002015: The Attorney General and his delegates are competent throughout the national territory.
p.002015: In the event of presenting a written complaint, the Attorney General or his delegates must provide, by
p.002015: through the knowledge judge, all the evidence and information that you have news, including
p.002015: that are favorable to the processing.
p.002015: Paragraph 1. The Attorney General’s Office will continue to comply with the new inquiry system,
p.002015: criminal investigation and prosecution, the functions contemplated in article 277 of the National Constitution.
p.002015: Paragraph 2. Legislative Act 06 of 2011, article 2. Article 250 of the Political Constitution will have a
p.002015: Paragraph 2 of the following wording: Decree 379 of 2012. Article 1. Correct article 2 of the Legislative Act
p.002015: number 6 of 2011, which will be as follows: “Article 2. Article 250 of the Political Constitution will have a second paragraph
p.002015: of the following tenor:
p.002015: Taking into account the nature of the legal good or the least harmfulness of the punishable conduct, the legislator may
p.002015: assign the exercise of the criminal action to the victim or other authorities other than the General Prosecutor of the
p.002015: Nation. In any case, the General Prosecutor of the Nation may act preferentially.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Article
p.002015: 250)
p.002015: POLITICAL CONSTITUTION COLOMBIA 69
p.002015: Article 251. Legislative Act 03 of 2002, article 3. Article 251 of the Political Constitution will read as follows:
p.002015: Special functions of the Attorney General of the Nation are:
p.002015: 1. Legislative Act 06 of 2011, article 3. Section 1 of article 251 of the Political Constitution will read as follows:
p.002015: Investigate and accuse, if applicable, directly or through the Deputy Attorney General of the Nation or its
p.002015: delegates of the prosecution unit before the Supreme Court of Justice, to the high servants who enjoy jurisdiction
p.002015: constitutional, with the exceptions provided in the Constitution.
p.002015: 2. Appoint and remove, in accordance with the law, the servers under their dependence.
p.002015: 3. Assume directly the investigations and processes, whatever the state in which they are,
p.002015: same as assigning and freely displacing its servers in investigations and processes. Likewise in
p.002015: Under the principles of management unit and hierarchy, determine the criteria and position that the Prosecutor's Office should
p.002015: assume, without prejudice to the autonomy of the delegated prosecutors in the terms and conditions established by law.
p.002015: 4. Participate in the design of the State's policy on criminal matters and present bills in this regard.
p.002015: 5. Grant transitory powers to public entities that may perform Judicial Police functions,
p.002015: under the responsibility and functional dependence of the Attorney General's Office.
p.002015: 6. Provide the Government with information on the investigations that are being carried out, when necessary for the
p.002015: preservation of public order.
p.002015: Article 252. Even during the States of Exception covered by the Constitution in its articles 212 and 213, the
p.002015: Government may not suppress or modify the agencies or the basic functions of prosecution and prosecution.
p.002015: Article 253. The law shall determine the structure and operation of the General Prosecutor's Office of the Nation, at
p.002015: entry by career and withdrawal from service, to disabilities and incompatibilities, denomination, qualities,
p.002015: remuneration, social benefits and disciplinary regime of the officials and employees of their dependency.
p.002015: CHAPTER 7
p.002015: GOVERNMENT AND ADMINISTRATION OF THE JUDICIAL BRANCH
p.002015: (Legislative Act 02 of 2015) Replace the heading of Chapter 7 of Title VIII with that of “Government and
p.002015: Administration of the Judicial Branch ”.
p.002015: Article 254. Legislative Act 02 of 2015, article 15. Article 254 of the Political Constitution shall read as follows:
p.002015: The Government and the administration of the Judicial Branch will be in charge of the Judicial Government Council and the Management of
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p.002015: Article 268. The Comptroller General of the Republic shall have the following powers:
p.002015: 1. Prescribe the methods and manner of accountability of those responsible for the management of funds or assets of the
p.002015: nation and indicate the criteria for financial, operational and results evaluation that must be followed.
p.002015: 2. Review and keep the accounts that must be kept by those responsible for the treasury and determine the degree
p.002015: Of the Comptroller General of the Republic
p.002015: (Articles 267-268)
p.002015: POLITICAL CONSTITUTION COLOMBIA 77
p.002015: of efficiency, effectiveness and economy with which they have
p.002015: worked.
p.002015: 3. Keep a record of the public debt of the nation and territorial entities.
p.002015: 4. Demand reports on their fiscal management from official employees of any order and from any person
p.002015: or public or private entity that manages funds or assets of the nation.
p.002015: 5. Establish the responsibility derived from fiscal management, impose financial penalties that are
p.002015: case, collect its amount and exercise coercive jurisdiction over the scope deducted from it.
p.002015: 6. Conceptualize about the quality and efficiency of internal fiscal control of state entities and agencies.
p.002015: 7. Present to the Congress of the Republic an annual report on the state of natural resources and the environment.
p.002015: 8. Promote before the competent authorities, providing the respective evidence, criminal investigations or
p.002015: disciplinary actions against those who have caused damage to the patrimonial interests of the State. The Comptroller, under
p.002015: your responsibility, may require, known truth and good faith kept, the immediate suspension of officials
p.002015: while the investigations or the respective criminal or disciplinary processes are completed.
p.002015: 9. Submit bills relating to the fiscal control regime and the organization and operation
p.002015: of the Comptroller General.
p.002015: 10. Provide through public tender the jobs of your agency that the law has created. This will determine a
p.002015: special administrative career regime for the selection, promotion and retirement of officials of the
p.002015: Comptroller Those who are part of the corporations involved in the nomination and election of the
p.002015: Comptroller, give personal and political recommendations for jobs in his office.
p.002015: 11. Submit reports to Congress and the President of the Republic on the performance of their duties and
p.002015: certification on the state of the state's finances, in accordance with the law.
p.002015: 12. To dictate general norms to harmonize the fiscal control systems of all public entities of the
p.002015: national and territorial order.
p.002015: 13. The others indicated by law.
p.002015: Submit the General Budget and Treasury Account to the House of Representatives and certify the
p.002015: Treasury balance submitted to Congress by the General Accountant.
p.002015: Article 269. In public entities, the corresponding authorities are obliged to design and apply, according to
p.002015: the nature of its internal control functions, methods and procedures, in accordance with the provisions of the
p.002015: law, which may establish exceptions and authorize the contracting of said services with private companies
p.002015: Colombian
p.002015: Article 270. The law will organize the forms and systems of citizen participation that allow monitoring management
p.002015: public that is fulfilled in the various administrative levels and their results.
...

p.002011: compliance with the provisions of article 241 numeral 2.
p.002011: Article 380. The Constitution up to now in force with all its reforms is repealed. This Constitution
p.002011: It applies as of the day of its promulgation.
p.002011: Of the Constitution Reform
p.002011: (Articles 374-380)
p.002011: 106 COLOMBIA POLITICAL CONSTITUTION
p.002011: TRANSITORY DISPOSITIONS
p.002011: CHAPTER 1
p.002011: Transitory article 1. Convene the general elections of the Congress of the Republic for October 27
p.001991: 1991
p.001991: The Congress thus elected will have the period ending July 19, 1994.
p.001991: The Civil Registry Office will open a period of registration of citizenship cards.
p.001991: Transitory article 2. Delegates of the Assembly may not be candidates in said election
p.001991: Full constituent or the current Ministers of the Office.
p.001991: Nor may officials of the Executive Branch who have not resigned from their position before 14
p.001991: June 1991
p.001991: Transitory article 3. While installing, on December 1, 1991 the new Congress, the current one and its
p.001991: commissions will go into recess and may not exercise any of their powers either on their own initiative or by
p.001991: call of the President of the Republic.
p.001991: Transitory article 4. The Congress elected on October 27, 1991 will ordinarily meet as follows:
p.001991: From December 1 to 20, 1991 and from January 14 to June 26, 1992. As of July 20, 1992, your regime
p.001991: of sessions will be the one prescribed in this Constitution.
p.001991: Transitory article 5. Check the President of the Republic for precise extraordinary powers to:
p.001991: a) Issue the rules organized by the Office of the Attorney General and the rules of criminal procedure;
p.001991: b) Regulate the right of guardianship;
p.001991: c) Take the necessary administrative measures for the operation of the Constitutional Court and the Superior Council
p.001991: of the Judiciary;
p.001991: d) Issue the General Budget of the Nation for the validity of 1992;
p.001991: e) Issue transitory regulations to decongest judicial offices.
p.001991: Transitory article 6. Create a Special Commission of thirty-six members elected by electoral quotient
p.001991: by the National Constituent Assembly, half of which may be Delegates, which will meet between
p.001991: on July 15 and October 4, 1991 and between November 18, 1991 and the day of the installation of the new
p.001991: Congress. The election will be held in a session convened for this purpose on July 4, 1991.
p.001991: This Special Commission will have the following powers:
p.001991: a) Improving by majority of its members, in whole or in part, the draft decrees prepared by the Government
p.001991: national in the exercise of the extraordinary powers granted to the President of the Republic by article
p.001991: above and in other provisions of this Constituent Act, except those of appointments.
p.001991: Improper items may not be issued by the Government.
p.001991: b) Prepare the bills deemed appropriate to develop the Constitution. The Special Commission
p.001991: may submit said projects for discussion and approval by the Congress of the Republic.
p.001991: c) Regulate its operation.
p.001991: Paragraph. If the Special Commission does not approve before December 15, 1991 the draft budget for the
p.001991: fiscal validity of 1992, will govern the one of the previous year, but the Government will be able to reduce expenses, and, consequently,
p.001991: abolish or merge jobs, when advised by the income calculations of the new fiscal year.
p.001991: Transitory dispositions
...

p.001991: state in which they are.
p.001991: Once all the processes are failed by the Supreme Court of Justice in accordance with paragraph 1 of this article,
p.001991: its Constitutional Chamber will cease in the exercise of its functions.
p.001991: Transitory Article 25. The President of the Republic shall designate for the first and only time the members of the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary.
p.001991: The Administrative Chamber shall be integrated in accordance with the provisions of the first paragraph of article 254 of the
p.001991: Constitution.
p.001991: Transitional article 26. The proceedings that are currently being carried out in the Disciplinary Tribunal will continue
p.001991: processed without interruption by the magistrates of said corporation and will become known to the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary since its installation.
p.001991: Transitory article 27. The General Prosecutor's Office of the Nation will enter into operation when decrees are issued.
p.001991: extraordinary ones that organize it and those that establish the new penal procedures, in development of the
p.001991: powers granted by the National Constituent Assembly to the President of the Republic.
p.001991: In the respective decrees, however, it may be provided that the competence of the various
p.001991: Transitory dispositions
p.001991: (Articles 22-27)
p.001991: 110 POLITICAL CONSTITUTION COLOMBIA
p.001991: judicial offices are assigned as specific conditions allow, without exceeding 30
p.001991: June 1992, except for municipal criminal judges, whose implementation may be extended for the term
p.001991: four years from the issuance of this reform, as provided by the Superior Council of the
p.001991: Judiciary and the Attorney General of the Nation.
p.001991: The current prosecutors of the superior, criminal courts and customs superior courts, and of
p.001991: public order, will pass to the Attorney General's Office. The other prosecutors will be incorporated into the organic structure
p.001991: and to the staff of the Procuraduría. The Attorney General will indicate the denomination, functions and headquarters of
p.001991: these public servants, and may designate those who have been exercising said positions, retaining their remuneration
p.001991: and benefit regime.
p.001991: The Delegate Attorney's Office in Criminal Matters will continue in the structure of the Attorney General's Office.
p.001991: Likewise, they will pass to the Office of the Attorney General of the Nation, the national address and the sectional directorates of
p.001991: criminal instruction, the technical body of judicial police, and the criminal investigation courts of the
p.001991: ordinary justice, public order and customs criminal.
p.001991: The National Directorate of Legal Medicine of the Ministry of Justice, with its dependencies
p.001991: In addition, the Attorney General's Office will be integrated as a public establishment attached to it.
p.001991: The dependencies that are integrated into the Attorney General's Office will pass to it with all its human and material resources, in
p.001991: the terms indicated by the law that organizes it.
p.001991: Transitory article 28. While the law issuing to the judicial authorities the knowledge of the
p.001991: punishable acts currently punishable by arrest by police authorities, these will continue
p.001991: Knowing about them.
p.001991: Transitional Article 29. For the application at any time of the rules prohibiting the re-election of
p.001991: Judges of the Constitutional Court, of the Supreme Court of Justice and of the Council of State, only
p.001991: will take into account the elections that occur after the promulgation of this reform.
p.001991: Transitional article 30. Authorize the national government to grant pardons or amnesties for political crimes
p.001991: and related, committed prior to the promulgation of this Constituent Act, to members of
p.001991: guerrilla groups that rejoin civil life in terms of the reconciliation policy. For
p.001991: For this purpose, the national government shall issue the corresponding regulations. This benefit may not
p.001991: extend to heinous crimes or killings committed out of combat or taking advantage of the state of defenselessness of
p.001991: the victim.
p.001991: CHAPTER 4
...

p.001994: Transitory Article Legislative Act 02 of 2002, article 7. The Political Constitution will have an article
p.001994: Transitory of the following tenor: All mayors and governors who begin their periods between the validity of the
p.001994: This Legislative Act and on December 31, 2003, shall perform their functions for a period equivalent to the
p.001994: half of the time it takes to reach December 31, 2007. Your successors will be chosen to
p.001994: a period that will end on December 31 of 2007.
p.001994: Transitory dispositions
p.001994: (Articles 56-61)
p.001994: COLOMBIA POLITICAL CONSTITUTION 115
p.001994: All governors and mayors elected after October 29, 2000 and before the effective date of
p.001994: This legislative act shall exercise its functions for a period of three years. Your successors will be chosen for a
p.001994: period ending December 31, 2007.
p.001994: In any case, on the last Sunday of the month of October 2007, mayors and governors will be elected for all
p.001994: the municipalities, districts and departments of the country, for four-year institutional periods, which are
p.001994: will begin on January 1 of the year 2008.
p.001994: The four-year term of the members of the Departmental Assemblies, District and Municipal Councils and
p.001994: Ediles will begin on January 1, 2004.
p.001994: Transitory Article Legislative Act 03 of 2002, article 4. Make a commission integrated by the Minister
p.001994: of Justice and Law, the Attorney General of the Nation, who will preside over it, the Attorney General of the Nation, the
p.001994: President of the Criminal Chamber of the Supreme Court of Justice, the Ombudsman, the President of the Council
p.001994: Superior of the Judiciary, or the delegates they designate, three House Representatives and three Senators
p.001994: of the First Committees, and three members of the Academy appointed by common accord by the Government and the
p.001994: Prosecutor General, so that, through the latter, present for the consideration of the Congress of the Republic to more
p.001994: By July 20, 2003, the relevant bills to adopt the new system and then the
p.001994: monitoring of the gradual implementation of the system.
p.001994: The Congress of the Republic will have until June 20, 2004 to issue the corresponding laws. If I do not
p.001994: do within this period, the President of the Republic of extraordinary powers, for the term of
p.001994: two months to deliver the necessary legal norms to the new system. For this purpose, it may issue, modify or
p.001994: add the corresponding regulatory bodies included in the statutory law of the administration
p.001994: of justice, the statutory law of habeas corpus, the Criminal, Criminal and Penal Procedure Codes and the
p.001994: Organic Statute of the Prosecutor.
p.001994: In order to achieve the transition to the accusatory system provided for in this Legislation Act, the law
p.001994: will take the forecasts to guarantee the presence of the public servants necessary for the adequate
p.001994: operation of the new one in particular, the transfer of charges between the General Prosecutor's Office of the Nation, the Branch
p.001994: Judicial, the Ombudsman's Office, and the agencies that perform judicial police functions. Government
p.001994: national will guarantee resources for the gradual implementation of the accusatory system and for consolidation
p.001994: of a National Public Defender System.
p.001994: Transitory Article Legislative Act 01 of 2009, article 14. The Political Constitution will have a new article
p.001994: transitory, like this:
p.001994: New article. Within the year following the entry into force of this constitutional reform, the
p.001994: Congress will issue, after study by a special commission that the Government will create for this purpose,
p.001994: a law that contemplates a “Special Regime in economic, political, social and administrative matters, to
p.001994: territories that comprise the ecoregions of the Sierra Nevada de Santa Marta, the Ciénaga de Zapatosa, the Serranía
p.001994: of the Perijá, the Eastern Plains, Amazonia, Catatumbo Region, Orinoquia, Chocó Biogeográfico, the Montes de
p.001994: María, la Mojana, and the political peoples of Magdalena and the Pacific, with the aim of reducing imbalances
...

p.001994: of a peace agreement, differentiated treatment is given to the different armed groups outside the law that
p.001994: they have been part of the internal armed conflict and also for the agents of the State, in relation to their
p.001994: participation in it.
p.001994: By means of a statutory law, transitional justice instruments of a judicial nature or
p.001994: extrajudicial that allow to guarantee the state duties of investigation and sanction. In any case it
p.001994: they will apply extrajudicial mechanisms to clarify the truth and repair the
p.001994: victims
p.001994: A law must create a Truth Commission and define its object, composition, powers and functions. The mandate
p.001994: of the commission may include the formulation of recommendations for the application of justice instruments
p.001994: transitional, including the application of the selection criteria.
p.001994: Both the prioritization criteria and the selection criteria are inherent in the instruments of justice
p.001994: transitional. The Attorney General of the Nation will determine prioritization criteria for the exercise of the action
p.001994: penal. Without prejudice to the general duty of the State to investigate and punish serious violations of rights
p.001994: Human and International Humanitarian Law, within the framework of transitional justice, the Congress of the Republic,
p.001994: by
p.001994: National Government initiative, may by statutory law determine selection criteria that allow
p.001994: focus efforts on criminal investigation of those responsible for all crimes acquired
p.001994: the connotation of crimes against humanity, genocide, or war crimes committed systematically;
p.001994: establish the cases, requirements and conditions in which the suspension of the execution of the sentence would proceed;
p.001994: establish the cases in which the application of extrajudicial sanctions, alternative penalties, or
p.001994: special modalities of execution and enforcement of the sentence; and authorize the conditional waiver of the persecution
p.001994: criminal court of all cases not selected. The statutory law will take into account the seriousness and
p.001994: representativeness of the cases to determine the selection criteria.
p.001994: In any case, special criminal treatment through the application of constitutional instruments such as
p.001994: Previous will be subject to the fulfillment of conditions such as the abandonment of weapons, recognition
p.001994: of responsibility, the contribution to the clarification of the truth and the integral reparation of the victims, the
p.001994: release of the hostages, and the untying of the unlawfully recruited minors who are
p.001994: train held by armed groups outside the law.
p.001994: Paragraph 1. In the cases of the application of transitional justice instruments to armed groups outside
p.001994: of the law that has participated in the hostilities, this will be limited to those who demobilize
p.001994: collectively within the framework of a peace agreement or to those who demobilize individually
p.001994: compliance with established procedures and with the authorization of the national Government.
p.001994: Paragraph 2. In no case may transitional justice instruments be applied to armed groups to the
p.001994: margin of law that has not been a party to the internal armed conflict, nor to any member of a group
p.001994: armed that once demobilized continue to commit crime.
p.001994: Transitory dispositions
p.001994: (Article 66)
p.001994: POLITICAL CONSTITUTION COLOMBIA 117
p.001994: Transitory article 67. Legislative Act 01 of 2012, article 3. The Political Constitution will have a new article
p.001994: transitory that will be 67, like this: A statutory law will regulate what the crimes considered related to the crime will be
p.001994: politician for purposes of the possibility of participating in politics. They cannot be considered related to crime
p.001994: political crimes that acquire the connotation of crimes against humanity and genocide committed in a manner
p.001994: systematically, and therefore those who have been convicted and cannot be elected to politics or elected
p.001994: Selected for these crimes.
p.001994: Legislative Act 01 of 2012, article 2. Transient. Once the national government presents to the Congress of the
p.001994: Republic the first bill authorizing the application of criminal instruments established in
p.001994: In paragraph 4 of article 1 of this legislative act, Congress will have four (4) years to deliver all
p.001994: the laws that regulate this matter.
p.001994: Legislative Act 2 of 2015, article 18. Transitional. The national government must present before
p.001994: October 1, 2015 a statutory bill to regulate the functioning of the organs
p.001994: of government and judicial administration.
p.001994: The following provisions shall apply until such statutory law enters into force:
p.001994: 1. The organs of government and judicial administration shall be formed as follows:
p.001994: a) The members of the Judicial Government Council must be appointed or elected within two months
p.001994: counted from the entry into force of this Legislative Act. The elections of the representative of the
p.001994: court magistrates and the judges and the representative of the judicial employees will be held by vote
p.001994: direct from their peers in the Judicial Branch.
p.001994: The elections will be organized by the Interinstitutional Commission of the Judicial Branch.
p.001994: b) The permanent and exclusive members of the Judicial Government Council must-
p.001994: shall be elected within two months after the election or appointment of the other members
p.001994: of the first Judicial Government Council.
p.001994: For the first formation of the Judicial Government Council, one of the three permanent members and
p.001994: Exclusive dedication will be chosen for a period of two years, and another will be chosen for a period of three years.
p.001994: c) For the first Judicial Government Council, its members, excluding the Manager of the Judicial Branch,
p.001994: they will have a term of two months from their election, to elect the Manager of the Judicial Branch.
...

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p.002015: land and urban airspace in defense of the common interest.
p.002015: CHAPTER 4
p.002015: ON THE PROTECTION AND APPLICATION OF RIGHTS
p.002015: Article 83. The actions of individuals and public authorities must adhere to the postulates of the
p.002015: good faith, which will be presumed in all the steps that those advance before them.
p.002015: Article 84. When a right or an activity has been regulated in a general manner, public authorities
p.002015: They may not establish or require additional permits, licenses or requirements for their exercise.
p.002015: Article 85. The rights enshrined in articles 11, 12, 13, are immediately applicable.
p.002015: 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29,
p.002015: 30, 31, 33, 34, 37 and 40.
p.002015: Article 86. Every person shall have a guardianship action to claim before the judges, at all times and places, by means of a
p.002015: Preferred and summary procedure, by itself or by whoever acts on your behalf, the immediate protection of your
p.002015: fundamental constitutional rights, whenever these are violated or threatened by the action or
p.002015: the omission of any public authority.
p.002015: The protection will consist of an order so that the one of whom the guardianship is requested, acts or refrains from
p.002015: do what. The ruling, which will be of immediate compliance, may be challenged before the competent judge and, in any case,
p.002015: This will be sent to the Constitutional Court for possible revision.
p.002015: This action will only proceed when the affected party does not have another means of judicial defense, unless that
p.002015: use as a transitory mechanism to avoid irremediable damage.
p.002015: In no case may more than ten days pass between the request for guardianship and its resolution.
p.002015: The law will establish the cases in which the action of guardianship proceeds against individuals in charge of the
p.002015: provision of a public service or whose conduct seriously and directly affects the collective interest, or with respect to
p.002015: who the applicant is in a state of subordination or helplessness.
p.002015: Article 87. Any person may go before the judicial authority to enforce compliance with a law or a
p.002015: administrative act If the action is continued, the judgment will order the reluctant authority to comply
p.002015: of duty omitted.
p.002015: Article 88. The law shall regulate popular actions for the protection of collective rights and interests,
p.002015: related to heritage, space, safety and public health, administrative morals, the
p.002015: environment, free economic competition and others of a similar nature that are defined in it.
p.002015: It will also regulate the actions originated in the damages caused to a plural number of people, without prejudice to
p.002015: the corresponding particular actions.
p.002015: Likewise, it will define the cases of objective civil responsibility for the damage inferred to the rights and interests
p.002015: collective
p.002015: Article 89. In addition to those enshrined in the preceding articles, the law shall establish the other resources,
p.002015: the actions, and the procedures necessary for them to advocate for the inte-
...

p.002015: Town will be mandatory. The consultation cannot be carried out concurrently with another election.
p.002015: Article 105. Prior compliance with the requirements and formalities set forth in the general statute of the
p.002015: territorial organization and in the cases that this determines, the governors and mayors according to the case,
p.002015: may make popular inquiries to decide on matters of competence of the respective department or
p.002015: municipality.
p.002015: Article 106. Prior to the fulfillment of the requirements that the law indicates and in the cases that it determines, the
p.002015: Inhabitants of territorial entities may submit projects on matters that fall within the competence of the
p.002015: respective public corporation, which is obliged to process them; decide on the provisions of interest of the
p.002015: community at the initiative of the corresponding authority or corporation or by at least 10% of the citizens
p.002015: registered in the respective electoral roll, and elect representatives on the boards of the companies that provide services
p.002015: public within the respective territorial entity.
p.002015: EPISODE 2
p.002015: OF PARTIES AND POLITICAL MOVEMENTS
p.002015: Article 107. Legislative Act 01 of 2009, article 1. Article 107 of the Constitution will read as follows:
p.002015: All citizens are guaranteed the right to found, organize and develop political parties and movements, and
p.002015: the freedom to join them or to withdraw.
p.002015: In no case will citizens be allowed to belong simultaneously to more than one party or movement
p.002015: politician with legal status.
p.002015: Political parties and movements will be organized democratically and will have as guiding principles the
p.002015: transparency, objectivity, morality, gender equity, and the duty to present and disseminate their programs
p.002015: politicians.
p.002015: For making their decisions or choosing their own candidates or by coalition, they may hold consultations
p.002015: popular or internal or inter-party that coincide or not with the elections to
p.002015: On Forms of Democratic Participation, of Political Parties (Articles 103-107)
p.002015: COLOMBIA POLITICAL CONSTITUTION 31
p.002015: Public potions, in accordance with the provisions of its statutes and the law.
p.002015: In the case of popular consultations, the rules on campaign financing and publicity and access to
p.002015: the media of the State, which govern the ordinary elections. Who participates in the
p.002015: consultations of a political party or movement or in interpartisan consultations, you cannot register for another in the
p.002015: same electoral process. The result of the consultations will be mandatory.
p.002015: The leaders of the parties and political movements must promote democratization processes
p.002015: internal and strengthening the bench regime.
p.002015: Political parties and movements must respond for any violation or violation of the rules that govern
p.002015: its organization, operation or financing, as well as for endorsing candidates chosen in positions or
p.002015: public corporations of popular choice, who have been or were convicted during the exercise of the position to
p.002015: which was endorsed by judgment executed in Colombia or abroad for crimes related to the vin-
p.002015: culation of illegal armed groups and activities of drug trafficking or crimes against the mechanisms of
p.002015: democratic participation or against humanity.
p.002015: Political parties or movements will also respond for endorsing candidates not elected to office or
p.002015: public corporations of popular choice, if they had been or were convicted during the term of office
p.002015: public to which he was nominated, by sentence executed in Colombia or abroad for crimes
p.002015: related to the connection to illegal armed groups and drug trafficking activities, committed previously
p.002015: Give to the issuance of the corresponding guarantee.
p.002015: Sanctions may consist of fines, devotion of public resources received through the system of
p.002015: replacement of votes, until the cancellation of the legal status. When it comes to these sentences to
p.002015: who were elected to uninominal positions, the party or movement that
p.002015: endorsed the convicted, may not present candidates for the following elections in that Circumscription. If missing
p.002015: less than 18 months for the following elections, they may not submit three, in which case the nominator may
p.002015: freely designate the replacement.
p.002015: The directors of the parties who are shown to have failed to proceed with due care and diligence in the
p.002015: exercise of the rights and obligations conferred upon them by legal status, they will also be subject to the
p.002015: sanctions determined by law.
p.002015: Social organizations are also guaranteed the right to demonstrate and participate in events
p.002015: politicians.
p.002015: Anyone who is a member of a public corporation decides to run for the next election, for a
p.002015: Different party, you must give up the seat at least twelve (12) months before the first day of registration.
p.002015: Transitional Paragraph 1. Without prejudice to the provisions of article 134, within the two
p.002015: (2) months following the entry into force of this legislative act, authorize, once only, the
p.002015: members of the collegiate bodies of popular election, or those who had previously renounced their seat
p.002015: to the validity of this legislative act, to enroll in a party other than the one that endorsed them, without
p.002015: give up the seat or incur double militancy.
p.002015: Transitional Paragraph 2. The national government or members of Congress will present, before August 1
p.002015: of 2009, a Draft Statutory Law that develops this article.
p.002015: The project will have a message of urgency and joint sessions and may be subject to a message of insistence if it were
p.002015: necessary. The terms for the prior review of the exequibility of the Draft Statutory Law are reduced by half,
p.002015: by the Constitutional Court.
p.002015: Article 108. Legislative Act 01 of 2009, article 2. Article 108 of the Constitution shall read as follows:
p.002015: Of the Parties and Political Movements
p.002015: (Article 108)
p.002015: 32 COLOMBIA POLITICAL CONSTITUTION
p.002015: The National Electoral Council will recognize legal personality to parties, political movements and groups
p.002015: significant citizens. They may obtain them with a vote of not less than three percent (3%) of the votes
p.002015: validly issued in the national territory in the House of Representatives or Senate elections. They will lose them if
p.002015: they don't get that percentage in the elections of the same public corporations. The regime is excepted
p.002015: exceptional that is stipulated in the law for constituencies of ethnic and political minorities, in which
p.002015: It will be enough to have obtained representation in Congress.
p.002015: It will also cause loss of legal status of political parties and movements if they do not
p.002015: celebrate at least every two
p.002015: (2) years conventions that enable its members to influence the making of the most important decisions of the
p.002015: political organization.
p.002015: Political parties and movements with recognized legal personality may register candidates for
p.002015: elections. Said registration must be endorsed for the same purposes by the respective legal representative of the
p.002015: party or movement or by whom he delegates.
p.002015: Social movements and significant groups
p.002015: of citizens may also register candidates.
p.002015: Any registration of a candidate incurred on grounds of disability will be revoked by the National Electoral Council with
p.002015: Respect for due process.
p.002015: The statutes of political parties and movements will regulate the matters pertaining to their internal disciplinary regime. The
p.002015: members of public corporations elected by the same party or political movement or group
p.002015: Significant citizens will act on them as a bench under the terms established by law and in accordance
p.002015: with the decisions democratically taken by them.
p.002015: The internal statutes of the parties and political movements will determine issues of conscience
p.002015: in respect of which this regime will not apply and may establish penalties for
p.002015: the non-observance of its guidelines by the members of the banks, which will be fixed
p.002015: gradually until expulsion, and may include the loss of the voting right of the congressman, deputy, councilor
p.002015: or mayor for the rest of the period for which he was elected.
p.002015: Transitional Paragraph For the elections to the Congress of the Republic to be held in 2010, the percentage at which
p.002015: refers to subsection 1 of this article shall be two percent (2%), and the requirement of
p.002015: inscription one year in advance of which the 8th paragraph speaks. (Subsection 8 of Legislative Act 01 of 2009, was
p.002015: declared unenforceable)
p.002015: Article 109. Legislative Act 01 of 2009, article 3. Article 109 of the Constitution will read as follows:
p.002015: The State will attend the political and electoral financing of political parties and movements with
p.002015: legal status, in accordance with the law.
p.002015: The electoral campaigns that advance the candidates endorsed by parties and movements with personality
...

p.002015: for political or guilty crimes.
p.002015: 2. Those who have exercised, as public employees, jurisdiction or political, civil, administrative or administrative authority or
p.002015: military, within twelve months prior to the date of the election.
p.002015: 3. Those who have intervened in business management before public entities, or in the conclusion of contracts with
p.002015: they in their own interest, or that of third parties, or have been legal representatives of entities that manage
p.002015: tributes or parafiscal contributions, within six months prior to the date of the election.
p.002015: 4. Those who have lost the investor's investiture.
p.002015: 5. Those who have links by marriage, or permanent union, or kinship in the third degree of
p.002015: consanguinity, first of affinity, or sole civilian, with officials exercising civil or political authority.
p.002015: 6. Those who are linked to each other by marriage, or permanent union, or kinship within the third grade
p.002015: of consanguinity, second of affinity, or first civilian, and register for the same party, movement or group
p.002015: for election of positions, or of members of public corporations that must be made on the same date.
p.002015: 7. Those who have dual citizenship, except Colombians by birth.
p.002015: 8. No one may be elected for more than one Corporation or public office, nor for a Corporation and a position, if the
p.002015: respective periods coincide in time, even partially.
p.002015: The disabilities provided in numerals 2, 3, 5 and 6 refer to situations that take place in the
p.002015: constituency in which the respective election must be made. The law will regulate the other cases of disabilities
p.002015: by kinship, with the authorities not contemplated in these provisions.
p.002015: For the purposes of this article it is considered that the national constituency coincides with each of the
p.002015: territorial, except for the disability indicated in numeral 5.
p.002015: Article 180. Congressmen may not:
p.002015: 1. Perform public or private position or employment.
p.002015: 2. Manage, on their own behalf or on behalf of others, matters before public entities or before the persons who
p.002015: administer taxes, be empowered before them, celebrate with them, by themselves or by interposed person, contract
p.002015: any. The law establishes exceptions to this provision.
p.002015: 3. Legislative Act 03 of 1993, article 2. Article 261 of the Political Constitution will read as follows: Paragraph 2.
p.002015: Numeral 3 of article 180 of the Constitution will read as follows:
p.002015: Be a member of boards or boards of directors of decentralized official entities of any level or of
p.002015: institutions that administer taxes.
...

p.002015: national administrative authorities, subject to the general principles and rules defined by law.
p.002015: 17. Distribute businesses according to their nature, among Ministries, Administrative Departments and Establishments
p.002015: Public
p.002015: 18. Grant permission to national public employees who request it, to accept, with character
p.002015: temporary, charges or grants from foreign governments.
p.002015: 19. Confer degrees to members of the public force and submit for approval of the Senate those that correspond to
p.002015: according to article 173.
p.002015: 20. Ensure strict collection and administration of public revenues and flows and decree your investment of
p.002015: according to the laws.
p.002015: 21. Exercise the inspection and supervision of education in accordance with the law.
p.002015: 22. Exercise the inspection and surveillance of the provision of public services.
p.002015: 23. Celebrate the corresponding contracts subject to the Constitution and the law.
p.002015: 24. Exercise, in accordance with the law, inspection, surveillance and control over people who carry out activities
p.002015: financial, stock market, insurance and any other related to the management, use or investment of
p.002015: resources captured from the public. Likewise, on cooperative entities and commercial companies.
p.002015: 25. Organize the Public Credit; recognize the national debt and fix its service; modify tariffs,
p.002015: tariffs and other provisions concerning the customs regime; regulate foreign trade; and exercise the
p.002015: intervention in financial, stock market, insurance and any other activities related to management,
p.002015: use and investment of resources from third party savings in accordance with the law.
p.002015: 26. Exercise inspection and surveillance of institutions of common utility so that their income is preserved and
p.002015: are duly applied and so that in all essentials the will of the founders is fulfilled.
p.002015: 27. Grant a patent of temporary privilege to the authors of useful inventions or improvements, with
p.002015: according to the law
p.002015: 28. Issue naturalization letters, in accordance with the law.
p.002015: Article 190. The President of the Republic will be elected for a period of four years, in half plus one of the
p.002015: votes that, secretly and directly, citizens deposit on the date and with the formalities determined by the
p.002015: law. If no candidate obtains such a majority, a new vote will be held that will take place three more weeks
p.002015: later, in which only the two candidates who obtained the highest votes will participate. Will be
p.002015: declared President who obtains the highest number of votes.
p.002015: In case of death or permanent physical incapacity of any of the two candidates with a majority of votes, their party
p.002015: The political movement may register a new candidate for the second round. If it does not or if it is missing
p.002015: it is due to another cause, it will be replaced by whoever obtained the third vote; and so on and in order
p.002015: descending.
p.002015: If the offense occurs less than two weeks before the second round, it will be postponed for fifteen days.
p.002015: Article 191. To be President of the Republic it is necessary to be Colombian by birth, citizen in exercise and
p.002015: over thirty years old
p.002015: Article 192. The President of the Republic will take possession of his destiny before the Congress, and will take an oath in
p.002015: these terms: "I swear to God and I promise the people to faithfully comply with the Constitution and laws of Colombia."
p.002015: Of the Executive Branch, of the President of the Republic Articles
p.002015: (190-192)
p.002015: 56 COLOMBIA POLITICAL CONSTITUTION
p.002015: If for any reason the President of the Republic cannot take possession before the Congress, he will do so before the
p.002015: Supreme Court of Justice or, in its absence, before two witnesses.
p.002015: Article 193. It is for the Senate to grant license to the President of the Republic to separate
p.002015: temporarily from office
p.002015: Due to illness, the President of the Republic may cease to hold office, for the necessary time,
p.002015: by notice to the Senate or, in recess of the latter, to the Supreme Court of Justice.
...

p.002015: dismissal decreed by sentence, permanent physical incapacity and abandonment of office, declared these
p.002015: last two by the Senate.
p.002015: Temporary absences are the license and the illness, in accordance with the preceding article and the suspension in the
p.002015: exercise of the charge decreed by the Senate, prior public admission of the accusation in the case provided for in the
p.002015: first numeral of article 175.
p.002015: Article 195. The person in charge of the Executive shall have the same preeminence and the same powers as the President,
p.002015: whose times it does.
p.002015: Article 196. The President of the Republic, or whoever acts as such, may not move to a foreign territory.
p.002015: during the exercise of his office, without prior notice to the Senate or, in recess thereof, to the Supreme Court of Justice.
p.002015: Violation of this provision implies abandonment of the position.
p.002015: The President of the Republic, or who has held the Presidency as head of office, may not leave the country
p.002015: within the year following the date on which he ceased to exercise his functions, without prior permission of the Senate.
p.002015: When the President of the Republic moves to foreign territory in the exercise of his office, the Minister
p.002015: whoever corresponds, according to the order of legal precedence, will exercise under his own responsibility the functions
p.002015: constitutional that the Pre-
p.002015: I delegate to him both those that are his own and those that he exercises in his capacity as Head of Government. The
p.002015: Delegate Minister will belong to the same party or political movement of the President.
p.002015: Article 197. Legislative Act 02 of 2015, article 9. Article 197 of the Political Constitution will read as follows:
p.002015: Article 197. The citizen who for any title may have been elected President of the Republic may not be elected
p.002015: held the Presidency. This prohibition does not cover the Vice President when he has exercised it for less than three months,
p.002015: continuously or discontinuously, during the four year period. The prohibition of re-election may only be
p.002015: reinforced or repealed by referendum of popular initiative or constituent assembly.
p.002015: The President of the Republic or Vice President who has incurred in any of the causes of
p.002015: inability enshrined in numerals 1, 4 and 7 of article 179, nor the citizen that one year before the election
p.002015: has had the investiture of Vice President or held any of the following positions:
p.002015: Minister, Director of the Administrative Department, Magistrate of the Supreme Court of Justice, of the Court
p.002015: Constitutional, of the Council of State, National Commission of Judicial Discipline, Member of the Commission of Aforados or
p.002015: of the National Electoral Council, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic, Attorney General of the Nation, National Registrar of the Civil State, Commanders of the Forces
...

p.002015: providences
p.002015: 2. Grant pardons for political crimes, in accordance with the law, and inform Congress of the exercise of
p.002015: This faculty In no case may these pardons understand the responsibility of the
p.002015: favored with respect to individuals.
p.002015: CHAPTER 3
p.002015: OF THE VICE PRESIDENT
p.002015: Article 202. The Vice President of the Republic shall be elected by popular vote on the same day and on the same day.
p.002015: formula with the President of the Republic.
p.002015: The candidates for the second vote, if any, must be in each formula who integrated it
p.002015: in the first.
p.002015: The Vice President will have the same term as the President and replace him in his temporary or absolute absences,
p.002015: even if they are presented before possession.
p.002015: In the temporary absences of the President of the Republic it will be sufficient for the Vice President to take possession of the
p.002015: charge at the first opportunity, so you can exercise it as many times as necessary. In case of absolute lack of
p.002015: President of the Re-
p.002015: public, the Vice President will take office until
p.002015: end of period
p.002015: The President of the Republic may entrust the Vice President with missions or special orders and designate him
p.002015: in any position of the Executive Branch. The Vice President may not assume the functions of Delegate Minister.
p.002015: Article 203. In the absence of the Vice President when he was exercising the Presidency, it shall be assumed by a
p.002015: Minister in the order established by law.
p.002015: The person who in accordance with this article replaces the President, will belong to the same party or movement and
p.002015: He will hold the Presidency until the Congress, in its own right, within thirty days following the
p.002015: date on which
p.002015: From the Government, from the Vice President
p.002015: (Articles 200-203)
p.002015: 58 COLOMBIA POLITICAL CONSTITUTION
p.002015: produce the presidential vacancy, elect the Vice President, who will take possession of the Presidency of the Republic.
p.002015: Article 204. Legislative Act 02 of 2004, article 3. Article 204 of the Political Constitution will read as follows:
p.002015: To be elected Vice President the same qualities are required as to be President of the Republic.
p.002015: Legislative Act 02 of 2015, article 10. Delete subsections 2 and 3 of article 204 of the Constitution
p.002015: Politics.
p.002015: Article 205. In case of absolute absence of the Vice-President, the Congress shall meet in its own right, or by
p.002015: call of the President of the Republic, in order to choose who should replace him for the rest of the period. They are
p.002015: Absolute absences of the Vice President: his death, his resignation accepted and the permanent physical disability recognized
p.002015: for Congress
p.002015: CHAPTER 4
p.002015: OF THE MINISTERS AND DIRECTORS OF THE ADMINISTRATIVE DEPARTMENTS
p.002015: Article 206. The number, denomination and order of precedence of the ministries and departments
p.002015: Administrative will be determined by law.
p.002015: Article 207. To be minister or director of administrative department the same qualities are required
p.002015: than to be a representative to the Chamber.
...

p.002015: 11. Legislative Act 02 of 2015, article 14. Add a numeral 12 and modify the 11 of article 241 of the
p.002015: Political Constitution, which will look like this:
p.002015: 11. To resolve the conflicts of competence that
p.002015: occur between different jurisdictions.
p.002015: 12. Give your own regulation.
p.002015: Paragraph. When the Court finds procedural defects rectifiable in the formation of the act subject to its control,
p.002015: will order to return it to the authority that uttered it so that, if possible, it amends the observed defect. Corrected
p.002015: the vice shall proceed to decide on the exequibility of the act.
p.002015: Article 242. The proceedings brought before the Constitutional Court in the matters referred to in this title,
p.002015: they will be regulated by law according to the following provisions:
p.002015: 1. Any citizen may exercise the public actions provided for in the preceding article, and intervene as
p.002015: challenger or defender of the norms under control in the processes promoted by others, as well as in those
p.002015: for which there is no public action.
p.002015: 2. The Attorney General must intervene in all processes.
p.002015: 3. The actions for defects expire within one year, counted from the publication of the respective act.
p.002015: 4. Ordinarily, the Court shall have the term of sixty days to decide, and the Attorney General of the Nation, of
p.002015: Thirty to render concept.
p.002015: 5. In the processes referred to in numeral 7 of the previous article, the ordinary terms shall be reduced to
p.002015: a third party and its breach is a cause of misconduct, which will be sanctioned according to the law.
p.002015: Article 243. The decisions issued by the Court in the exercise of jurisdictional control make transit to res judicata.
p.002015: constitutional.
p.002015: Constitutional Jurisdiction
p.002015: (Articles 242-243)
p.002015: POLITICAL CONSTITUTION COLOMBIA 67
p.002015: No authority may reproduce the material content of the legal act declared unenforceable for substantive reasons,
p.002015: while the provisions that served to make the confrontation between the norm remain in the Charter
p.002015: ordinary and the Constitution.
p.002015: Article 244. The Constitutional Court shall notify the President of the Republic or the President.
p.002015: of the Congress, as the case may be, the initiation of any process aimed at examining
p.002015: constitutionality of norms dictated by them. This communication will not delay the terms of the process.
p.002015: Article 245. The Government may not confer employment on the Judges of the Constitutional Court during the period of
p.002015: exercise of their functions or within the year following their retirement.
p.002015: CHAPTER 5
p.002015: OF THE SPECIAL JURISDICTIONS
p.002015: Article 246. The authorities of indigenous peoples may exercise jurisdictional functions within their scope
p.002015: territorial, in accordance with its own rules and procedures, provided they are not contrary to the Constitution and
p.002015: laws of the Republic. The law will establish the ways of coordinating this special jurisdiction with the system
p.002015: national judicial
...

p.002015: The election of the President and Vice President may not coincide with another election. The Congress will be done on date
p.002015: separate from the choice of departmental and municipal authorities.
p.002015: Article 262. Legislative Act 02 of 2015, article 20. Article 263 of the Political Constitution will become the
p.002015: 262 and it will look like this:
p.002015: Article 262. Parties, political movements and significant groups of citizens who decide to participate in
p.002015: processes of popular election will register candidates and unique lists, whose number of members may not
p.002015: exceed that of seats or charges to be provided in the respective constituency, except in those chosen up to
p.002015: two members, which may be composed of up to three (3) candidates.
p.002015: Of Suffrage and Elections
p.002015: (Articles 258-262)
p.002015: COLOMBIA POLITICAL CONSTITUTION 73
p.002015: The selection of candidates for political parties and movements with legal status will be made through
p.002015: Internal democracy mechanisms, in accordance with the law and statutes. In the conformation of the lists
p.002015: the principles of parity, alternation and universality will be observed progressively, among others, as
p.002015: Determine the law.
p.002015: Each political party or movement may opt for the preferred voting mechanism. In such case, the voter may
p.002015: Indicate the candidate of your preference among the names on the list that appear on the electoral card. The list
p.002015: it will be reordered according to the number of votes obtained by each of the candidates. The assignment of seats
p.002015: among the members of the respective list will be done in descending order starting with the candidate who has obtained the
p.002015: greater number of preferred votes.
p.002015: In the case of political parties and movements that have opted for the preferred voting mechanism, the votes
p.002015: by the party or movement that has not been attributed by the voter to any particular candidate,
p.002015: they will count in favor of the respective list for the purposes of applying the threshold and
p.002015: distribution figure, but will not be computed for reordering the list. When the voter votes simultaneously for
p.002015: the political party or movement and by the candidate of their choice within the respective list, the vote will be
p.002015: valid and will be counted in favor of the candidate.
p.002015: The law will regulate the preponderantly state financing of campaigns, internal democracy mechanisms
p.002015: of the parties, the registration of candidates and their own or coalition lists to uninominal positions or corporations
p.002015: public, resource management and protection of the rights of applicants. The parties and
p.002015: movements
p.002015: politicians with legal status that together have obtained a vote of up to fifteen percent (15%) of the
p.002015: valid votes of the respective constituency may present a list of candidates in coalition for corporations
p.002015: public.
p.002015: Article 263. Legislative Act 02 of 2015, article 21. Article 263A of the Political Constitution will become
p.002015: be the 263 and it will look like this:
p.002015: To guarantee the equitable representation of political parties and movements and significant groups of
p.002015: citizens, the Public Corporation seats will be distributed through the distribution system
p.002015: among the lists of candidates that exceed a minimum of votes that may not be less than three percent (3%) of
p.002015: the votes valid for the Senate of the Republic or fifty percent (50%) of the electoral quotient in the
p.002015: case of the other Corporations, as established by the Constitution and the law.
p.002015: The distribution figure results from successively dividing by one, two, three or more, the number of votes for each
...

p.002015: national public bodies or entities.
p.002015: Article 303. Legislative Act 02 of 2002, article 1. Article 303 of the Political Constitution will read as follows:
p.002015: “In each of the departments there will be a Governor who will be head of the sectional administration and
p.002015: legal representative of the department; the governor will be agent of the President of the Republic for the
p.002015: maintenance of public order and for the execution of general economic policy, as well as for those matters
p.002015: that through agreements the nation agrees with the department. The governors will be popularly elected to
p.002015: institutional periods of four (4) years and may not be re-elected for the following period ”.
p.002015: The law will set the qualities, requirements, disabilities and incompatibilities of the governors;
p.002015: regulate your choice; will determine your faults
p.002015: Of the Departmental Regime
p.002015: (Articles 301-303)
p.002015: 84 POLITICAL CONSTITUTION COLOMBIA
p.002015: absolute and temporary; and how to fill in the latter and will dictate the other provisions necessary for the
p.002015: Normal performance of their positions.
p.002015: Whenever there is an absolute fault more than eighteen (18) months after the end of the period,
p.002015: He will choose governor for the remaining time. In case I miss less than eighteen
p.002015: (18) months, the President of the Republic will designate a Governor for the remainder of the period, respecting the
p.002015: party, political group or coalition by which the elected governor was registered.
p.002015: Article 304. The President of the Republic, in cases specifically indicated by law, shall suspend or
p.002015: will dismiss the governors.
p.002015: Its regime of disabilities and incompatibilities shall not be less strict than that established for the President of
p.002015: the Republic.
p.002015: Article 305. The powers of the governor are:
p.002015: 1. Comply with and enforce the Constitution, laws, government decrees and ordinances of the
p.002015: Departmental Assemblies
p.002015: 2. Direct and coordinate the administrative action of the department and act on its behalf as manager and promoter of the
p.002015: integral development of its territory, in accordance with the Constitution and laws.
p.002015: 3. Direct and coordinate national services under the conditions of the delegation conferred by the President of the
p.002015: Republic.
p.002015: 4. Timely submit to the departmental assembly the ordinance projects on plans and programs of
p.002015: economic and social development, public works and annual budget of income and expenses.
p.002015: 5. Appoint and freely remove managers or directors of public establishments and companies
p.002015: industrial or commercial department. The representatives of the department on the boards of directors of
p.002015: such agencies and their directors or managers are agents of the governor.
p.002015: 6. Promote in accordance with general plans and programs, companies, industries and activities
p.002015: suitable for cultural, social and
p.002015: economic department that do not correspond to the nation and municipalities.
...

p.002015: functions of the position or due to disregard of the requirements and citations of the District Council or
p.002015: Municipal. The motion of censure must be proposed by half plus one of the members that make up the Council
p.002015: District or Municipal. Voting will take place between the third and tenth day following the end of the debate, with
p.002015: Public hearing of the respective official. Their approval will require the affirmative vote of both
p.002015: thirds of the members that make up the Corporation. Once approved, the official will be separated from
p.002015: office. If rejected, no other may be presented on the same subject unless motivated by new facts. The
p.002015: resignation of the official with respect to which a motion of censure has been promoted does not preclude its approval
p.002015: as provided in this article.
p.002015: Of the Municipal Regime
p.002015: (Article 313)
p.002015: COLOMBIA POLITICAL CONSTITUTION 87
p.002015: Article 314. Legislative Act 02 of 2002, article 3. Article 314 of the Political Constitution will read as follows:
p.002015: In each municipality there will be a mayor, head of the local administration and legal representative of the municipality, who will be
p.002015: popularly chosen for institutional periods of four (4) years, and may not be re-elected for the period
p.002015: next.
p.002015: Whenever there is an absolute absence more than eighteen (18) months after the end of the period, the mayor shall be elected
p.002015: for the remaining time. In the absence of less than eighteen (18) months, the governor will appoint a mayor to
p.002015: the remainder of the period, respecting the party, political group or coalition for which the mayor was registered
p.002015: chosen one.
p.002015: The president and the governors, in the cases specifically indicated by the law, will suspend or dismiss the
p.002015: mayors.
p.002015: The law shall establish the penalties that may be incurred for the improper exercise of this attribution.
p.002015: Article 315. The powers of the mayor are:
p.002015: 1. Comply with and enforce the Constitution, the law, government decrees, ordinances, and agreements
p.002015: of the council.
p.002015: 2. Maintain public order in the municipality, in accordance with the law and the instructions and orders received from the
p.002015: President of the Republic and the respective governor. The mayor is the first police authority in the municipality.
p.002015: The National Police will promptly and diligently comply with the orders issued by the mayor through the
p.002015: respective commander.
p.002015: 3. Direct the administrative action of the municipality; ensure the fulfillment of the functions and the provision of
p.002015: the services at your expense; represent it judicially and extrajudicially; and appoint and move officials
p.002015: under its dependence and to the managers or directors of public establishments and industrial enterprises or
p.002015: commercial premises, in accordance with the relevant provisions.
p.002015: 4. Suppress or merge municipal entities and agencies, in accordance with the respective agreements.
p.002015: 5. Submit timely to the Council the draft agreements on development plans and programs
...

p.002015: district in localities, according to the social characteristics of its inhabitants, and will do the
p.002015: corresponding distribution of powers and administrative functions.
p.002015: The district authorities will be responsible for ensuring the harmonious and integrated development of the city and
p.002015: the efficient provision of services by the District; to local, affairs management
p.002015: typical of its territory.
p.002015: Article 323. Legislative Act 02 of 2002, article 5. Article 323 of the Political Constitution will read as follows:
p.002015: Legislative Act 03 of 2007, article 1. Section 1 of article 323 of the Political Constitution shall remain
p.002015: Thus: The District Council shall consist of forty-five (45) councilors.
p.002015: In each of the locations there will be a popularly elected administrative board for periods of four (4)
p.002015: years that will be integrated by no less than seven councilors, as determined by the district council, attended the
p.002015: respective population.
p.002015: The election of Mayor Mayor, district councilors and mayor will be made on the same day for periods of
p.002015: four (4) years and the mayor may not be re-elected for the following period.
p.002015: Whenever there is an absolute fault more than eighteen (18) months after the end of the period, the period will be chosen
p.002015: Mayor for the time remaining. In case I miss less than eighteen
p.002015: (18) months, the President of the Republic will appoint mayor mayor for the remainder of the period, respecting the
p.002015: party, political group or coalition by which the elected mayor was registered.
p.002015: The local mayors will be appointed by the mayor of terna sent by the corresponding board
p.002015: administrator.
p.002015: In the cases specifically indicated by law, the President of the Republic will suspend or destine the Mayor
p.002015: Higher.
p.002015: Councilors and councilors may not be part of the boards of directors of the decentralized entities.
p.002015: Article 324. The local administrative boards shall distribute and appropriate the global items that in the
p.002015: Annual budget of the District is allocated to the localities taking into account the unmet basic needs
p.002015: of its population
p.002015: On the departmental income that is generated in Santa Fe de Bogotá, the law will determine the participation that
p.002015: It corresponds to the capital of the Republic. Such participation may not exceed that established on the date
p.002015: of validity of this Constitution.
p.002015: Article 325. In order to guarantee the execution of integral development plans and programs and the provision
p.002015: timely and efficient of the services under its charge, under the conditions established by the Constitution and the law, the
p.002015: Distrito Capital may form a metropolitan area with the surrounding municipalities and a region with other
p.002015: territorial entities of a departmental nature.
p.002015: Article 326. The surrounding municipalities may join the Capital District if they so decide.
p.002015: Of the Special Regime
p.002015: (Articles 322-326)
p.002015: 90 COLOMBIA POLITICAL CONSTITUTION
p.002015: citizens who reside in them end by voting that will take place when the district council has
...

p.001991: the State Council shall elect the members of the National Electoral Council in proportion to the representation that
p.001991: reach political parties and movements in the Congress of the Republic.
p.001991: Said Council shall remain in the exercise of its
p.001991: functions until September 1, 1994.
p.001991: Transitory article 32. While the National Electoral Council is integrated in the terms
p.001991: established by the Constitution, the current composition of this body will be expanded with four members
p.001991: appointed by the State Council, from lists submitted by parties and movements that are not found
p.001991: represented therein, in the proportion of the results of the elections held on December 9,
p.001991: 1990, granting two to the majority list and one to each of the unrepresented lists that followed in votes.
p.001991: Such appointments must be made before July 15, 1991.
p.001991: Transitory dispositions
p.001991: (Articles 28-32)
p.001991: POLITICAL CONSTITUTION COLOMBIA 111
p.001991: Transitory article 33. The period of the current National Registrar of Civil Status ends on September 30,
p.001994: 1994
p.001994: The period of the National Registrar of the Civil Status referred to in this Constitution will start counting from
p.001994: from October 1, 1994.
p.001994: Transitory article 34. The President of the Republic, within a term not exceeding eight business days counted from
p.001994: from the promulgation of this Constitution, it will designate, for a period of three years, a citizen who will have the
p.001994: function to prevent ex officio, or at the request of a party, the use of resources originally from the treasury
p.001994: public, or from abroad, in the electoral campaigns that are carried out in the indicated term, except
p.001994: the financing of the electoral campaigns according
p.001994: to the Constitution or the law. For this purpose, you will have the right to request and obtain the collaboration of the Attorney General's Office.
p.001994: General of the Nation, of the Comptroller General of the Republic, of all public entities that exercise
p.001994: attributions of control and surveillance and of the bodies that exercise judicial police functions.
p.001994: The President of the Republic will regulate this rule and will give the designated citizen all the support
p.001994: administrative and financial that is indispensable.
p.001994: Transitory article 35. The National Electoral Council will automatically recognize legal personality to the
p.001994: political parties and movements represented in the National Constituent Assembly upon request.
p.001994: CHAPTER 5
p.001994: Transitory article 36. The current Comptroller General of the Republic and Attorney General of the Nation
p.001994: they will continue in the exercise of their positions, until the Congress elected for the constitutional period of
p.001994: 1994-1998, make the new election, which you must make within
p.001994: of the first thirty days following its installation.
p.001994: Transitory article 37. The first Ombudsman will be elected by the Attorney General of the Nation, from terna
p.001994: sent by the President of the Republic, within a period not exceeding thirty days.
...

p.001994: establish the cases, requirements and conditions in which the suspension of the execution of the sentence would proceed;
p.001994: establish the cases in which the application of extrajudicial sanctions, alternative penalties, or
p.001994: special modalities of execution and enforcement of the sentence; and authorize the conditional waiver of the persecution
p.001994: criminal court of all cases not selected. The statutory law will take into account the seriousness and
p.001994: representativeness of the cases to determine the selection criteria.
p.001994: In any case, special criminal treatment through the application of constitutional instruments such as
p.001994: Previous will be subject to the fulfillment of conditions such as the abandonment of weapons, recognition
p.001994: of responsibility, the contribution to the clarification of the truth and the integral reparation of the victims, the
p.001994: release of the hostages, and the untying of the unlawfully recruited minors who are
p.001994: train held by armed groups outside the law.
p.001994: Paragraph 1. In the cases of the application of transitional justice instruments to armed groups outside
p.001994: of the law that has participated in the hostilities, this will be limited to those who demobilize
p.001994: collectively within the framework of a peace agreement or to those who demobilize individually
p.001994: compliance with established procedures and with the authorization of the national Government.
p.001994: Paragraph 2. In no case may transitional justice instruments be applied to armed groups to the
p.001994: margin of law that has not been a party to the internal armed conflict, nor to any member of a group
p.001994: armed that once demobilized continue to commit crime.
p.001994: Transitory dispositions
p.001994: (Article 66)
p.001994: POLITICAL CONSTITUTION COLOMBIA 117
p.001994: Transitory article 67. Legislative Act 01 of 2012, article 3. The Political Constitution will have a new article
p.001994: transitory that will be 67, like this: A statutory law will regulate what the crimes considered related to the crime will be
p.001994: politician for purposes of the possibility of participating in politics. They cannot be considered related to crime
p.001994: political crimes that acquire the connotation of crimes against humanity and genocide committed in a manner
p.001994: systematically, and therefore those who have been convicted and cannot be elected to politics or elected
p.001994: Selected for these crimes.
p.001994: Legislative Act 01 of 2012, article 2. Transient. Once the national government presents to the Congress of the
p.001994: Republic the first bill authorizing the application of criminal instruments established in
p.001994: In paragraph 4 of article 1 of this legislative act, Congress will have four (4) years to deliver all
p.001994: the laws that regulate this matter.
p.001994: Legislative Act 2 of 2015, article 18. Transitional. The national government must present before
...

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p.000007: Political constitution
p.000007: from Colombia
p.000007: rttad O
p.000007: www.corteconstitucional.gov.co
p.000007: Political Constitution of Colombia
p.000007: Updated with the Legislative Acts to 2015
p.000007: Special edition prepared by the Constitutional Court
p.000007: Superior Council of the Judiciary, Administrative Room Judicial Documentation Center (Cendoj)
p.000007: Enrique Low Murtra-Belm Library Collection title: Normatividad 5 ISSN:
p.000007: 2344-8997
p.000007: Edited by: Constitutional Court
p.000007: Superior Council of the Judiciary Administrative Chamber - Cendoj
p.000007: This publication was made by the National Press at the request of the Constitutional Court
p.000007: and its total or partial reproduction is prohibited.
p.000007: Content
p.000007: Presentation
p.000007: 7
p.000007: List of legislative acts issued from 1992 to 2015 9
p.000007: Preamble
p.000013: 13
p.000013: Title I
p.000013: Of the Fundamental Principles Title II
p.000013: Of rights, guarantees and duties
p.000013: Chapter 1. Of the fundamental principles
p.000013: fifteen
p.000013: Chapter 2. Social, economic and cultural rights
p.000018: 18
p.000018: Chapter 3. Collective and environmental rights
p.000025: 25
p.000025: Chapter 4. Protection and application of rights
p.000026: 26
p.000026: Chapter 5. Duties and obligations
p.000027: 27
p.000027: Title III
p.000027: Of the Inhabitants and the Territory
p.000027: Chapter 1. Nationality
p.000028: 28
p.000028: Chapter 2. Citizenship
p.000029: 29
p.000029: Chapter 3. Foreigners
p.000029: 29
p.000029: Chapter 4. Territory
p.000029: 29
p.000029: Title IV
p.000029: On democratic participation and political parties
p.000029: Chapter 1. On the forms of democratic participation
p.000030: 30
p.000030: Chapter 2. On Parties and Political Movements
p.000030: 30
p.000030: Chapter 3. Of the Statute of the Opposition
p.000033: 33
p.000033: 4 COLOMBIA POLITICAL CONSTITUTION
p.000033: Title V
p.000033: Of the organization of the State
p.000033: Chapter 1. On the Structure of the State
p.000035: 35
p.000035: Chapter 2. Public Function
p.000036: 36
p.000036: Title VI
p.000036: Of the Legislative Branch
p.000036: Chapter 1. Composition and functions
p.000039: 39
p.000039: Chapter 2. Meeting and operation
p.000041: 41
p.000041: Chapter 3. Of the laws
p.000042: 42
p.000042: Chapter 4. Of the Senate of the Republic
p.000048: 48
p.000048: Chapter 5. Of the House of Representatives
p.000049: 49
p.000049: Chapter 6. Of the congressmen
p.000052: 52
p.000052: Title VII
p.000052: From the Executive Branch
p.000052: Chapter 1 . From the President of the Republic
p.000054: 54
p.000054: Chapter 2. Government
p.000057: 57
p.000057: Chapter 3. Vice President
p.000057: 57
p.000057: Chapter 4. Of the Ministers and Directors of the Administrative Departments 58
p.000057: Chapter 5. Administrative function
p.000058: 58
p.000058: Chapter 6. Exception States
p.000059: 59
p.000059: Chapter 7. Public Force
p.000061: 61
p.000061: Chapter 8. International Relations
p.000062: 62
p.000062: Title VIII
p.000062: Of the Judicial Branch
p.000062: Chapter 1. General provisions
p.000063: 63
p.000063: Episode 2 . Of the Ordinary Jurisdiction
p.000064: 64
p.000064: Chapter 3. Administrative Contentious Jurisdiction
p.000064: 64
p.000064: Chapter 4. Constitutional Jurisdiction
p.000065: 65
p.000065: Chapter 5. Special Jurisdictions
p.000067: 67
p.000067: Chapter 6 . From the Attorney General's Office
p.000067: 67
p.000067: Chapter 7. Government and Administration of the Judicial Branch
p.000069: 69
p.000069: POLITICAL CONSTITUTION COLOMBIA 5
p.000069: Title IX
p.000069: Of the elections and the electoral organization
p.000069: Chapter 1. Suffrage and Elections
p.000072: 72
p.000072: Chapter 2. Electoral Authorities
p.000073: 73
p.000073: Title X
p.000073: Of the control agencies
p.000073: Chapter 1. Of the Comptroller General of the Republic
p.000076: 76
p.000076: Chapter 2. Of the Public Ministry
p.000078: 78
p.000078: Title XI
p.000078: Of the territorial organization
p.000078: Chapter 1. General provisions
p.000080: 80
p.000080: Chapter 2. Departmental Regime
p.000081: 81
p.000081: Chapter 3 . Of the Municipal Regime
p.000085: 85
p.000085: Chapter 4. Special Regime
p.000089: 89
p.000089: Title XII
p.000089: On the economic regime and public finance
p.000089: Chapter 1. General provisions
p.000091: 91
p.000091: Chapter 2. Development Plans
p.000092: 92
p.000092: Chapter 3. Budget
p.000094: 94
p.000094: Chapter 4. Distribution of resources and competencies
p.000096: 96
p.000096: Chapter 5. The social purpose of the State and public services 103
p.000096: Chapter 6. Of the Central Bank
p.000103: 103
p.000103: Title XIII
p.000103: On the reform of the Constitution Transitional provisions
p.000103: Chapter 1
p.000106: 106
p.000106: Episode 2
p.000108: 108
p.000108: Chapter 3
p.000109: 109
p.000109: Chapter 4
p.000110: 110
p.000110: Chapter 5
p.000111: 111
p.000111: 6 COLOMBIA POLITICAL CONSTITUTION
p.000111: Chapter 6
p.000111: 111
p.000111: Chapter 7
p.000112: 112
p.000112: Chapter 8
p.000113: 113
p.000113: List of the honorable constituents
p.000119: 119
p.000119: Presentation
p.000119: The Political Constitution of Colombia, 2015 edition, includes the last two constitutional reforms and Acts
p.000119: Legislatives issued by the Congress of the Republic.
p.000119: POLITICAL CONSTITUTION COLOMBIA 9
p.000119: RELATIONSHIP OF LEGISLATIVE ACTS ISSUED FROM 1992 TO 2015
p.000119: Consecutive Standard Source Title
p.000119: 1 Legislative Act 1 of 1993
p.000119: Official Journal 40995-1
p.000119: 2 Legislative Act 2 of 1993
p.000119: Official Journal 41117
p.000119: 3 Legislative Act 3 of 1993
p.000119: Official Journal 41140-1
p.000119: 4 Legislative Act 1 of 1995
p.000119: Official Journal 42132
p.000119: 5 Legislative Act 2 of 1995
p.000119: Official Journal 42159
p.000119: 6 Legislative Act 1 of 1996
p.000119: Official Journal 42688
p.000119: 7 Legislative Act 1 of 1997
p.000119: Official Journal 43195
p.000119: 8 Legislative Act 1 of 1999
p.000119: Official Journal 43662-11
p.000119: 9 Legislative Act 1 of 2000
p.000119: Official Journal 44138-1
p.000119: 10 Legislative Act 2 of 2000
p.000119: Official Journal 44133-1
p.000119: 11 Legislative Act 1 of 2001
p.000119: Official Journal 44506-1
p.000119: 12 Legislative Act 2 of 2001
p.000119: Official Journal 44663-2
p.000119: 13 Legislative Act 1 of 2002
p.000119: Official Journal 44693-10
p.000119: 14 Legislative Act 2 of 2002
p.000119: Official Journal 44893-48
p.000119: 15 Legislative Act 3 of 2002
p.000119: Official Journal 45040-1
p.000119: 16 Legislative Act 1 of 2003
p.000119: Official Journal 45237-1
p.000119: 17 Legislative Act 2 of 2003
p.000119: Official Journal 45406-1
p.000119: Through which the city of Barranquilla, capital of the department of Atlántico, in the Special District is erected,
p.000119: Industrial and Port.
p.000119: By which temporary measures are adopted.
p.000119: By which articles 134 and 261 of the Political Constitution of Colombia are added.
p.000119: By which article 357 of the Political Constitution is added.
p.000119: By means of which article 221 of the Political Constitution is added.
p.000119: By which articles 299 and 300 are modified
p.000119: of the Political Constitution.
p.000119: By means of which article 35 is amended
p.000119: of the Political Constitution.
p.000119: Note: Declared Partially Unavailable
p.000119: By which article 58 of the Political Constitution is amended.
p.000119: By which subsection 1 of article 322 is modified
p.000119: of the Political Constitution of Colombia.
p.000119: By which Article 52 of the
p.000119: Political Constitution of Colombia.
p.000119: By which some articles of the
p.000119: Political constitution.
p.000119: By means of which article 93 of the Constitution is added.
p.000119: By which article 96 of the National Constitution is amended.
p.000119: By which the period of governors, deputies, mayors, councilors and councilors is modified.
p.000119: By which the National Constitution is reformed.
p.000119: By which a Constitutional Political Reform is adopted and other provisions are dictated. Note: Declared Unavailable
p.000119: Article 17
p.000119: By means of which articles 15 are modified,
p.000119: 24, 28 and 250 of the Political Constitution of Colombia, to confront terrorism.
p.000119: Note: Declared Unavailable in its entirety
p.000119: 10 COLOMBIA POLITICAL CONSTITUTION
p.000119: Consecutive 18
p.000019: 19
p.000019: twenty
p.000019: twenty-one
p.000022: 22
p.000022: 2. 3
p.000024: 24
p.000025: 25
p.000026: 26
p.000027: 27
p.000028: 28
p.000029: 29
p.000030: 30
p.000031: 31
p.000032: 32
p.000033: 33
p.000033: Norma Source Legislative Act 1 of 2004
p.000033: Official Journal 45424-1
p.000033: Legislative Act 2 of 2004
p.000033: Official Journal 45775-19
p.000033: Legislative Act 1 of 2005
p.000033: Official Journal 45980
p.000033: Legislative Act 2 of 2005
p.000033: Official Journal 45980
p.000033: Legislative Act 3 of 2005
p.000033: Official Journal 46136
p.000033: Legislative Act 1 of 2007
p.000033: Official Journal 46672
p.000033: Legislative Act 2 of 2007
p.000033: Official Journal 46681
p.000033: Legislative Act 3 of 2007
p.000033: Official Journal 46685
p.000033: Legislative Act 4 of 2007
p.000033: Official Journal 46686
p.000033: Legislative Act 1 of 2008
p.000033: Official Journal 47214
p.000033: Legislative Act 1 of 2009
p.000033: Official Journal 47410
p.000033: Legislative Act 2 of 2009
p.000033: Official Journal 47570
p.000033: Legislative Act 1 of 2011
p.000033: Official Journal 48086
p.000033: Legislative Act 2 of 2011
p.000033: Official Gazette 48107
p.000033: Legislative Act 3 of 2011
p.000033: Official Gazette 48117
p.000033: Legislative Act 4 of 2011
p.000033: Official Gazette 48123
p.000033: Title Loss of Political Rights.
p.000033: By which some articles of the Political Constitution of Colombia are reformed and other provisions are dictated.
p.000033: By which article 48 of the Political Constitution is added.
p.000033: By which article 176 of the Political Constitution is modified.
p.000033: By which article 176 of the Political Constitution is modified.
p.000033: By means of which numerals 8 and 9 of article 135 are modified, articles 299 and 312 are modified, and
p.000033: they add two numbers to articles 300 and 313 of the Political Constitution of Colombia.
p.000033: Through which the city of Buenaventura is organized as a special industrial, port and biodiverse district
p.000033: By means of which article 323 of the
p.000033: Political constitution.
p.000033: By which articles 356 and 357 of the Political Constitution are amended.
p.000033: Through which article 125 of the Political Constitution is added.
p.000033: Note: Declared Unavailable
p.000033: By which articles are modified and added
p.000033: of the Political Constitution of Colombia.
p.000033: By which article 49 of the Political Constitution is amended.
p.000033: By which the paragraph of article 183 of the Political Constitution of Colombia is added.
p.000033: Note: Declared Partially Unavailable
p.000033: By which Article 76 is repealed and the
p.000033: Article 77 of the Political Constitution of Colombia.
p.000033: By which the principle of sustainability is established
p.000033: fiscal bility
p.000033: Through which a transitory article is incorporated into the Political Constitution of Colombia.
p.000033: Note: Declared Unavailable
p.000033: COLOMBIA POLITICAL CONSTITUTION 11
p.000033: Consecutive 34
p.000035: 35
p.000036: 36
p.000037: 37
p.000038: 38
p.000039: 39
p.000040: 40
p.000040: Norma Source Legislative Act 5 of 2011
p.000040: Official Gazette 48134
p.000040: Legislative Act 6 of 2011
p.000040: Official Gazette 48263
p.000040: Legislative Act 1 of 2012
p.000040: Official Gazette 48508
p.000040: Legislative Act 2 of 2012
p.000040: Official Gazette 48657
p.000040: Legislative Act 1 of 2013
p.000040: Official Gazette 48852
p.000040: Legislative Act 1 of 2015
p.000040: Official Journal 49554
p.000040: Legislative Act 2 of 2015
p.000040: Official Journal 49560
p.000040: Title
p.000040: By which the General System of Royalties is constituted, articles 360 and 361 of the Constitution are modified
p.000040: Policy and other provisions on the Royalty and Compensation Regime.
p.000040: By which numeral 4 of article 235, article 250 and numeral 1 of article 251 of the Constitution is amended
p.000040: Politics.
p.000040: By means of which legal instruments of transitional justice are established within the framework of article 22 of the
p.000040: Political Constitution and other provisions are dictated.
p.000040: By which articles 116, 152 and 221 of the Political Constitution of Colombia are reformed.
p.000040: Note: Declared Unavailable
p.000040: By which article 176 of the Political Constitution is modified, to strengthen representation in Congress
p.000040: of the Republic of Colombians residing abroad.
p.000040: By which article 221 of the Political Constitution of Colombia is reformed.
p.000040: Through which a reform of balance of powers and institutional readjustment is adopted and others are issued
p.000040: dispositions
p.000040: Republic of Colombia Constitutional Court Current judges
p.002015: 2015
p.002015: President (e) María Victoria Calle Correa Vice President (e) Luis Guillermo Guerrero Pérez
p.002015: Judge Mauricio González Cuervo
p.002015: Judge Gabriel Eduardo Mendoza Martelo
p.002015: Judge Gloria Stella Ortiz Delgado
p.002015: Judge Jorge Iván Palacio Palacio
p.002015: Judge Jorge Ignacio Pretelt Chaljub
p.002015: Judge Alberto Rojas Ríos
p.002015: Judge Luis Ernesto Vargas Silva
p.002015: COLOMBIA POLITICAL CONSTITUTION 13
p.002015: PREAMBLE
p.002015: THE PEOPLE OF COLOMBIA,
p.002015: in exercise of his sovereign power, represented by his delegates to the National Assembly
p.002015: Constituent, invoking the protection of God, and in order to strengthen the unity of the nation and ensure
p.002015: to its members life, coexistence, work, justice, equality, knowledge,
p.002015: freedom and peace, within a legal, democratic and participatory framework that guarantees a political order,
p.002015: economic and social fair, and committed to promoting the integration of the Latin American community, decrees, sanctions
p.002015: and promulgates the following:
p.002015: Political Constitution of Colombia
p.002015: TITLE I
p.002015: OF THE FUNDAMENTAL PRINCIPLES
p.002015: Article 1 Colombia is a social state of law, organized in the form of a unitary Republic,
p.002015: decentralized, with autonomy of its territorial, democratic, participatory and pluralistic entities, founded
p.002015: in respect for human dignity, in the work and solidarity of the people who integrate it and in the
p.002015: prevalence of general interest.
p.002015: Article 2 The essential purposes of the State are: to serve the community, promote general prosperity and guarantee
p.002015: the effectiveness of the principles, rights and duties enshrined in the Constitution; facilitate the
p.002015: participation of all in the decisions that affect them and in economic, political, administrative and
p.002015: cultural of the nation; defend national independence, maintain territorial integrity and ensure coexistence
p.002015: peaceful and the validity of a fair order.
p.002015: The authorities of the Republic are instituted to protect all persons residing in Colombia, in their
p.002015: life, honor, assets, beliefs, and other rights and freedoms, and to ensure the fulfillment of duties
p.002015: State social and private.
p.002015: Article 3 Sovereignty resides exclusively in the people, from which public power emanates. The people the
p.002015: exercises directly or through its representatives, in the terms established by the Constitution.
p.002015: Article 4 The Constitution is a norm of norms. In any case of incompatibility between the Constitution and the law
p.002015: or other legal norm, the constitutional provisions will apply.
p.002015: It is the duty of nationals and foreigners in Colombia to abide by the Constitution and laws, and respect and
p.002015: obey the authorities.
p.002015: Of the Fundamental Principles
p.002015: (Articles 1-4)
p.002015: 14 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 5 The State recognizes, without discrimination, the primacy of the inalienable rights of the person
p.002015: and protects the family as a basic institution of society.
p.002015: Article 6 Individuals are only liable to the authorities for violating the Constitution and laws.
p.002015: Public servants are for the same cause and for omission or overreach in the exercise of their functions.
p.002015: Article 7 The State recognizes and protects the ethnic and cultural diversity of the Colombian nation.
p.002015: Article 8 It is the obligation of the State and of the people to protect the cultural and natural wealth of the nation.
p.002015: Article 9 The external relations of the State are based on national sovereignty, respecting the
p.002015: self-determination of peoples and in the recognition of the principles of international law accepted by
p.002015: Colombia.
p.002015: Similarly, Colombia's foreign policy will be oriented towards Latin American and Caribbean integration.
p.002015: Article 10. Spanish is the official language of Colombia. The languages ​​and dialects of ethnic groups are
p.002015: also officers in their territories. Teaching taught in communities with linguistic traditions
p.002015: Own will be bilingual.
p.002015: Of the Fundamental Principles
p.002015: (Articles 5-10)
p.002015: COLOMBIA POLITICAL CONSTITUTION 15
p.002015: TITLE II
p.002015: OF RIGHTS, GUARANTEES AND DUTIES
p.002015: CHAPTER 1
p.002015: OF FUNDAMENTAL RIGHTS
p.002015: Article 11. The right to life is inviolable. There will be no death penalty.
p.002015: Article 12. No one shall be subjected to enforced disappearance, torture or cruel, inhuman or cruel treatment or punishment.
p.002015: degrading
p.002015: Article 13. All persons are born free and equal before the law, they will receive the same protection and treatment from
p.002015: authorities and will enjoy the same rights, freedoms and opportunities without discrimination for reasons
p.002015: of sex, race, national or family origin, language, religion, political or philosophical opinion.
p.002015: The State will promote the conditions so that equality is real and effective and will adopt measures in favor of groups
p.002015: discriminated against or marginalized.
p.002015: The State will especially protect those people who, due to their economic, physical or mental condition, are
p.002015: they find themselves in a circumstance of manifest weakness and will punish the abuses or mistreatment against them
p.002015: They commit
p.002015: Article 14. Everyone has the right to recognition of their legal personality.
p.002015: Article 15. All persons have the right to their personal and family privacy and to their good name, and the State
p.002015: You must respect them and make them respect. Similarly, they have the right to know, update and rectify the
p.002015: information that has been collected about them in data banks and in archives of public and private entities.
p.002015: In the collection, processing and circulation of data, freedom and other guarantees enshrined in
p.002015: the Constitution.
p.002015: Correspondence and other forms of private communication are inviolable. They can only be intercepted or
p.002015: registered by court order, in cases and with the formalities established by law.
p.002015: For tax or judicial purposes and for cases of inspection, surveillance and intervention by the State
p.002015: the presentation of accounting books and other private documents may be required, in the terms indicated by the
p.002015: law.
p.002015: Article 16. All persons have the right to the free development of their personality without further limitations than
p.002015: that impose the rights of others and the legal order.
p.002015: Article 17. Slavery, servitude and trafficking in human beings in all its forms are prohibited.
p.002015: Article 18. Freedom of conscience is guaranteed. No one will be disturbed because of their convictions or
p.002015: beliefs neither compelled to reveal them nor forced to act against their conscience.
p.002015: Article 19. Freedom of religion is guaranteed. Everyone has the right to freely profess their religion and to
p.002015: spread it individually or collectively.
p.002015: All religious confessions and churches are equally free before the law.
p.002015: On the Rights, Guarantees and Duties
p.002015: (Articles 11-19)
p.002015: 16 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 20. All persons are guaranteed the freedom to express and disseminate their thoughts and opinions, that of
p.002015: inform and receive fair and impartial information, and to establish mass media.
p.002015: These are free and have social responsibility. The right to rectification is guaranteed under conditions of
p.002015: equity. There will be no censorship.
p.002015: Article 21. The right to honor is guaranteed. The law shall specify the form of protection.
p.002015: Article 22. Peace is a right and a duty of mandatory compliance.
p.002015: Article 23. Everyone has the right to submit respectful petitions to the authorities for reasons of
p.002015: general or particular interest and to obtain prompt resolution. The legislator may regulate its exercise before
p.002015: private organizations to guarantee fundamental rights.
p.002015: Article 24. Every Colombian, with the limitations established by law, has the right to circulate freely for
p.002015: the national territory, to enter and leave it, and to remain and reside in Colombia.
p.002015: Article 25. Work is a right and a social obligation and enjoys, in all its forms, the special
p.002015: State protection Everyone has the right to work in decent and fair conditions.
p.002015: Article 26. Everyone is free to choose a profession or trade. The law may require certificates of competence. The
p.002015: Competent authorities will inspect and monitor the practice of professions. Occupations, arts and
p.002015: trades that do not require academic training are free exercise, except those that involve a risk
p.002015: Social.
p.002015: Legally recognized professions can be organized in schools. The internal structure and operation of
...

p.002015: The person detained preventively will be made available to the competent judge within thirty-three
p.002015: six hours later, for this to adopt the corresponding decision in the term established by law.
p.002015: In no case may there be detention, imprisonment or arrest for debts, nor penalties and security measures
p.002015: imprescriptibles
p.002015: Article 29. Due process shall apply to all kinds of judicial and administrative proceedings.
p.002015: No one may be tried except in accordance with laws preexisting the act that is imputed to him, before a competent judge or tribunal and
p.002015: with observance of the fullness of the forms specific to each trial.
p.002015: In criminal matters, permissive or favorable law, even if it is later, will apply in preference to the
p.002015: restrictive or unfavorable.
p.002015: Every person is presumed innocent until he has been convicted. Whoever
p.002015: The union is entitled to the defense and assistance of a lawyer chosen by him, or ex officio, during the
p.002015: investigation and prosecution; to due public process without undue delay; to present evidence and to
p.002015: to dispute those that come against him; to challenge the conviction, and not to be tried twice for
p.002015: The same fact.
p.002015: The evidence obtained in violation of due process is null and void.
p.002015: Article 30. Whoever was deprived of his freedom, and believed to be illegally, has the right to invoke before
p.002015: any judicial authority, at all times, by itself or by an interposed person, the habeas
p.002015: On the Rights, Guarantees and Duties
p.002015: (Articles 20-30)
p.002015: COLOMBIA POLITICAL CONSTITUTION 17
p.002015: corpus, which must be resolved within thirty-six hours.
p.002015: Article 31. Any judicial sentence may be appealed or consulted, except for the exceptions established by law.
p.002015: The superior cannot aggravate the penalty imposed when the convicted person is the sole appellant.
p.002015: Article 32. The offender caught in flagrancy may be apprehended and brought before the judge by any
p.002015: person. If the authorities of the authority persecute him and take refuge in his own domicile, they may enter it,
p.002015: for the act of apprehension; if it is hosted by another person, it must precede the resident's requirement.
p.002015: Article 33. No one may be compelled to testify against himself or his spouse, permanent partner or
p.002015: relatives within the fourth degree of consanguinity, second of affinity or first civil.
p.002015: Article 34. Discrimination penalties are prohibited.
p.002015: Rro, life imprisonment and confiscation.
p.002015: However, by judicial decision, the domain of the assets acquired by means of
p.002015: illicit enrichment, to the detriment of the public treasury or with serious deterioration of social morals.
p.002015: Article 35. Legislative Act No. 01 of 1997, article 1. Article 35 of the Political Constitution will read as follows:
p.002015: Extradition may be requested, granted or offered in accordance with public treaties and, failing that, with the
p.002015: law.
p.002015: In addition, the extradition of Colombians by birth will be granted for crimes committed abroad,
p.002015: considered as such in the Colombian criminal legislation.
p.002015: Extradition shall not apply for political crimes.
p.002015: Extradition shall not proceed in the case of facts committed prior to the promulgation of this.
p.002015: rule.
p.002015: Article 36. The right of asylum is recognized in the terms provided by law.
p.002015: Article 37. Every part of the people can meet and demonstrate publicly and peacefully. Only the law can
p.002015: expressly establish the cases in which the exercise of this right may be limited.
p.002015: Article 38. The right of free association is guaranteed for the development of the different activities that the
p.002015: People perform in society.
p.002015: Article 39. Workers and employers have the right to form unions or associations, without intervention
p.002015: of the State. Its legal recognition will occur with the simple registration of the charter.
p.002015: The internal structure and functioning of trade unions and social and trade organizations will be subject to the
p.002015: legal order and democratic principles.
p.002015: The cancellation or suspension of legal status only proceed by judicial means.
p.002015: Trade union representatives are recognized the jurisdiction and other guarantees necessary for the fulfillment of their
p.002015: management.
p.002015: Members of the Public Force do not enjoy the right to unionize.
p.002015: Article 40. Every citizen has the right to participate in the formation, exercise and control of political power.
p.002015: To realize this right, you can:
p.002015: 1. Choose and be chosen.
p.002015: 2. Take part in elections, referendums, referendums, popular consultations and other forms of participation
p.002015: Democratic
p.002015: 3. Establish political parties, movements and groups without any limitation; be part of them
p.002015: freely and spread your ideas and programs.
p.002015: 4. Revoke the mandate of the elect in cases and in the manner established by the Constitution and the law.
p.002015: On the Rights, Guarantees and Duties
p.002015: (Articles 31-40)
p.002015: 18 COLOMBIA POLITICAL CONSTITUTION
p.002015: 5e.nerTinitiative in public corporations.
p.002015: 6. Filing public actions in defense of the Constitution and the law.
p.002015: 7. Access to the performance of public functions and offices, except for Colombians, by birth or by adoption, which
p.002015: have dual nationality. The law will regulate this exception and determine the cases to which it is applicable.
p.002015: fall off
p.002015: The authorities shall ensure the adequate and effective participation of women in the mandatory levels of the
p.002015: Public administration.
p.002015: Article 41. In all educational institutions, official or private, the study of the
p.002015: Constitution and Civic Instruction. Likewise, democratic practices for the learning of the
p.002015: principles and values ​​of citizen participation. The State will disclose the Constitution.
p.002015: EPISODE 2
p.002015: OF SOCIAL, ECONOMIC AND CULTURAL RIGHTS
p.002015: Article 42. The family is the fundamental nucleus of society. It is constituted by natural bonds or
p.002015: legal, by the free decision of a man and a woman to marry or by the responsible will of
p.002015: conform it.
p.002015: The State and society guarantee the integral protection of the family. The law may determine the marriage
p.002015: family inalienable and unattachable.
p.002015: The honor, dignity and intimacy of the family are inviolable.
...

p.002015: yuges, their separation and the dissolution of the bond, are governed by civil law.
p.002015: Religious marriages will have civil effects in the terms established by law.
p.002015: The civil effects of any marriage will cease by divorce in accordance with civil law.
p.002015: The nullity sentences of the religious marriages issued by the
p.002015: authorities of the respective religion, in the terms established by law.
p.002015: The law will determine what is related to the marital status of the persons and the consequent rights and duties.
p.002015: Article 43. Women and men have equal rights and opportunities. The woman cannot be subjected to
p.002015: No discrimination During pregnancy and after delivery you will enjoy special assistance and
p.002015: State protection, and you will receive this food subsidy if you were unemployed or
p.002015: helpless
p.002015: The State will support the head of the woman in a special way.
p.002015: Article 44. The fundamental rights of children are: life, physical integrity, health and social security,
p.002015: balanced food, his name and nationality, having a family and not being
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 41-44)
p.002015: COLOMBIA POLITICAL CONSTITUTION 19
p.002015: separated from her, care and love, education and culture, recreation and free expression of her
p.002015: opinion. They will be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse,
p.002015: labor or economic exploitation and hazardous work. They will also enjoy the other rights enshrined in the
p.002015: Constitution, in the laws and international treaties ratified by Colombia.
p.002015: The family, society and the State have the obligation to assist and protect the child to guarantee their development
p.002015: harmonious and integral and the full exercise of their rights. Anyone can demand authority
p.002015: competent compliance and sanction of offenders.
p.002015: The rights of children prevail over the rights of others.
p.002015: Article 45. The adolescent has the right to protection and integral training.
p.002015: The State and society guarantee the active participation of young people in public organizations and
p.002015: private persons in charge of the protection, education and progress of youth.
p.002015: Article 46. The State, society and the family shall concur for the protection and assistance of the persons of the
p.002015: senior citizens and will promote their integration into active and community life.
p.002015: The State will guarantee the services of comprehensive social security and food subsidy in case of
p.002015: indigence.
p.002015: Article 47. The State shall advance a policy of social security, rehabilitation and integration for the disabled.
p.002015: physical, sensory and psychic, who will be given the specialized attention they require.
p.002015: Article 48. Social Security is a mandatory public service that will be provided under the direction,
p.002015: coordination and control of the State, subject to the principles of efficiency, universality and solidarity, in the
p.002015: terms established by law.
p.002015: All inalienable right to Social Security is guaranteed to all inhabitants.
p.002015: The State, with the participation of the particulars, will progressively expand the security coverage
p.002015: Social that will include the provision of services in the manner determined by law.
p.002015: Social Security may be provided by public or private entities, in accordance with the law.
p.002015: The resources of the Social Security institutions may not be used or used for purposes other than
p.002015: she.
p.002015: The law will define the means for pension resources to maintain their purchasing power.
p.002015: constant.
p.002015: Legislative Act 01 of 2005, article 1. The following paragraphs and paragraphs are added to article 48 of the
p.002015: Political constitution:
p.002015: The State will guarantee the rights, the financial sustainability of the Pension System, respect the rights
p.002015: acquired under the law and will assume the payment of the pension debt that according to the law is in charge. The
p.002015: pension laws that are issued after the entry into force of this Legislative Act,
p.002015: they must ensure the financial sustainability of what is established in them.
p.002015: Without prejudice to discounts, deductions and embargoes to pensions ordered in accordance with the law, for no reason
p.002015: the value of the allowance of the pensions recognized in accordance with the law may be stopped paying, frozen or reduced.
p.002015: In order to acquire the right to the pension it will be necessary to comply with the age, the time of service, the weeks of
p.002015: contribution or the necessary capital, as well as the other conditions indicated by the law, without prejudice to the provisions for
p.002015: Invalidity and survival pensions. The requirements and benefits to acquire the right to a pension of
p.002015: Disability or survival will be those established by the laws of the General Pension System.
p.002015: In pension matters, all acquired rights will be respected.
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 45-48)
p.002015: 20 COLOMBIA POLITICAL CONSTITUTION
p.002015: The pension requirements and benefits for all people, including those of old-age pension for activities of
p.002015: high risk will be those established in the laws of the General Pension System. No provision or
p.002015: invoke any agreement to deviate from what is established there.
p.002015: For the settlement of pensions, only the factors on which each person has
p.002015: made the quotes. No pension may be less than the current monthly legal minimum wage.
p.002015: However, the law may determine the cases in which periodic economic benefits can be granted
p.002015: lower than the minimum wage, to people with limited resources who do not meet the conditions required to have
p.002015: right to a pension.
p.002015: As of the effective date of this Legislative Act, there will be no special or excepted regimes, without
p.002015: prejudice of the applicable to the public force, the President of the Republic and the provisions of the paragraphs of the
p.002015: present article.
p.002015: “Persons whose right to pension is due from the effective date of this Legislative Act may not
p.002015: receive more than thirteen (13) pensions per year. It is understood that the pension is caused when all
p.002015: requirements to access it, even if the recognition had not been made ”.
p.002015: The law will establish a brief procedure for the review of recognized pensions with abuse of the right or without the
p.002015: compliance with the requirements established in the law or in the arbitration conventions and awards validly
p.002015: celebrated.
p.002015: Paragraph 1. As of July 31, 2010, pensions exceeding twenty-five (25) salaries may not be caused
...

p.002015: prior to the entry into force of Law 812 of 2003, and the provisions of article 81 of this. The teachers
p.002015: that have been linked or linked from the validity of the aforementioned law, will have the average premium rights
p.002015: established in the laws of the General Pension System, in the terms of article 81 of Law 812 of 2003.
p.002015: Transitional Paragraph 2. Without prejudice to acquired rights, the regime applicable to members of the Force
p.002015: Public and the President of the Republic, and what is established in the paragraphs of this article, the validity
p.002015: of the special pension regimes, the excepted, as well as any other than the established
p.002015: Permanent manner in the laws of the General Pension System will expire on July 31, 2010.
p.002015: Transitional Paragraph 3. The pension rules that govern the effective date of this Act
p.002015: Legislative contained in pacts, collective bargaining agreements, awards or agreements validly concluded, are
p.002015: will keep for the term initially stipulated. In the pacts, conventions or awards that are signed between the
p.002015: validity of this Legislative Act and on July 31, 2010, no more pension conditions may be stipulated
p.002015: favorable than those currently in force. In any case, they will lose their validity on July 31, 2010.
p.002015: Transitional Paragraph 4. The transition regime established in Law 100 of 1993 and other regulations that
p.002015: develop said regime, it cannot be extended beyond July 31, 2010; except for workers who
p.002015: being in said regime, in addition, they have quoted at least 750 weeks or its equivalent in time of services to the
p.002015: Entry into force of this Legislative Act-
p.002015: On Social, Economic and Cultural Rights
p.002015: (Article 48)
p.002015: COLOMBIA POLITICAL CONSTITUTION 21
p.002015: tivo, which will be maintained under this regime until 2014.
p.002015: The pension requirements and benefits for people covered by this regime will be those required by the
p.002015: Article 36 of Law 100 of 1993 and other regulations that develop said regime.
p.002015: Transitional Paragraph 5. In accordance with the provisions of article 140 of Law 100 of 1993 and Decree 2090
p.002015: of 2003, from the entry into force of this last decree, to the members of the custody body
p.002015: and the national prison and prison supervision will apply the high risk regime contemplated in the
p.002015: same. Those who entered prior to that date will apply the regime until then in force for
p.002015: these people because of the risks of their work, this is the one provided for the purpose by Law 32 of 1986, to
p.002015: which must have covered the corresponding quotes.
p.002015: Transitional Paragraph 6. Excepted from the provisions of subsection 8 of this article, those
p.002015: people who receive a pension equal to or less than three (3) current monthly legal minimum wages, if the same
p.002015: It is caused before July 31, 2011, who will receive fourteen (14) pensions per year.
p.002015: Article 49. Legislative Act No. 02 of 2009, article 1. Article 49 of the Political Constitution will read as follows:
p.002015: Health care and environmental sanitation are public services provided by the State. It is guaranteed to
p.002015: All people have access to health promotion, protection and recovery services.
p.002015: It is up to the State to organize, direct and regulate the provision of health services to the inhabitants and of
p.002015: environmental sanitation in accordance with the principles of efficiency, universality and solidarity. Also, set the
p.002015: policies for the provision of health services by private entities, and to exercise their vigilance and control.
p.002015: Also, establish the powers of the nation, territorial entities
p.002015: and individuals and determine the contributions to their position in the terms and conditions indicated in the law.
p.002015: Health services will be organized in a decentralized manner, by levels of care and with participation of the
p.002015: community.
p.002015: The law will indicate the terms in which basic care for all inhabitants will be free and
p.002015: mandatory.
p.002015: Everyone has a duty to ensure the integral care of their health and their community.
p.002015: The transport and consumption of narcotic or psychotropic substances are prohibited, except when prescribed.
p.002015: medical For preventive and rehabilitative purposes the law will establish administrative measures and treatments of
p.002015: pedagogical, prophylactic or therapeutic order for people who consume these substances. The submission to
p.002015: These measures and treatments require the informed consent of the addict.
p.002015: Likewise, the State will devote special attention to the dependent or addicted patient and his family to strengthen it in
p.002015: values ​​and principles that contribute to prevent behaviors that affect the comprehensive health care of
p.002015: people and, consequently, of the community, and will permanently develop prevention campaigns
p.002015: against the use of drugs or narcotic substances and in favor of the recovery of addicts.
p.002015: Article 50. Every child under one year of age who is not covered by some type of protection or social security will have
p.002015: right to receive free care in all health institutions that receive contributions from the State. The law
p.002015: will regulate the matter.
p.002015: Article 51. All Colombians have the right to decent housing. The State will set the necessary conditions
p.002015: to enforce this right and promote social interest housing plans, adequate financing systems to
p.002015: long-term and associative ways of executing these housing programs.
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 49-51)
p.002015: 22 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 52. Legislative Act 02 of 2000, article 1. Article 52 of the Political Constitution of Colombia, shall remain
p.002015: So:
p.002015: The exercise of sport, its creative, competitive and indigenous manifestations have the function of
p.002015: Integral training of people, preserve and develop better health in humans.
p.002015: Sports and recreation are part of education and constitute public social spending.
p.002015: The right of all people to recreation, the practice of sport and the use of
p.002015: free time.
p.002015: The State will promote these activities and inspect, monitor and control sports organizations and
p.002015: recreational whose structure and property must be democratic.
p.002015: Article 53. The Congress will issue the labor statute. The corresponding law will take into account at least the
p.002015: following fundamental minimum principles:
p.002015: Equal opportunities for workers; minimum vital and mobile remuneration, proportional to the amount
p.002015: and quality of work; job stability; inalienability of the minimum benefits established in standards
p.002015: labor; powers to compromise and reconcile uncertain and debatable rights; most favorable situation
p.002015: to the worker in case of doubt in the application and interpretation of the formal sources of law; primacy of the
p.002015: reality about formalities established by the subjects of labor relations; security guarantee
p.002015: social, training, training and necessary rest; special protection for women, motherhood and
p.002015: to the minor worker.
p.002015: The State guarantees the right to timely payment and periodic readjustment of legal pensions.
p.002015: International labor conventions duly ratified are part of domestic legislation.
p.002015: The law, contracts, agreements and labor agreements cannot undermine freedom, human dignity
p.002015: nor the rights of workers.
p.002015: Article 54. It is the obligation of the State and employers to offer professional and technical training and qualification to
p.002015: who require it The State must promote the work placement of people of working age and guarantee
p.002015: the disabled the right to work in accordance with their health conditions.
p.002015: Article 55. The right to collective bargaining is guaranteed to regulate labor relations, with the
p.002015: exceptions indicated by law.
p.002015: It is the duty of the State to promote consultation and other means for the peaceful resolution of collective conflicts.
p.002015: of work.
p.002015: Article 56. The right to strike is guaranteed, except in the essential public services defined by the
p.002015: legislator.
p.002015: The law will regulate this right.
p.002015: A permanent commission composed of the Government, representatives of employers and workers,
p.002015: promote good labor relations, contribute to the solution of collective labor disputes and
p.002015: will arrange salary and labor policies. The law shall regulate its composition and functioning.
p.002015: Article 57. The law may establish the incentives and means for workers to participate in the management
p.002015: of the companies.
p.002015: Article 58. Legislative Act 01 of 1999, article 1. Article 58 of the Political Constitution will read as follows:
p.002015: Private property and other rights acquired under civil laws, which are not guaranteed, are guaranteed.
p.002015: they may be unknown or violated by subsequent laws. When the application of a law issued for reasons
p.002015: of public utility or social interest, the rights of individuals with the need for it will result in conflict
p.002015: reco-
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 52-58)
p.002015: COLOMBIA POLITICAL CONSTITUTION 23
p.002015: unknown, the private interest must yield to the public or social interest.
p.002015: The property is a social function that implies obligations. As such, is inherent an ecological function.
p.002015: The State will protect and promote the associative and solidarity forms of property.
p.002015: For reasons of public utility or social interest defined by the legislator, there may be expropriation
p.002015: by judicial ruling and prior compensation. This will be set by consulting the interests of the community and the
p.002015: affected. In cases determined by the legislator, such expropriation may be advanced administratively,
p.002015: subject to subsequent contentious-administrative action, including with respect to price.
p.002015: Article 59. In case of war and only to meet your requirements, the need for expropriation may
p.002015: be decreed by the national government without prior compensation.
p.002015: In this case, the real property may only be temporarily occupied, to meet the
p.002015: needs of war, or to allocate its products to it.
p.002015: The State will always be responsible for the expropriations that the Government makes on its own or through its agents.
p.002015: Article 60. The State shall promote, in accordance with the law, access to property.
p.002015: When the State disposes of its participation in a company, it will take the measures conducive to democratizing the
p.002015: ownership of its shares, and will offer its workers, solidarity and workers' organizations,
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p.002015: inalienable, imprescriptible and unattachable.
p.002015: Article 64. It is the duty of the State to promote progressive access to the ownership of workers' land.
p.002015: agrarian, individually or associatively, and to education, health, housing, social security services,
p.002015: recreation, credit, communications, product marketing, technical and business assistance, in order
p.002015: to improve the income and quality of life of the peasants.
p.002015: Article 65. Food production shall enjoy the special protection of the State. For this purpose, it will be granted
p.002015: priority to the integral development of agricultural, livestock, fishing, forestry and
p.002015: agroindustrial, as well as the construction of physical infrastructure and land adaptation works.
p.002015: Similarly, the State will promote research and technology transfer for the production of
p.002015: food and raw materials of agricultural origin, with the purpose of increasing productivity.
p.002015: Article 66. The provisions made in credit matters may regulate the special conditions of the
p.002015: agricultural credit, taking into account crop and price cycles, as well as risks
p.002015: inherent in the activity and environmental calamities.
p.002015: Article 67. Education is a right of the person and a public service that has a function
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 59-67)
p.002015: 24 COLOMBIA POLITICAL CONSTITUTION
p.002015: Social; with it the access to knowledge, science, technology, and other goods and values ​​of the
p.002015: culture.
p.002015: Education will train the Colombian in respect for human rights, peace and democracy; and in the
p.002015: practice of work and recreation, for cultural, scientific, technological and protection improvement
p.002015: of the environment
p.002015: The State, society and family are responsible for education, which will be mandatory between the five and
p.002015: Fifteen years of age and will comprise at least one year of preschool and nine years of basic education.
p.002015: Education will be free in state institutions, without prejudice to the collection of academic rights to
p.002015: who can afford them.
p.002015: It is up to the State to regulate and exercise the highest inspection and supervision of education in order to ensure
p.002015: for its quality, for the fulfillment of its purposes and for the best moral, intellectual and physical education of the students;
p.002015: guarantee adequate coverage of the service and assure minors of the necessary conditions for their access and
p.002015: permanence in the education system.
...

p.002015: The State will strengthen scientific research in official and private universities and offer
p.002015: special conditions for its development.
p.002015: The State will facilitate financial mechanisms that make it possible for all eligible persons to access education
p.002015: higher.
p.002015: Article 70. The State has the duty to promote and promote access to the culture of all Colombians in
p.002015: equal opportunities, through continuing education and scientific, technical, artistic and
p.002015: professional at all stages of the national identity creation process.
p.002015: Culture in its various manifestations is the foundation of nationality. The State recognizes equality and
p.002015: dignity of all who live in the country. The State will promote research, science,
p.002015: development and dissemination of the cultural values ​​of the nation.
p.002015: Article 71. The search for knowledge and artistic expression are free. The economic development plans and
p.002015: Social will include the promotion of science and, in general, culture. The State will create incentives for people and
p.002015: institutions that develop and promote science and technology and other cultural manifestations and
p.002015: It will offer special incentives to people and institutions that exercise these activities.
p.002015: On Rights, Social, Economic and Cultural (Articles
p.002015: 68-71)
p.002015: COLOMBIA POLITICAL CONSTITUTION 25
p.002015: Article 72. The cultural heritage of the nation is under the protection of the State. The Heritage
p.002015: archaeological and other cultural assets that make up the national identity, belong to the nation and are
p.002015: inalienable, unattachable and imprescriptible. The law will establish the mechanisms to reacquire them when
p.002015: are in the hands of individuals and will regulate the special rights that groups may have
p.002015: ethnic groups settled in territories of archeological wealth.
p.002015: Article 73. Journalistic activity shall enjoy protection to guarantee their freedom and professional independence.
p.002015: Article 74. All persons have the right to access public documents except in cases established by the
p.002015: law.
p.002015: Professional secrecy is inviolable.
p.002015: Article 75. The electromagnetic spectrum is an unmanageable and imprescriptible public good subject to management and
p.002015: State control. Equal opportunities are guaranteed in access to its use under the terms established by law.
p.002015: To guarantee informative pluralism and competence, the State will intervene by mandate of the law to
p.002015: avoid monopolistic practices in the use of the electromagnetic spectrum.
p.002015: Article 76. Legislative Act 02 of 2011, article 1. Repeal article 76 of the Political Constitution of
p.002015: Colombia.
p.002015: Article 77. Legislative Act 02 of 2011, article 2. Article 77 of the Political Constitution of Colombia will remain
p.002015: So:
p.002015: The Congress of the Republic will issue the law that
p.002015: set the television policy.
p.002015: CHAPTER 3
p.002015: OF COLLECTIVE AND ENVIRONMENTAL RIGHTS
p.002015: Article 78. The law shall regulate the quality control of goods and services offered and provided to the
p.002015: community, as well as the information that must be provided to the public in its commercialization.
p.002015: They will be responsible, in accordance with the law, for the production and commercialization of goods and
p.002015: services, threaten health, safety and adequate supply to consumers and users.
p.002015: The State will guarantee the participation of consumer and user organizations in the study of
p.002015: provisions that concern them. To enjoy this right, organizations must be representative and
p.002015: observe internal democratic procedures.
p.002015: Article 79. Everyone has the right to enjoy a healthy environment. The law will guarantee the participation of
p.002015: the community in decisions that may affect it.
p.002015: It is the duty of the State to protect the diversity and integrity of the environment, conserve the areas of special
p.002015: ecological importance and encourage education for the achievement of these ends.
p.002015: Article 80. The State shall plan the management and use of natural resources, to guarantee their
p.002015: sustainable development, its conservation, restoration or replacement.
p.002015: In addition, it must prevent and control environmental deterioration factors, impose legal sanctions and demand
p.002015: Repair of the damage caused.
p.002015: It will also cooperate with other nations in the protection of ecosystems located in the border areas.
p.002015: Article 81. The manufacture, importation, possession and use of chemical, biological and chemical weapons is prohibited.
p.002015: nuclear, as well as the introduction to the national territory of nuclear waste and toxic waste.
p.002015: On Collective and Environmental Rights
p.002015: (Articles 72-81)
p.002015: 26 COLOMBIA POLITICAL CONSTITUTION
p.002015: The State shall regulate the entry into and out of the country of genetic resources, and their use, in accordance with the
p.002015: national interest
p.002015: Article 82. It is the duty of the State to ensure the protection of the integrity of the public space and for
p.002015: its destination for common use, which prevails over the particular interest.
p.002015: Public entities will participate in the goodwill generated by their urban action and will regulate the use of
p.002015: land and urban airspace in defense of the common interest.
p.002015: CHAPTER 4
p.002015: ON THE PROTECTION AND APPLICATION OF RIGHTS
p.002015: Article 83. The actions of individuals and public authorities must adhere to the postulates of the
p.002015: good faith, which will be presumed in all the steps that those advance before them.
p.002015: Article 84. When a right or an activity has been regulated in a general manner, public authorities
p.002015: They may not establish or require additional permits, licenses or requirements for their exercise.
p.002015: Article 85. The rights enshrined in articles 11, 12, 13, are immediately applicable.
p.002015: 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29,
p.002015: 30, 31, 33, 34, 37 and 40.
p.002015: Article 86. Every person shall have a guardianship action to claim before the judges, at all times and places, by means of a
p.002015: Preferred and summary procedure, by itself or by whoever acts on your behalf, the immediate protection of your
p.002015: fundamental constitutional rights, whenever these are violated or threatened by the action or
...

p.002015: In no case may more than ten days pass between the request for guardianship and its resolution.
p.002015: The law will establish the cases in which the action of guardianship proceeds against individuals in charge of the
p.002015: provision of a public service or whose conduct seriously and directly affects the collective interest, or with respect to
p.002015: who the applicant is in a state of subordination or helplessness.
p.002015: Article 87. Any person may go before the judicial authority to enforce compliance with a law or a
p.002015: administrative act If the action is continued, the judgment will order the reluctant authority to comply
p.002015: of duty omitted.
p.002015: Article 88. The law shall regulate popular actions for the protection of collective rights and interests,
p.002015: related to heritage, space, safety and public health, administrative morals, the
p.002015: environment, free economic competition and others of a similar nature that are defined in it.
p.002015: It will also regulate the actions originated in the damages caused to a plural number of people, without prejudice to
p.002015: the corresponding particular actions.
p.002015: Likewise, it will define the cases of objective civil responsibility for the damage inferred to the rights and interests
p.002015: collective
p.002015: Article 89. In addition to those enshrined in the preceding articles, the law shall establish the other resources,
p.002015: the actions, and the procedures necessary for them to advocate for the inte-
p.002015: On the Protection and Application of Rights
p.002015: (Articles 82-89)
p.002015: COLOMBIA POLITICAL CONSTITUTION 27
p.002015: The legal order, and for the protection of their individual, group or collective rights, against action
p.002015: or omission of public authorities.
p.002015: Article 90. The State shall respond patrimonially for the unlawful damages that may be attributed to it,
p.002015: caused by the action or omission of public authorities.
p.002015: In the event of being condemned the State to the patrimonial reparation of one of such damages, that has been
p.002015: as a result of the malicious or seriously guilty conduct of an agent of his, he must repeat against it.
p.002015: Article 91. In case of manifest violation of a constitutional provision to the detriment of any person, the
p.002015: superior mandate does not exempt the agent that executes it from responsibility.
p.002015: The military in service are exempted from this provision. Regarding them, the responsibility will fall
p.002015: only in the superior that gives the order.
p.002015: Article 92. Any natural or legal person may request from the competent authority the application of the
p.002015: criminal or disciplinary sanctions derived from the conduct of public authorities.
p.002015: Article 93. International treaties and conventions ratified by Congress, which recognize the
p.002015: human rights and that prohibit their
p.002015: limitation in the states of exception, prevail in the internal order.
p.002015: The rights and duties enshrined in this Charter shall be interpreted in accordance with the treaties.
p.002015: international human rights ratified by Colombia.
p.002015: Legislative act 02 of 2001, article 1. Add article 93 of the Political Constitution with the following
p.002015: text:
p.002015: The Colombian State can recognize the jurisdiction of the International Criminal Court in the terms set forth in
p.002015: the Rome Statute adopted on July 17, 1998 by the United Nations Plenary Conference and,
p.002015: consequently, ratify this treaty in accordance with the procedure established in this Constitution.
p.002015: The admission of a different treatment in substantial matters by the Rome Statute with respect to the
p.002015: guarantees contained in the Constitution will have effects exclusively within the scope of the regulated matter
p.002015: in the.
p.002015: Article 94. The enunciation of the rights and guarantees contained in the Constitution and in the agreements
p.002015: international standards, should not be understood as denial of others who, being inherent in the human person, do not
p.002015: expressly appear on them.
p.002015: CHAPTER 5
p.002015: OF DUTIES AND OBLIGATIONS
p.002015: Article 95. The quality of Colombian exalts all members of the national community. Everyone is in duty
p.002015: to enlarge and dignify it. The exercise of the rights and freedoms recognized in this Constitution implies
p.002015: responsibilities
p.002015: Every person is obliged to comply with the Constitution and the laws.
p.002015: The duties of the person and the citizen are:
p.002015: 1. Respect the rights of others and not abuse their own;
p.002015: 2. Work according to the principle of social solidarity, responding with humanitarian actions to situations that
p.002015: endanger the life or health of people;
p.002015: 3. Respect and support the legitimately constituted democratic authorities to maintain independence and
p.002015: national integrity
p.002015: 4. Defend and disseminate human rights
p.002015: as the foundation of peaceful coexistence;
p.002015: Of the Duties and Obligations
p.002015: (Articles 90-95)
p.002015: 28 COLOMBIA POLITICAL CONSTITUTION
p.002015: 5. Participate in the political, civic and community life of the country;
p.002015: 6. Promote the achievement and maintenance of peace;
p.002015: 7. Collaborate for the proper functioning of the administration of justice;
p.002015: 8. Protect the country's cultural and natural resources and ensure the conservation of a healthy environment;
p.002015: 9. Contribute to the financing of the expenses and investments of the State within the concepts of justice and
p.002015: equity.
p.002015: TITLE III
p.002015: OF THE INHABITANTS AND THE TERRITORY
p.002015: CHAPTER 1
p.002015: OF THE NATIONALITY
p.002015: Article 96. Legislative Act 01 of 2002, article 1. Article 96 of the Political Constitution shall read as follows:
p.002015: They are Colombian nationals.
p.002015: 1. By birth:
p.002015: a) The natives of Colombia, that with one of two conditions: that the father or mother have been natural or
p.002015: Colombian nationals or that, being children of foreigners, any of their parents were domiciled in the
p.002015: Republic at the time of birth and;
p.002015: b) The children of a Colombian father or mother who were born in a foreign land and then will be certified in
p.002015: Colombian territory or register with a consular office of the Republic.
p.002015: 2. By adoption:
p.002015: a) Foreigners who request and obtain a naturalization card, in accordance with the law, which will establish the
p.002015: cases in which Colombian nationality is lost by adoption;
p.002015: b) Latin Americans and the Caribbean by birth domiciled in Colombia, who authorized
p.002015: The Government and, in accordance with the law and the principle of reciprocity, ask to be registered as Colombians before
p.002015: the municipality where they are established, and;
p.002015: c) The members of the indigenous peoples who share border territories, applying the principle of
p.002015: reciprocity according to public treaties.
p.002015: No Colombian by birth may be deprived of his nationality. The quality of Colombian national is not
p.002015: loses by acquiring another nationality. Nationals by adoption will not be obliged to give up their
p.002015: nationality of origin or adoption. Those who have renounced Colombian nationality may recover it with
p.002015: according to the law
p.002015: Article 97. The Colombian, although he has renounced the quality of national, acting against the interests of the country
p.002015: In foreign war against Colombia, he will be tried and punished as a traitor.
p.002015: Colombians by adoption and foreigners domiciled in Colombia may not be forced to take up arms
p.002015: against their country of origin; neither will Colombians nationalized in a foreign country, against the country of their
p.002015: New nationality
p.002015: Of the Inhabitants and the Territory
p.002015: (Articles 96-97)
p.002015: COLOMBIA POLITICAL CONSTITUTION 29
p.002015: EPISODE 2
p.002015: OF THE CITIZENSHIP
p.002015: Article 98. Citizenship is in fact lost when nationality has been renounced, and its
p.002015: Exercise may be suspended under judicial decision in cases determined by law.
p.002015: Those who have been suspended in the exercise of citizenship may request their rehabilitation.
p.002015: Paragraph. As long as the law does not decide another age, citizenship will be exercised from the age of eighteen.
p.002015: Article 99. The quality of citizen in exercise is a prerequisite and indispensable condition to exercise the right to
p.002015: suffrage, to be elected and to hold public office that carry annexed authority or jurisdiction.
p.002015: CHAPTER 3
p.002015: OF FOREIGNERS
p.002015: Article 100. Foreigners will enjoy in Colombia the same civil rights granted to
p.002015: Colombians However, the law may, for reasons of public order, subordinate to special conditions or deny
p.002015: the exercise of certain civil rights to foreigners.
p.002015: Likewise, foreigners shall enjoy, in the territory of the Republic, the guarantees granted to
p.002015: nationals, except for the limitations established by the Constitution or the law.
p.002015: Political rights are reserved to nationals, but the law may grant foreigners residing in
p.002015: Colombia the right to vote in elections and popular consultations of municipal or district character.
p.002015: CHAPTER 4 TERRITORY
p.002015: Article 101. The limits of Colombia are those established in the international treaties approved by the
p.002015: Congress, duly ratified by the President of the Republic, and those defined by the arbitration awards in which
p.002015: Be part of the nation.
p.002015: The limits indicated in the manner provided by this Constitution may only be modified by virtue of
p.002015: treaties approved by Congress, duly ratified by the President of the Republic.
p.002015: In addition to the continental territory, the San Andres archipelago, Province and
p.002015: Santa Catalina and Malpelo Island, and
p.002015: other islands, islets, cays, hills and banks that belong to it.
p.002015: They are also part of Colombia, the subsoil, the territorial sea, the adjoining area, the continental shelf, the
p.002015: Exclusive economic zone, airspace, geostationary orbit segment, spectrum
p.002015: electromagnetic and the space where it acts, in accordance with International Law or laws
p.002015: Colombians in the absence of international standards.
p.002015: Article 102. The territory, with the public goods that are part of it, belongs to the nation.
p.002015: Of the Citizenship, of the Foreigners, of the Territory
p.002015: (Articles 98-102)
p.002015: 30 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE IV
p.002015: OF DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES
p.002015: CHAPTER 1
p.002015: OF THE FORMS OF DEMOCRATIC PARTICIPATION
p.002015: Article 103. Participation mechanisms of the people in the exercise of their sovereignty are the vote, the plebiscite, the
p.002015: referendum, the popular consultation, the open council, the legislative initiative and the revocation of the mandate. The law
p.002015: will regulate them.
p.002015: The State will contribute to the organization, promotion and training of professional associations,
p.002015: civic, union, community, youth, charitable or common non-governmental utility, without
p.002015: detriment of their autonomy in order to constitute democratic mechanisms of representation in the
p.002015: different instances of participation, consultation, control and surveillance of public management that
p.002015: set.
p.002015: Article 104. The President of the Republic, with the signature of all ministers and prior favorable concept
p.002015: of the Senate of the Republic, may consult the people decisions of national importance. The decision of
p.002015: Town will be mandatory. The consultation cannot be carried out concurrently with another election.
p.002015: Article 105. Prior compliance with the requirements and formalities set forth in the general statute of the
p.002015: territorial organization and in the cases that this determines, the governors and mayors according to the case,
p.002015: may make popular inquiries to decide on matters of competence of the respective department or
p.002015: municipality.
p.002015: Article 106. Prior to the fulfillment of the requirements that the law indicates and in the cases that it determines, the
p.002015: Inhabitants of territorial entities may submit projects on matters that fall within the competence of the
p.002015: respective public corporation, which is obliged to process them; decide on the provisions of interest of the
p.002015: community at the initiative of the corresponding authority or corporation or by at least 10% of the citizens
p.002015: registered in the respective electoral roll, and elect representatives on the boards of the companies that provide services
p.002015: public within the respective territorial entity.
p.002015: EPISODE 2
p.002015: OF PARTIES AND POLITICAL MOVEMENTS
p.002015: Article 107. Legislative Act 01 of 2009, article 1. Article 107 of the Constitution will read as follows:
p.002015: All citizens are guaranteed the right to found, organize and develop political parties and movements, and
p.002015: the freedom to join them or to withdraw.
p.002015: In no case will citizens be allowed to belong simultaneously to more than one party or movement
p.002015: politician with legal status.
p.002015: Political parties and movements will be organized democratically and will have as guiding principles the
p.002015: transparency, objectivity, morality, gender equity, and the duty to present and disseminate their programs
p.002015: politicians.
p.002015: For making their decisions or choosing their own candidates or by coalition, they may hold consultations
p.002015: popular or internal or inter-party that coincide or not with the elections to
p.002015: On Forms of Democratic Participation, of Political Parties (Articles 103-107)
p.002015: COLOMBIA POLITICAL CONSTITUTION 31
p.002015: Public potions, in accordance with the provisions of its statutes and the law.
p.002015: In the case of popular consultations, the rules on campaign financing and publicity and access to
p.002015: the media of the State, which govern the ordinary elections. Who participates in the
p.002015: consultations of a political party or movement or in interpartisan consultations, you cannot register for another in the
p.002015: same electoral process. The result of the consultations will be mandatory.
p.002015: The leaders of the parties and political movements must promote democratization processes
p.002015: internal and strengthening the bench regime.
p.002015: Political parties and movements must respond for any violation or violation of the rules that govern
p.002015: its organization, operation or financing, as well as for endorsing candidates chosen in positions or
p.002015: public corporations of popular choice, who have been or were convicted during the exercise of the position to
p.002015: which was endorsed by judgment executed in Colombia or abroad for crimes related to the vin-
p.002015: culation of illegal armed groups and activities of drug trafficking or crimes against the mechanisms of
p.002015: democratic participation or against humanity.
p.002015: Political parties or movements will also respond for endorsing candidates not elected to office or
p.002015: public corporations of popular choice, if they had been or were convicted during the term of office
p.002015: public to which he was nominated, by sentence executed in Colombia or abroad for crimes
p.002015: related to the connection to illegal armed groups and drug trafficking activities, committed previously
p.002015: Give to the issuance of the corresponding guarantee.
p.002015: Sanctions may consist of fines, devotion of public resources received through the system of
p.002015: replacement of votes, until the cancellation of the legal status. When it comes to these sentences to
p.002015: who were elected to uninominal positions, the party or movement that
p.002015: endorsed the convicted, may not present candidates for the following elections in that Circumscription. If missing
p.002015: less than 18 months for the following elections, they may not submit three, in which case the nominator may
p.002015: freely designate the replacement.
p.002015: The directors of the parties who are shown to have failed to proceed with due care and diligence in the
p.002015: exercise of the rights and obligations conferred upon them by legal status, they will also be subject to the
p.002015: sanctions determined by law.
p.002015: Social organizations are also guaranteed the right to demonstrate and participate in events
p.002015: politicians.
p.002015: Anyone who is a member of a public corporation decides to run for the next election, for a
p.002015: Different party, you must give up the seat at least twelve (12) months before the first day of registration.
p.002015: Transitional Paragraph 1. Without prejudice to the provisions of article 134, within the two
p.002015: (2) months following the entry into force of this legislative act, authorize, once only, the
p.002015: members of the collegiate bodies of popular election, or those who had previously renounced their seat
p.002015: to the validity of this legislative act, to enroll in a party other than the one that endorsed them, without
p.002015: give up the seat or incur double militancy.
p.002015: Transitional Paragraph 2. The national government or members of Congress will present, before August 1
p.002015: of 2009, a Draft Statutory Law that develops this article.
p.002015: The project will have a message of urgency and joint sessions and may be subject to a message of insistence if it were
p.002015: necessary. The terms for the prior review of the exequibility of the Draft Statutory Law are reduced by half,
p.002015: by the Constitutional Court.
p.002015: Article 108. Legislative Act 01 of 2009, article 2. Article 108 of the Constitution shall read as follows:
p.002015: Of the Parties and Political Movements
p.002015: (Article 108)
p.002015: 32 COLOMBIA POLITICAL CONSTITUTION
p.002015: The National Electoral Council will recognize legal personality to parties, political movements and groups
p.002015: significant citizens. They may obtain them with a vote of not less than three percent (3%) of the votes
p.002015: validly issued in the national territory in the House of Representatives or Senate elections. They will lose them if
p.002015: they don't get that percentage in the elections of the same public corporations. The regime is excepted
p.002015: exceptional that is stipulated in the law for constituencies of ethnic and political minorities, in which
p.002015: It will be enough to have obtained representation in Congress.
p.002015: It will also cause loss of legal status of political parties and movements if they do not
p.002015: celebrate at least every two
p.002015: (2) years conventions that enable its members to influence the making of the most important decisions of the
p.002015: political organization.
p.002015: Political parties and movements with recognized legal personality may register candidates for
p.002015: elections. Said registration must be endorsed for the same purposes by the respective legal representative of the
p.002015: party or movement or by whom he delegates.
p.002015: Social movements and significant groups
p.002015: of citizens may also register candidates.
p.002015: Any registration of a candidate incurred on grounds of disability will be revoked by the National Electoral Council with
p.002015: Respect for due process.
p.002015: The statutes of political parties and movements will regulate the matters pertaining to their internal disciplinary regime. The
p.002015: members of public corporations elected by the same party or political movement or group
p.002015: Significant citizens will act on them as a bench under the terms established by law and in accordance
p.002015: with the decisions democratically taken by them.
p.002015: The internal statutes of the parties and political movements will determine issues of conscience
p.002015: in respect of which this regime will not apply and may establish penalties for
p.002015: the non-observance of its guidelines by the members of the banks, which will be fixed
p.002015: gradually until expulsion, and may include the loss of the voting right of the congressman, deputy, councilor
p.002015: or mayor for the rest of the period for which he was elected.
p.002015: Transitional Paragraph For the elections to the Congress of the Republic to be held in 2010, the percentage at which
p.002015: refers to subsection 1 of this article shall be two percent (2%), and the requirement of
p.002015: inscription one year in advance of which the 8th paragraph speaks. (Subsection 8 of Legislative Act 01 of 2009, was
p.002015: declared unenforceable)
p.002015: Article 109. Legislative Act 01 of 2009, article 3. Article 109 of the Constitution will read as follows:
p.002015: The State will attend the political and electoral financing of political parties and movements with
p.002015: legal status, in accordance with the law.
p.002015: The electoral campaigns that advance the candidates endorsed by parties and movements with personality
p.002015: legal or by significant groups of citizens, will be partially financed with state resources.
p.002015: The law will determine the percentage of voting
p.002015: necessary to be entitled to such financing.
p.002015: You can also limit the amount of expenses that parties, movements, significant groups of citizens or
p.002015: Candidates can carry out the electoral campaigns, as well as the maximum amount of private contributions, of
p.002015: according to the law
p.002015: A percentage of this financing will be given to parties and movements with legal status in force, and to the
p.002015: significant groups of citizens that endorse candidates, prior to the election, or consultations in accordance with
p.002015: the conditions and guarantees determined by law and with the authorization of the National Electoral Council.
p.002015: The campaigns to elect the President of the Republic will have access to a maximum of spaces
p.002015: Of Parties and Political Movements
p.002015: (Article 109)
p.002015: POLITICAL CONSTITUTION COLOMBIA 33
p.002015: advertising and institutional radio and television spaces paid by the State for those candidates of
p.002015: parties, movements and significant groups of citizens whose application meets the seriousness requirements that,
p.002015: For this purpose, determine the law.
p.002015: For the elections that are held from the effective date of this legislative act, the violation of the ceilings
p.002015: campaign funding maximums, duly verified, will be sanctioned with the loss of investment or
p.002015: of office The law will regulate the other effects for the violation of this precept.
p.002015: Parties, movements, significant groups of citizens and candidates must be publicly accountable for
p.002015: the volume, origin and destination of your income.
p.002015: It is prohibited for political parties and movements and significant groups of citizens to receive financing
p.002015: for electoral campaigns, of foreign natural or legal persons. No private financing
p.002015: may have antidemocratic or public order attempts.
p.002015: Paragraph. The annual financing of political parties and movements with legal status will amount to
p.002015: At least two point seven (2.7) times the amount contributed in 2003, maintaining its value over time.
p.002015: The amount of the financing of the campaigns of political parties and movements with legal status
p.002015: it will be at least three times that contributed in the period 1999-2002 in constant 2003 pesos. This includes the cost of
p.002015: Election day transportation and the cost of mail-funded franchises today.
p.002015: Consultations of parties and movements that opt ​​for this mechanism will receive funding through the
p.002015: replacement system for deposited votes, maintaining the value in constant pesos in force in the
p.002015: moment of approval of this legislative act.
p.002015: Transitional Paragraph The national government or members of Congress will present, before August 1,
p.002015: 2009, a Draft Statutory Law that develops this article.
p.002015: The project will have an urgent message and may be subject to a message of insistence if necessary. They are reduced to
p.002015: half the terms for the prior review of the exequibility of the Draft Statutory Law, by the Court
p.002015: Constitutional.
p.002015: Article 110. Those who perform public functions are prohibited from making any contribution to the parties,
p.002015: movements or candidates, or induce others to do so, except as otherwise provided by law. The
p.002015: Failure to comply with any of these prohibitions will be grounds for removal of the charge or loss of the investiture.
p.002015: Article 111. Legislative Act 01 of 2003, article 4. Article 111 of the Constitution will read as follows:
p.002015: Political parties and movements with legal personality have the right to use the means of
p.002015: communication that make use of the electromagnetic spectrum, at all times, in accordance with the law. She will set
p.002015: also the cases and the way in which parties, political movements and duly registered candidates,
p.002015: They will have access to such media.
p.002015: CHAPTER 3
p.002015: OF THE OPPOSITION STATUTE
p.002015: Article 112. Legislative Act 1 of 2003, article 5. Article 111 of the Constitution will read as follows:
p.002015: Political parties and movements with legal personality that declare themselves in opposition to the Government may
p.002015: freely exercise the critical function against it, and propose and develop alternatives
p.002015: policies. For these purposes, the following rights will be guaranteed: access to information and
p.002015: official documentation, with constitutional and legal restrictions; the use of social media
p.002015: of the State or in those that make use of the electromagnetic spectrum according to the representation obtained in the
p.002015: elections
p.002015: Of the Statute of the Opposition
p.002015: (Articles 110-112)
p.002015: 34 COLOMBIA POLITICAL CONSTITUTION
p.002015: for immediately previous Congress; the replica in the same media.
p.002015: Minority parties and movements with legal personality shall have the right to participate in the boards of directors
p.002015: of the collegiate bodies, according to their representation in them.
p.002015: A statutory law will regulate the matter entirely.
p.002015: Legislative Act 02 of 2015. Article 1. Added-
p.002015: nense sections 4, 5 and 6 to article 112 of the Political Constitution, which will be as follows:
p.002015: The candidate who follows him in votes to whom the electoral authority declares elected in the position of President and
p.002015: Vice President of the Republic, department governor, district mayor and municipal mayor will have the
p.002015: personal right to occupy a
p.002015: Senate, House of Representatives, Departmental Assembly, District Council and Municipal Council,
p.002015: respectively, during the period of the corresponding corporation.
p.002015: The seats assigned in the Senate of the Republic and in the House of Representatives will be additional to
p.002015: those provided for in articles 171 and
p.002015: 176. The other seats will not increase the number of members of these corporations.
p.002015: In case of non-acceptance of the seat in the public corporations of the territorial entities, it will be
p.002015: assigned in accordance with the general rule of assignment of seats provided in article 263.
p.002015: Transitional Paragraph The assignment of the seats mentioned in this article shall not apply to
p.002015: elections held in 2015.
p.002015: Of the Statute of the Opposition
p.002015: (Article 112)
p.002015: COLOMBIA POLITICAL CONSTITUTION 35
p.002015: TITLE V
p.002015: OF THE ORGANIZATION OF THE STATE
p.002015: CHAPTER 1
p.002015: OF THE STATE STRUCTURE
p.002015: Article 113. They are Branches of Public Power, legislative, executive, and judicial.
p.002015: In addition to the organs that comprise them, there are others, autonomous and independent, for the fulfillment of the others
p.002015: State functions.
p.002015: The different organs of the State have separate functions but collaborate harmoniously for the
p.002015: Realization of its ends.
p.002015: Article 114. It is up to the Congress of the Republic to amend the Constitution, make laws and exercise control
p.002015: politician about government and administration.
p.002015: The Congress of the Republic will be composed of the Senate and the House of Representatives.
p.002015: Article 115. The President of the Republic is Head of State, Head of Government and supreme administrative authority.
p.002015: The national government is made up of the President of the Republic, the ministers of the office and the directors of
p.002015: administrative departments The President and the corresponding minister or department director, in each business
p.002015: In particular, they constitute the Government.
p.002015: No act of the President, except the appointment and removal of ministers and department directors
p.002015: administrative officers and those issued as Head of State and supreme administrative authority, shall have
p.002015: value or force whatsoever while not signed and communicated by the Minister of the respective branch or by the
p.002015: Director of the corresponding Administrative Department, who, for the same fact, are responsible.
p.002015: Governments and mayors, as well as superintendencies, public establishments and companies
p.002015: industrial or commercial State, are part of the Executive Branch.
p.002015: Article 116. Legislative Act 03 of 2002, article 1. Article 116 of the Constitution will read as follows:
p.002015: The Constitutional Court, the Supreme Court of Justice, the State Council, * National Disciplinary Commission, the
p.002015: Attorney General's Office, the Courts and Judges, administer justice. So does Criminal Justice
p.002015: Military.
p.002015: * Legislative Act 02 of 2015 Article 26. Agreements, validities and derogations. Replace the expression
p.002015: “Superior Council of the Judiciary” by the “National Judicial Discipline Commission” in article 116 of the
p.002015: Political constitution.
p.002015: The Congress will exercise certain judicial functions.
p.002015: Exceptionally, the law may assign jurisdictional function in specific matters to certain authorities
p.002015: administrative However, they will not be allowed to advance summary instruction or prosecute crimes.
p.002015: Individuals may be temporarily invested in the function of administering justice in the condition
p.002015: of jurors in criminal cases, conciliators or arbitrators authorized by the parties to utter
p.002015: judgments in law or equity, in the terms determined by law.
p.002015: Legislative Act 02 of 2012, article 1. Add article 116 of the Political Constitution with the following
p.002015: subsections:
p.002015: From the State Organization
p.002015: (Articles 113-116)
p.002015: 36 POLITICAL CONSTITUTION COLOMBIA
p.002015: Create a Court of Criminal Guarantees that will have jurisdiction throughout the national territory and in
p.002015: any criminal jurisdiction, and will exercise the following functions:
p.002015: Preferably, serve as judge of control of guarantees in any investigation or criminal proceeding that is carried out
p.002015: against members of the Public Force.
p.002015: Preferably, control the criminal charge against members of the Public Force, in order to guarantee
p.002015: that the material and formal budgets to start the oral trial are met.
p.002015: Permanently resolve the conflicts of competence that occur between the Ordinary Jurisdiction and the
p.002015: Military Criminal Jurisdiction
p.002015: Other functions assigned by law.
p.002015: The Court of Guarantees will consist of eight (8) magistrates, four (4) of whom will be members of
p.002015: the Public Force in retirement. Its members will be elected by the Government Chamber of the Supreme Court of Justice, the
p.002015: Board of Governors of the State Council and the full Constitutional Court. The members of the Public Force
p.002015: in withdrawal from this Court, they will be elected from four (4) three to be sent by the President of the Republic.
p.002015: A statutory law will establish the requisites required to be a magistrate, the disability regime and
p.002015: incompatibilities, the candidate nomination mechanism, the procedure for their selection and others
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p.002015: jurisdictional, by municipal officials and by other officials determined by law. To the Ministry
p.002015: Public corresponds the guard and promotion of human rights, the protection of the public interest and the surveillance of
p.002015: the official conduct of those who perform public functions.
p.002015: Article 119. The Office of the Comptroller General of the Republic is responsible for monitoring fiscal management and the
p.002015: management result control.
p.002015: Article 120. The electoral organization is formed by the National Electoral Council, by the Registrar
p.002015: National Civil Status and by other agencies established by law. He is responsible for organizing the
p.002015: elections, their direction and vigilance, as well as those related to the identity of people.
p.002015: Article 121. No authority of the State may exercise functions other than those attributed to it by the Constitution.
p.002015: And the law.
p.002015: EPISODE 2
p.002015: OF PUBLIC FUNCTION
p.002015: Article 122. There will be no public employment that does not have functions detailed in law or regulation, and to provide those of
p.002015: remunerated nature is required to be contemplated in the respective plant and its emoluments provided in the
p.002015: corresponding budget.
p.002015: No public servant shall enter into office without taking an oath to comply and defend the Constitution and
p.002015: perform the duties incumbent on him.
p.002015: Before taking office, when withdrawing from it or when competent authority
p.002015: Of the Public Function
p.002015: (Articles 117-122)
p.002015: COLOMBIA POLITICAL CONSTITUTION 37
p.002015: Tender must declare, under oath, the amount of their assets and income.
p.002015: Such statement may only be used for the purposes and purposes of the application of the server rules
p.002015: public.
p.002015: Legislative Act 01 of 2009, article 4. The final paragraph of article 122 of the Political Constitution will read as follows:
p.002015: Without prejudice to the other sanctions established by law, they may not be registered as candidates for charges of
p.002015: popular election, neither elected, nor designated as public servants, nor celebrate personally, or by
p.002015: interposed person, contracted with the State, who have been convicted, at any time, for the commission of
p.002015: crimes that affect the assets of the State or those who have been convicted of crimes related to the
p.002015: membership, promotion or financing of illegal armed groups, crimes against humanity or drug trafficking in
p.002015: Colombia or abroad.
p.002015: Nor who has given rise, as public servants, with their malicious or seriously guilty behavior, thus qualified
p.002015: by an executory sentence, that the State be sentenced to a patrimonial reparation, unless it assumes its charge
p.002015: The value of the damage is inherited.
p.002015: Article 123. The members of public corporations, employees and public servants are public servants
p.002015: State workers and their territorially and services decentralized entities.
p.002015: Public servants are at the service of the State and of the community; will exercise their functions in the manner
p.002015: provided by the Constitution, the law and the regulations.
p.002015: The law shall determine the regime applicable to individuals who temporarily perform public functions and
p.002015: It will regulate your exercise.
p.002015: Article 124. The law shall determine the responsibility of public servants and how to make it effective.
p.002015: Article 125. Jobs in the organs and entities of the State are career. They are excepted
p.002015: those of popular election, those of free appointment and removal, those of official workers and the others that it determines
p.002015: the law.
p.002015: Officials, whose appointment system has not been determined by the Constitution or the law, will be appointed
p.002015: by public tender.
p.002015: The entry to the career positions and the promotion thereof, will be made prior to compliance with the requirements and
p.002015: conditions set by law to determine the merits and qualities of the applicants.
p.002015: The withdrawal will be made by unsatisfactory qualification in the performance of employment; for violation of the regime
p.002015: disciplinary and for the other causes provided for in the Constitution or the law.
p.002015: In no case may the political affiliation of citizens determine their appointment for a career job, their
p.002015: promotion or removal.
p.002015: Paragraph. Legislative Act 01 of 2003, article 6. Article 125 of the Political Constitution will have a
p.002015: paragraph of the following tenor: The periods established in the Political Constitution or in the law for positions of
p.002015: Choice have the character of institutional. Those who are designated or elected to occupy such
p.002015: charges, in replacement for the absolute absence of its owner, will do so for the rest of the period for which this was
p.002015: chosen one.
p.002015: Article 126. Legislative Act 02 of 2015. Article 2. Article 126 of the Political Constitution will read as follows:
p.002015: Public servants may not exercise, appoint, apply, or contract with
p.002015: people with whom they have kinship until the fourth degree of consanguinity, second affinity, first
p.002015: civil, or with whom they are bound by marriage or permanent union.
p.002015: Nor can they name or apply as public servants, or enter into state contracts, with whom
p.002015: would have intervened in their nomination or designation, or with people who have the same
p.002015: links indicated in the previous paragraph.
p.002015: Of the Public Function
p.002015: (Articles 123-126)
p.002015: 38 COLOMBIA POLITICAL CONSTITUTION
p.002015: Appointments made in application of the current rules on
p.002015: admission or promotion due to merits in career positions.
p.002015: Except for contests regulated by law, the election of public servants attributed to corporations
p.002015: public must be preceded by a public call regulated by law, in which requirements and
p.002015: procedures that guarantee the principles of publicity, transparency, citizen participation, gender equity
p.002015: and merit criteria for your selection.
p.002015: Anyone who has exercised any of the charges in the following list may not be re-elected for it.
p.002015: Nor may he be nominated for another of these positions, nor be elected to a position of popular election, but one year
p.002015: After having ceased to perform their duties:
p.002015: Magistrate of the Constitutional Court, of the Supreme Court of Justice, of the State Council, of the
p.002015: National Judicial Discipline Commission, Member of the Aforados Commission, Member of the National Electoral Council,
p.002015: Attorney General of the Nation, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic and National Registrar of Civil Status.
p.002015: Article 127. Public servants may not hold, by themselves or by interposed person, or on behalf
p.002015: on the other, any contract with public entities or with private persons that manage or manage resources
p.002015: public, except legal exceptions.
p.002015: Legislative Act 02 of 2004, article 1. Amend subsections 2 and 3 of article 127 of the
p.002015: Political Constitution and add two final paragraphs to the same article, as follows:
p.002015: To State employees who work in the Judicial Branch, in the electoral, control and
p.002015: security is prohibited from taking part in the activities of the parties and movements and in the controversies
p.002015: policies, without prejudice to freely exercise the right to vote. To members of the Public Force in
p.002015: active service
p.002015: the limitations referred to in article 219 of the Constitution apply to them.
p.002015: Employees not covered by this prohibition may only participate in such activities and controversies in
p.002015: the conditions established by the Statutory Law.
p.002015: The use of employment to pressure citizens to support a political cause or campaign constitutes
p.002015: Cause of misconduct.
p.002015: Legislative Act 02 of 2015, article 3. Repeal subsections 5 and 6 of article 127 of the
p.002015: Political constitution.
p.002015: Article 128. No one may simultaneously perform more than one public job or receive more than one assignment
p.002015: that comes from the public treasury, or from companies or institutions in which the State has a majority share, except
p.002015: cases expressly determined by law.
p.002015: Public treasury is understood to be that of the nation, that of territorial entities and that of decentralized ones.
p.002015: Article 129. Public servants may not accept positions, honors or rewards from foreign governments
p.002015: or international organizations, or enter into contracts with them, without prior authorization from the Government.
p.002015: Article 130. There will be a National Civil Service Commission responsible for the administration and surveillance of
p.002015: careers of public servants, except for those of a special nature.
p.002015: Article 131. The regulation of the public service provided by notaries and registrars,
p.002015: definition of the labor regime for its employees and regarding contributions as a special taxation of
p.002015: you would notice, bound for the administration of justice.
p.002015: The appointment of notaries in property will be done by contest.
p.002015: It is up to the government to create, delete and merge notarized and registered circles and determine the
p.002015: number of notaries and registry offices.
p.002015: Of the Public Function
p.002015: (Articles 127-131)
p.002015: COLOMBIA POLITICAL CONSTITUTION 39
p.002015: TITLE VI
p.002015: OF THE LEGISLATIVE BRANCH
p.002015: CHAPTER 1
p.002015: OF COMPOSITION AND FUNCTIONS
p.002015: Article 132. Senators and representatives shall be elected for a period of four years, which begins on the 20th.
p.002015: July following the election.
p.002015: Article 133. Legislative Act 1 of 2009, article 5. Article 133 of the Political Constitution will read as follows:
p.002015: The members of collegiate bodies of direct election represent the people, and must act in consultation with the
p.002015: Justice and the common good. The vote of its members shall be nominal and public, except in cases determined by law.
p.002015: The elect is politically responsible to society and to its constituents for the fulfillment of obligations
p.002015: typical of his endowment.
p.002015: Article 134. Legislative Act 02 of 2015, article 4. Article 134 of the Political Constitution will read as follows:
p.002015: Members of the Public Corporations of popular election will not have substitutes. They can only be replaced in the
p.002015: cases of absolute or temporary absences determined by law, by non-elected candidates that according to the order of
p.002015: Registration or voting obtained, follow in succession and descending on the same electoral list.
p.002015: In no case may those who are convicted of common crimes related to membership be replaced,
p.002015: promotion or financing of illegal armed groups or drug trafficking activities; malicious against the administration
p.002015: public; against the mechanisms of democratic participation, not even for crimes against humanity. Nor who
p.002015: resigning having been formally linked in Colombia to criminal proceedings for the commission of such
p.002015: crimes, nor the temporary offenses of those against whom the arrest warrant was issued within the respective
p.002015: processes
p.002015: For the purposes of quorum formation, the total number of members of the
p.002015: Corporation with the exception of those seats that cannot be replaced. The same rule will apply in events
p.002015: of accepted incentives or challenges.
p.002015: If for absolute faults that do not result in replacement, the members of collegiate bodies elected in the same
p.002015: constituency are reduced by half or less, the National Electoral Council will convene
p.002015: elections to fill vacancies, as long as there are more than twenty-four (24) months until the end of the
p.002015: period.
p.002015: Transitional Paragraph While the legislator regulates the replacement regime, the following rules will apply: i)
p.002015: They constitute absolute faults that give rise to death replacement; absolute physical inability to exercise
p.002015: of the position; the declaration of nullity of the election; the waiver justified and accepted by the respective
p.002015: corporation; the disciplinary sanction consisting of dismissal, and the loss of investiture; ii) They constitute
p.002015: temporary offenses that give rise to replacement, maternity leave and the private insurance measure of the
p.002015: freedom for crimes other than those mentioned in this article.
p.002015: The prohibition of replacements shall apply for judicial investigations that were initiated as of the
p.002015: validity of Legislative Act number 01 of 2009, with the exception of the one related to the commission of crimes against
p.002015: public administration that will be applied for investigations initiated as of the validity of the
p.002015: present legislative act
p.002015: Of the Composition and Functions
p.002015: (Articles 132-134)
p.002015: 40 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 135. The powers of each Chamber are:
p.002015: 1. Choose your boards.
p.002015: 2. To elect its Secretary General, for periods of two years, counted from July 20, who must meet
p.002015: the same qualities indicated to be a member of the respective Chamber.
p.002015: 3. Request the Government for the reports it needs, except as provided in paragraph 2 of the following article.
p.002015: 4. Determine the holding of sessions reserved as a priority to the oral questions they ask
p.002015: the congressmen to the ministers and their responses. The rules regulate the matter.
p.002015: 5. Provide the jobs created by law for the fulfillment of their functions.
p.002015: 6. Obtain from the Government the cooperation of public administration bodies for the best performance of
p.002015: Your attributions
p.002015: 7. Organize your internal police.
p.002015: 8. Legislative Act 1 of 2007, article 1. Section 8 of Article 135 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: Appoint and require ministers, superintendents and directors of administrative departments to attend
p.002015: the sessions. Citations must be made at least five days in advance and made in
p.002015: written questionnaire In case the ministers, superintendents or directors of administrative departments
p.002015: do not attend, without excuse accepted by the respective Chamber, this may propose motion of censure. The ministers,
p.002015: Superintendents or administrative directors shall be heard at the session for which they were summoned, without
p.002015: prejudice that the debate continues in subsequent sessions by decision of the respective Chamber. The debate
p.002015: It cannot be extended to matters outside the questionnaire and must lead the agenda of the session.
p.002015: 9. Legislative Act 01 of 2007, article 2. Numeral 9 of article 135 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: Propose motion of censure regarding ministers, superintendents and department directors
p.002015: administrative for matters related to functions of the position, or for disregard of the requirements and
p.002015: Citations of the Congress of the Republic. The motion of censure, if any, should be proposed at least
p.002015: one tenth of the members that make up the respective Chamber. Voting will take place between the third and tenth day
p.002015: following the termination of the debate, with a public hearing of the respective official. Your approval will require
p.002015: the affirmative vote of the half plus one of the members of the Chamber that has proposed it. Once approved, the
p.002015: Official will be separated from his position. If it is rejected, no other can be presented on the same subject unless
p.002015: that motivate new facts. The resignation of the official in respect of which a motion of censure has been promoted is not
p.002015: obsta for it to be approved in accordance with the provisions of this article. Pronounced a Chamber on the motion
p.002015: of censorship his decision inhibits the other to pronounce on it.
p.002015: Article 136. The Congress and each of its Chambers are prohibited:
p.002015: 1. To interfere, through resolutions or laws, in matters of exclusive competence of other authorities.
p.002015: 2. Demand from the Government information on diplomatic instructions or on negotiations of a character
p.002015: reserved.
p.002015: 3. Give applause votes to official acts.
p.002015: 4. Decree in favor of individuals or entities donations, gratuities, aid, compensation, pensions
p.002015: or other expenditures that are not intended to satisfy credits or rights recognized under the law
p.002015: preexisting.
p.002015: 5. Decree acts of proscription or persecution against natural or legal persons.
p.002015: Of the Composition and Functions
p.002015: (Articles 135-136)
p.002015: COLOMBIA POLITICAL CONSTITUTION 41
p.002015: 6. Authorize trips abroad with money from the territory, except in compliance with specific missions, approved by the
p.002015: least by three quarters of the members of the respective Chamber.
p.002015: Article 137. Any permanent commission may summon any natural or legal person, so that in session
p.002015: special oral or written statements, which may be required under oath, on related facts
p.002015: directly with the inquiries that the commission made.
p.002015: If those who have been summoned excuse themselves from attending and the commission insists on calling them, the Court
p.002015: Constitutional, after hearing them, will resolve on the matter within ten days, under strict reservation.
p.002015: The reluctance of the aforementioned to appear or to render the required declarations will be sanctioned by the commission with
p.002015: the penalty indicated by the regulations in force for cases of contempt of law enforcement.
p.002015: If in the development of the investigation it is required, for its improvement, or for the pursuit of possible
p.002015: criminal offenders, the intervention of other authorities, will be urged for the relevant.
p.002015: EPISODE 2
p.002015: OF THE MEETING AND THE OPERATION
p.002015: Article 138. The Congress, by its own right, shall meet in ordinary sessions, for two periods per year, which
p.002015: they will constitute a single legislature. The first session will begin on July 20 and end on the 16th of
p.002015: December; the second on March 16 and will end on June 20.
p.002015: If for any reason you cannot meet on the indicated dates, you will do so as soon as possible, within
p.002015: the respective periods.
p.002015: The Congress will also meet in extraordinary sessions, by convocation of the Government and during the
p.002015: time this indicates.
p.002015: In the course of them, it may only deal with matters that the Government submits for its consideration, without prejudice to
p.002015: the function of political control that is proper to him, which he can exercise at all times.
p.002015: Article 139. The sessions of the Congress will be installed and closed jointly and publicly by the President
p.002015: of the Republic, without this ceremony, in the first event, being essential for Congress to exercise
p.002015: legitimately its functions.
p.002015: Article 140. The Congress is based in the capital of the Republic.
p.002015: The cameras may by agreement between them move their headquarters to another place and, in case of disturbance of the order
p.002015: public, may meet at the site designated by the President of the Senate.
p.002015: Article 141. The Congress will meet in one body only for the installation and closing of its
p.002015: sessions, to give possession to the President of the Republic, to receive Heads of State or Government from others
p.002015: countries, to elect the Comptroller General of the Republic and Vice President when it is necessary to replace the elect
p.002015: by the people, as well as deciding on the motion of censure, in accordance with article 135.
p.002015: In such cases, the President of the Senate and the President of the Chamber will respectively be President and Vice President of the
p.002015: Congress.
p.002015: Article 142. Each Chamber shall elect, for the respective constitutional period, permanent commissions to be processed.
p.002015: in the first debate the bills of legislative act or law.
p.002015: The law will determine the number of permanent commissions and that of its members, as well as the matters of which
p.002015: Each one should take care.
p.002015: When the Permanent Constitutional Commissions jointly meet, the quor-
p.002015: Meeting and Operation
p.002015: (Articles 137-142)
p.002015: 42 COLOMBIA POLITICAL CONSTITUTION
p.002015: Rum decision will be the one required for each of the commissions individually considered.
p.002015: Article 143. The Senate of the Republic and the House of Representatives may provide that any of the
p.002015: standing commissions session during the recess, in order to discuss the issues that have been pending
p.002015: in the previous period, to carry out the studies that the respective corporation determines and to prepare the
p.002015: projects commissioned by the Chambers.
p.002015: Article 144. Legislative Act 01 of 2009, article 7. Article 144 of the Political Constitution will read as follows:
p.002015: The sessions of the Chambers and their Permanent Commissions will be public, with the limitations that may take place
p.002015: according to its regulation.
p.002015: The exercise of lobbying will be regulated by law.
p.002015: Article 145. The full Congress, the Chambers and their commissions may not open sessions or deliberate with less than one
p.002015: quarter of its members. Decisions can only be made with the assistance of most of the
p.002015: members
p.002015: of the respective corporation, unless the Constitution determines a different quorum.
p.002015: Article 146. In the full Congress, in the Chambers and in its permanent committees, decisions shall be taken by
p.002015: the majority of the votes of the attendees, unless the Constitution expressly requires a special majority.
p.002015: Article 147. The board of directors of the chambers and their permanent commissions will be renewed every year, to
p.002015: the legislature that began on July 20, and none of its members may be re-elected within it
p.002015: constitutional four-year term.
p.002015: Article 148. The rules on quorum and decision-making majorities shall also apply to other corporations.
p.002015: public of public choice.
p.002015: Article 149. Any meeting of members of Congress who, with the purpose of performing functions of the branch
p.002015: Legislative of the public power, it is carried out outside the constitutional conditions, it will be invalid; to the acts
p.002015: that you perform may not be given any effect, and those who participate in the deliberations will be sanctioned according to
p.002015: laws.
p.002015: CHAPTER 3 OF THE LAWS
p.002015: Article 150. It is up to Congress to make the laws. Through them, it performs the following functions:
p.002015: 1. Interpret, reform and repeal laws.
p.002015: 2. Issue codes in all branches of the legislation and reform its provisions.
p.002015: 3. Approve the national development and public investment plan to be undertaken or
p.002015: continue, with the determination of the resources and appropriations that are authorized for its execution, and the measures
p.002015: necessary to boost their compliance.
p.002015: 4. Define the general division of the territory in accordance with the provisions of this Constitution, establish the bases and
p.002015: conditions to create, eliminate, modify or merge territorial entities and establish their powers.
p.002015: Of the Laws
p.002015: (Articles 143-150)
p.002015: COLOMBIA POLITICAL CONSTITUTION 43
p.002015: 5. Confer special powers to departmental assemblies.
p.002015: 6. Vary, in extraordinary circumstances and for serious reasons of public convenience, the current residence of the
p.002015: high national powers
p.002015: 7. Determine the structure of the national administration and create, suppress or merge ministries, departments
p.002015: administrative, superintendencies, public establishments and other entities of the national order, indicating their
p.002015: objectives and organizational structure; regulate the creation and operation of the Regional Autonomous Corporations
p.002015: within a regime of autonomy; Likewise, create or authorize the constitution of industrial and commercial companies
p.002015: of the State and mixed economy societies.
p.002015: 8. Issue the rules to which the Government must comply for the exercise of the functions of
p.002015: inspection and surveillance indicated by the Constitution.
p.002015: 9. Grant authorizations to the Government to enter into contracts, negotiate loans and dispose of assets
p.002015: Nationals The Government will periodically report to Congress on the exercise of these authorizations.
p.002015: 10. Cover, for up to six months, the President of the Republic of precise extraordinary powers, to
p.002015: issue norms with force of law when the need demands it or the public convenience advises it. Such
p.002015: powers must be expressly requested by the Government and their approval will require an absolute majority of the
p.002015: members of both houses.
p.002015: The Congress may, at any time and on its own initiative, modify the decrees laws issued by the Government
p.002015: in use of extraordinary powers.
p.002015: These powers may not be conferred to request codes, statutory, organic laws, or those provided in the
p.002015: numeral 20 of this article, nor to decree taxes.
p.002015: 11. Establish national income and fix the
p.002015: Administration expenses
p.002015: 12. Establish tax contributions and, exceptionally, parafiscal contributions in cases and under
p.002015: the conditions established by law.
p.002015: 13. Determine the legal currency, convertibility and scope of its release power, and fix the system
p.002015: of weights and measures.
p.002015: 14. Approve or improper contracts or agreements that, for reasons of obvious national need, have concluded
p.002015: the President of the Republic, with individuals, companies or public entities, without prior authorization.
p.002015: 15. Decree honors to citizens who have rendered services to the homeland.
p.002015: 16. Approve or improper treaties that the Government concludes with other States or with legal entities
p.002015: international. Through said treaties, the State may, on the basis of equity, reciprocity and convenience
p.002015: national, partially transfer certain attributions to international organizations, whose purpose is
p.002015: promote or consolidate economic integration with other states.
p.002015: 17. To grant, by a majority of two thirds of the votes of the members of both Houses and for serious reasons
p.002015: of public convenience, amnesties or general pardons for political crimes. In case the
p.002015: favored are exempted from civil liability with regard to individuals, the State will be obliged to
p.002015: compensation to which it may take place.
p.002015: 18. Dictate the rules on appropriation or adjudication and recovery of wastelands.
p.002015: 19. Dictate the general norms, and indicate in them the objectives and criteria to which the
p.002015: Government for the following effects:
p.002015: a) Organize public credit;
p.002015: b) Regulate foreign trade and indicate the international exchange regime, in accordance with
p.002015: Of the Laws
p.002015: (Article 150)
p.002015: 44 COLOMBIA POLITICAL CONSTITUTION
p.002015: the functions that the Constitution establishes for the Board of Directors of the Banco de la República;
p.002015: c) Modify tariffs, tariffs and other provisions for commercial policy reasons
p.002015: concerning the customs regime;
p.002015: d) Regulate financial, stock market, insurance and any other activities related to management,
p.002015: use and investment of resources collected from the public;
p.002015: e) Establish the salary and benefits system for public employees, members of the National Congress and the
p.002015: Public force.
p.002015: f) Regulate the system of minimum social benefits for official workers. These functions in
p.002015: The pertinent to social benefits are non-delegable in the Territorial Public Corporations and these may not
p.002015: Add them up.
p.002015: 20. Create the administrative and technical services of the Chambers.
p.002015: 21. Issue the laws of economic intervention, provided for in article 334, which shall provide for their purposes
p.002015: and scope and limits to economic freedom.
p.002015: 22. Issue laws related to the Bank of the Republic and the functions of its Board
p.002015: Directive.
p.002015: 23. Issue the laws that will govern the exercise of public functions and the provision of public services.
p.002015: 24. Regulate the regime of industrial property, patents and trademarks and other forms of intellectual property.
p.002015: 25. Unify the rules on traffic police
p.002015: throughout the territory of the Republic.
p.002015: It is the responsibility of the Congress to issue the general contracting statute of the public administration and especially of the
p.002015: national administration
p.002015: Article 151. The Congress shall issue organic laws to which the exercise of
p.002015: Legislative activity Through them the regulations of the Congress and of each of the
p.002015: Chambers, the rules on preparation, approval and execution of the income budget and appropriations law and the
p.002015: general development plan, and those related to the allocation of regulatory powers to territorial entities.
p.002015: Organic laws will require, for approval, the absolute majority of the votes of the members of one and the other
p.002015: Camera.
p.002015: Article 152. Through statutory laws, the Congress of the Republic shall regulate the following matters:
p.002015: a) Fundamental rights and duties of individuals and the procedures and resources for their protection;
p.002015: b) Administration of justice;
p.002015: c) Organization and regime of political parties and movements; statute of the opposition and functions
p.002015: electoral
p.002015: d) Institutions and mechanisms for citizen participation;
p.002015: e) States of exception.
p.002015: f) Legislative Act 02 of 2004, article 4. Add to article 152 of the Constitution a literal f)
p.002015: and a transitory paragraph, as follows: Electoral equality between candidates for the Presidency of the Republic that
p.002015: meet the requirements determined by law.
p.002015: g) Legislative Act 02 of 2012, article 2. Add to article 152 of the Political Constitution
p.002015: a literal g) as follows: The matters expressly indicated in articles 116 and 221 of the Constitution, pursuant to
p.002015: Give with this legislative act.
p.002015: Transitional Paragraph The national government or members of Congress will present, before the 1st of
p.002015: March 2005, a Draft Statutory Law that develops subparagraph f) of Article 152 of the
p.002015: Constitution and also regulate, between
p.002015: Of the Laws
p.002015: (Articles 151-152)
p.002015: COLOMBIA POLITICAL CONSTITUTION 45
p.002015: others, the following matters: Guarantees to the opposition, participation in public servants policy, law
p.002015: to equitable access to the means of communication that make use of the electromagnetic spectrum, financing
p.002015: predominantly state of the presidential campaigns, right of reply in conditions of equity when the
p.002015: President of the Republic is a candidate and rules on disability for candidates for the Presidency of the
p.002015: Republic.
p.002015: The project will have an urgent message and may be subject to a message of insistence if necessary. The congress
p.002015: of the Republic will issue the Statutory Law before June 20, 2005. The terms for the
p.002015: prior review of the exequibility of the Draft Statutory Law, by the Constitutional Court.
p.002015: Article 153. The approval, modification or repeal of statutory laws will require an absolute majority
p.002015: of the members of Congress and must be carried out within a single legislature.
p.002015: Said procedure will include the previous review, by the Constitutional Court, of the exequibility of the project.
p.002015: Any citizen may intervene to defend or challenge it.
p.002015: Article 154. Laws may originate in any of the Chambers at the proposal of their respective members, of the
p.002015: National government, of the entities indicated in article 156, or by popular initiative in the cases
p.002015: provided in the Constitution.
p.002015: However, only the laws referred to by the Government may be dictated or amended at the initiative of the Government
p.002015: numerals 3, 7, 9, 11 and 22 and literals a),
p.002015: b) and e), numeral 19 of article 150; those that order participation in national income or transfers
p.002015: from the same; those that authorize contributions or subscriptions from the State to industrial companies
p.002015: or commercial and those that decree exemptions from national taxes, contributions or fees.
p.002015: The Chambers may introduce modifications to
p.002015: the projects presented by the Government.
p.002015: The bills related to taxes will begin processing in the House of Representatives and those that are
p.002015: refer to international relations, in the Senate.
p.002015: Article 155. They may submit bills or constitutional reform, a number of citizens equal or
p.002015: greater than five percent of the existing electoral census on the respective date or thirty percent of the
p.002015: councilors or deputies of the country. The popular initiative will be processed by Congress, in accordance with
p.002015: established in article 163, for the projects that have been the object of urgent manifestation.
p.002015: Proposing citizens will have the right to designate a spokesperson who will be heard by the Chambers at all stages of the
p.002015: Procedure.
p.002015: Article 156. The Constitutional Court, Judicial Government Council *, the Supreme Court of Justice, the Council
p.002015: of State, the National Electoral Council, the Attorney General of the Nation, the Comptroller General of the Republic,
p.002015: They have the ability to present bills in matters related to their functions.
p.002015: * Legislative Act 02 of 2015 Article 26. Concordances, validities and derogations. Replace the expression
p.002015: “Superior Council of the Judiciary” by the “National Judicial Discipline Commission” in article 116 of the
p.002015: Political constitution.
p.002015: Article 157. No project shall be law without the following requirements:
p.002015: 1. Having been officially published by the Congress, before proceeding with the respective commission.
p.002015: 2. Having been approved in the first debate in the corresponding permanent commission of each Chamber. The regulation of
p.002015: Congress will determine the cases in which the first debate will take place in a joint session of the commissions
p.002015: permanent of both Chambers.
p.002015: Of the Laws
p.002015: (Articles 153-157)
p.002015: 46 COLOMBIA POLITICAL CONSTITUTION
p.002015: 3. Have been approved in each Chamber in second debate.
p.002015: 4. Having obtained the sanction of the Government.
p.002015: Article 158. Every bill must refer to the same subject matter and the provisions or
p.002015: modifications that do not relate to it. The President of the respective commission will reject the
p.002015: initiatives that are not accepted with this precept, but their decisions will be appealable to the same commission. The law
p.002015: that is subject to partial reform will be published in a single text that incorporates the approved modifications.
p.002015: Article 159. The bill that had been denied in the first debate may be considered by the respective
p.002015: Chamber at the request of its author, a member of it, the Government or the spokesperson of the proponents in cases of
p.002015: popular initiative.
p.002015: Article 160. Between the first and the second debate must mediate a period of not less than eight days, and between the
p.002015: approval of the project in one of the Chambers and the initiation of the debate in the other, must take place at least
p.002015: fifteen days.
p.002015: During the second debate each Chamber may introduce to the project the modifications, additions and deletions that
p.002015: judge necessary.
p.002015: In the report to the full Chamber for second debate, the rapporteur must record all the proposals that
p.002015: they were considered for the commission and the reasons that determined their rejection.
p.002015: Every Bill or Legislative Act must have a report on the corresponding commission
p.002015: responsible for processing it, and must be given the corresponding course.
p.002015: Legislative Act 01 of 2003, article 8. Article 160 of the Political Constitution will have an additional subsection of the
p.002015: next tenor: No bill will be put to a vote in a session other than the one that
p.002015: previously announced. The notice that a project will be put to the vote will be given by the Presidency of each
p.002015: Chamber or Commission
p.002015: in a session other than the one in which the vote will take place.
p.002015: Article 161. Legislative Act 01 of 2003, article 9. Article 161 of the Political Constitution will remain
p.002015: So:
p.002015: When discrepancies arise in the Chambers regarding a project, both will integrate
p.002015: conciliators made up of the same number of Senators and Representatives, who gathered together,
p.002015: they will try to reconcile the texts, and if not possible, they will define by majority.
p.002015: After publication at least one day in advance, the chosen text will be subject to debate and
p.002015: approval of the respective plenaries. If after the repetition of the second debate the difference persists,
p.002015: Consider the project denied.
p.002015: Article 162. The bills that have not completed their process in a legislature and that would have
p.002015: received the first debate in one of the Chambers, they will continue their course in the next one, in the state in which they
p.002015: find. No project may be considered in more than two legislatures.
p.002015: Article 163. The President of the Republic may request an urgent procedure for any bill.
p.002015: In that case, the respective Chamber must decide on it within thirty days. Even within this
p.002015: During this period, the manifestation of urgency can be repeated in all the constitutional stages of the project. Yes
p.002015: the President insists on the urgency, the project will have priority in the agenda excluding the consideration
p.002015: deration of any other matter, until the respective Chamber or commission decides on it.
p.002015: If the bill referred to in the urgency message is for the study of a permanent commission,
p.002015: this, at the request of the Government, will jointly release with the corresponding of the other Chamber to give
p.002015: First debate
p.002015: Article 164. The Congress will give priority to the processing of the bills approving the
p.002015: Of the Laws
p.002015: (Articles 158-164)
p.002015: COLOMBIA POLITICAL CONSTITUTION 47
p.002015: human rights treaties that are submitted for consideration by the Government.
p.002015: Article 165. Approved a bill by both Chambers, will pass to the Government for sanction.
p.002015: If he does not object to it, he shall provide that it be promulgated as law; if I object, he will return it to the Chamber in which he had
p.002015: origin.
p.002015: Article 166. The Government has six days to objectively return any project when it does not
p.002015: consist of more than twenty articles; ten days, when the project contains twenty-one to fifty articles;
p.002015: and up to twenty days when the articles are more than fifty.
p.002015: If after the aforementioned terms have elapsed, the Government would not have returned the project with objections,
p.002015: the President must sanction and promulgate it.
p.002015: If the Chambers enter into recess within these terms, the President shall have the duty to publish the
p.002015: project sanctioned or objected within those deadlines.
p.002015: Article 167. The bill fully or partially objected by the Government will return to the Chambers to second
p.002015: debate.
p.002015: The President shall sanction without being able to present objections to the project that, reconsidered, is approved by the
p.002015: half plus one of the members of both houses.
p.002015: Except the case in which the project was objected as unconstitutional. In such an event, if the Chambers
p.002015: insist, the project will go to the Constitutional Court so that, within six days
p.002015: Next decide on your exequibility. The ruling of the Court obliges the President to sanction the law. If you declare it
p.002015: Unavailable, the project will be archived.
p.002015: If the Court considers that the project is partially unenforceable, it will indicate this to the Chamber in which it had its
p.002015: origin so that, heard the Minister of the branch, redo and integrate the provisions affected in terms
p.002015: concordant with the opinion of the Court. Once this procedure has been completed, the project will be sent to the Court for
p.002015: final ruling
p.002015: Article 168. If the President does not fulfill the duty to sanction the laws in the terms and according to the conditions that
p.002015: The Constitution establishes, will be sanctioned and promulgated by the President of Congress.
p.002015: Article 169. The title of the laws must correspond precisely to their content, and their text shall precede
p.002015: this formula:
p.002015: “The Congress of Colombia, DECREE”
p.002015: Article 170. A number of citizens equivalent to one tenth of the electoral roll may apply to the
p.002015: electoral organization the convening of a referendum for the repeal of a law.
p.002015: The law will be repealed if so determined by half plus one of the voters who attend the act of
p.002015: consultation, as long as a quarter of the citizens that make up the electoral roll participate.
p.002015: The referendum regarding the laws approving international treaties, nor the Law on
p.002015: Budget, nor those related to fiscal or tax matters.
p.002015: Of the Laws
p.002015: (Articles 165-170)
p.002015: 48 COLOMBIA POLITICAL CONSTITUTION
p.002015: CHAPTER 4
p.002015: OF THE SENATE OF THE REPUBLIC
p.002015: Article 171. The Senate of the Republic shall consist of one hundred members elected in a national constituency.
p.002015: There will be an additional number of two senators elected in a special national constituency by communities
p.002015: natives.
p.002015: Colombian citizens who are or reside abroad may vote in the Senate elections
p.002015: of the Republic.
p.002015: The Special Circumscription for the election of senators by the indigenous communities will be governed by the system of
p.002015: electoral quotient.
p.002015: The representatives of the indigenous communities who aspire to integrate the Senate of the Republic must have
p.002015: held a position of traditional authority in their respective community or having been a leader of an indigenous organization,
p.002015: quality to be accredited by the certificate of the respective organization, endorsed by the Minister of Government.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 172. To be elected senator, it is required to be a Colombian by birth, a practicing citizen and have more
p.002015: thirty years old on the date of the election.
p.002015: Article 173. The powers of the Senate are:
p.002015: 1. To admit or not the resignations that the President of the Republic or the Vice-president make of their jobs.
p.002015: 2. Approve or improper military promotions conferred by the Government, from general officers and
p.002015: insignia of the public force, to the highest degree.
p.002015: 3. Granting permission to the President of the Republic to temporarily separate from office, not
p.002015: in case of illness, and decide on the excuses of the Vice President to exercise the Presidency of the
p.002015: Republic.
p.002015: 4. Allow the transit of foreign troops through the territory of the Republic.
p.002015: 5. Authorize the Government to declare war on another nation.
p.002015: 6. To elect the judges of the Constitutional Court.
p.002015: 7. Choose the Attorney General of the Nation.
p.002015: Article 174. Legislative Act 02 of 2015, article 5. Article 174 of the Political Constitution will read as follows:
p.002015: It is the responsibility of the Senate to hear the accusations made by the House of Representatives against the President
p.002015: of the Republic or those who do their times and against the members of the Aforados Commission, even if they have ceased
p.002015: in the exercise of their positions. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: Article 175. In the trials that are followed before the Senate, these rules will be observed:
p.002015: The defendant is in fact suspended from his employment, provided that an accusation is publicly admitted.
p.002015: If the accusation refers to crimes committed in the exercise of functions, or to indignity for misconduct, the
p.002015: The Senate may not impose any other penalty than the dismissal of employment, or temporary deprivation or absolute loss of
p.002015: political rights; but the criminal will be prosecuted before the Court
p.002015: Of the Senate of the Republic
p.002015: (Articles 171-175)
p.002015: COLOMBIA POLITICAL CONSTITUTION 49
p.002015: Supreme Justice, if the facts constitute him responsible for infraction that deserves another penalty.
p.002015: 3. If the accusation refers to common crimes, the Senate will only declare whether or not there is room for monitoring
p.002015: cause and, if so, will make the defendant available to the Supreme Court.
p.002015: 4. The Senate may commit the instruction of the processes to a delegation of its own, reserving the
p.002015: trial and final judgment, which will be pronounced in public session, by at least two thirds of
p.002015: the votes of the Senators present.
p.002015: CHAPTER 5
p.002015: OF THE CHAMBER OF REPRESENTATIVES
p.002015: Article 176. Legislative Act 1 of 2013, article 1. Article 176 of the Constitution will read as follows:
p.002015: The House of Representatives will be elected in territorial constituencies and special constituencies.
p.002015: Legislative Act 02 of 2015. Article 6. Amend subsections 2 and 4 of article 176 of the Constitution
p.002015: Policy, which will look like this:
p.002015: 2nd item
p.002015: Each department and the capital district of Bogotá will form a territorial constituency. There will be two
p.002015: representatives for each territorial circumscription and one more for every 365,000 inhabitants or greater fraction
p.002015: of 182,500 who have in excess of the first 365,000. The territorial circumscription conformed by the
p.002015: department of San Andrés, Providencia and Santa Catalina, will additionally elect one (1) Representative for the
p.002015: Root community of said department, in accordance with the law.
p.002015: For the election of Representatives to the Chamber, each department and the Capital District of Bogotá will form a
p.002015: territorial circumscription.
...

p.002015: 4th subsection
p.002015: Special constituencies will ensure participation in the House of Representatives of the groups
p.002015: ethnic and Colombian
p.002015: residents abroad. Through these circumscriptions, four (4) Representatives will be elected, distributed as follows:
p.002015: two (2) for the circumscription of Afro-descendant communities, one (1) for the circumscription of
p.002015: indigenous communities, and one (1) for the international constituency. In the latter, only votes will be counted
p.002015: deposited outside the national territory by citizens residing abroad.
p.002015: Paragraph 1. As of 2014, the basis for the allocation of additional seats will be adjusted therein
p.002015: proportion of the growth of the national population, as determined by the census. It will correspond to the
p.002015: electoral organization adjust the figure for the allocation of seats.
p.002015: Paragraph 2. If, as a result of the application of the formula contained in this article, a constituency
p.002015: territorial loses one or more cu- rules, it will maintain the same ones that corresponded to July 20, 2002.
p.002015: Transitional Paragraph The Congress of the Republic shall regulate the international constituency no later than 16
p.002015: December 2013; otherwise, the national government will do it within thirty (30) days following
p.002015: That date. Said regulations will include, among other topics, the registration of candidates, and the registration of
p.002015: citizens qualified to vote abroad, the mechanisms to promote participation and realization
p.002015: of vote counting through consulates and embassies, and financing
p.002015: From the House of Representatives
p.002015: (Article 176)
p.002015: 50 COLOMBIA POLITICAL CONSTITUTION
p.002015: State for visits abroad by the elected representatives.
p.002015: Article 177. To be elected representative, you must be a practicing citizen and have more than
p.002015: twenty-five years old on the date of the election.
p.002015: Article 178. The House of Representatives will have the following special powers:
p.002015: 1. Choose the Ombudsman.
p.002015: 2. Examine and hold the general account of the budget and the treasury presented by the Comptroller General of the
p.002015: Republic.
p.002015: 3. Legislative Act 02 of 2015, article 7. The third paragraph of article 178 of the Constitution
p.002015: Policy will remain as follows: Charge before the Senate, upon request of the * Commission of Investigation and Accusation of the Chamber
p.002015: of Representatives, when there are constitutional causes, to the President of the Republic or to those who make their
p.002015: times and to the Members of the Commission of Aforados.
p.002015: * Legislative Act 02 of 2015 Article 26. Agreements, validities and derogations. The Commission of
p.002015: Investigation and Indictment of the House of Representatives mentioned in article 178 of the Constitution
p.002015: Politics will not be one of the permanent committees provided for in article 142 thereof.
p.002015: 4. Be aware of the complaints and complaints filed before it by the Attorney General or by the
p.002015: individuals against the above-mentioned officials and, if they merit, found charges against the Senate.
p.002015: 5. Require the help of other authorities for the development of the investigations that correspond to it, and commission
p.002015: for the practice of tests when deemed convenient.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 178-A. Legislative Act 02 of 2015, article 8. Article 178-A is added to the Political Constitution. The
p.002015: Judges of the Constitutional Court, of the Supreme Court of Justice, of the Council of State, of the
p.002015: National Judicial Discipline Commission and the Attorney General of the Nation will be responsible for any infraction
p.002015: to the disciplinary or criminal law committed in the exercise of their functions or on the occasion of these. In any case, you cannot
p.002015: be liable at any time for the votes and opinions cast in their judicial orders or
p.002015: consultative, proffered in the exercise of their functional independence, without prejudice to the responsibility to which there is
p.002015: place for unduly favoring their own interests or those of others.
p.002015: A Commission of Aforados will be competent to investigate and accuse, in accordance with the law and principles
p.002015: of due process, to the officials indicated in the previous paragraph, even if they had ceased in the
p.002015: exercise of their charges. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: If the investigation refers to disciplinary offenses of indignity for misconduct, the Commission of Aforados
p.002015: will advance the investigation and, where appropriate, present the accusation before the House of Representatives.
p.002015: In no case may other penalties be imposed than the suspension or dismissal of employment. The decision of the
p.002015: House of Representatives may be appealed to the Senate of the Republic. The Congress will in no case practice
p.002015: tests. Against the decision of the Senate there will be no recourse or action.
p.002015: If the investigation concerns crimes, the Commission of Aforados will also present the accusation to the Court
p.002015: Supreme Justice, so that the trial will be carried out there. In the case of judgments against magistrates of
p.002015: The Supreme Court of Justice, the conjuncts will be appointed by the State Council.
p.002015: The Commission will have a period of sixty days to present the accusation in the case of failure
p.002015: disciplinary indignity for misconduct
p.002015: From the House of Representatives
p.002015: (Articles 177-178A)
p.002015: COLOMBIA POLITICAL CONSTITUTION 51
p.002015: ta, and the House of Representatives will have thirty days to decide. In any case, the Commission may continue
p.002015: with the investigation of the criminal cause of having a place to do so and of finding merit to accuse,
p.002015: advance the procedure provided for in the preceding paragraph, in the term provided by law.
p.002015: The Commission will consist of five members, elected by the Plenary Congress for personal periods of
p.002015: eight years, of lists sent by the Judicial Government Council and drawn up by public notice
p.002015: advanced by the Management of the Judicial Branch in the terms established by law.
p.002015: The members of the Commission of Aforados must comply with the qualities required to be Magistrates of the
p.002015: Supreme Court of Justice and will be subject to the same regime of disabilities and incompatibilities.
p.002015: The Plenary Chambers of the Constitutional Court, of the Supreme Court of Justice, of the Council of State and of
p.002015: the National Judicial Discipline Commission may request the suspension of one from the Aforados Commission
p.002015: of its members while deciding the accusation for disciplinary offenses of unworthiness for misconduct.
p.002015: The law shall establish the procedure to determine fiscal responsibility when the amounts indicated in this
p.002015: Article exert administrative functions.
p.002015: Transitional Paragraph Without prejudice to the provisions of paragraph 3 of article 178, the Commission of
p.002015: Investigation and Accusations of the House of Representatives will maintain, for a year counted from the
p.002015: entry into force of this Legislative Act, the competence to investigate the events that occurred before the
...

p.002015: magistrates of the Superior Council of the Judiciary. The House of Representatives will adopt the decisions
p.002015: administrative requirements so that during that period, the investigating representatives can:
p.002015: a) To issue an inhibitory resolution in cases that do not merit formal opening of investigation when it appears that the
p.002015: conduct has not existed, which is objectively atypical, that the criminal action cannot be initiated or that is demonstrated
p.002015: a cause of absence of responsibility.
p.002015: b) Refer the investigation to the competent authority if it is a matter of acts committed outside the exercise of their
p.002015: functions and the researcher would have ceased in the exercise of his position.
p.002015: c) Order the investigation opening when the legal assumptions that merit it are given and send it to
p.002015: the Aforados Commission to assume the process.
p.002015: d) Present the accusation before the Plenary of the House of Representatives in relation to open investigations,
p.002015: when the legal assumptions that merit it are given.
p.002015: e) Send to the Commission of Aforados all other investigations, in the state in which they are,
p.002015: including those advanced against the magistrates of the Superior Council of the Judiciary.
p.002015: As long as the law does not adopt the applicable procedure, the Aforados Commission will be governed by the procedural regime
p.002015: used in the investigations carried out by the Investigation and Accusation Commission and the regulations that replace it
p.002015: modify it.
p.002015: From the House of Representatives
p.002015: (Article 178A)
p.002015: 52 COLOMBIA POLITICAL CONSTITUTION
p.002015: CHAPTER 6
p.002015: OF THE CONGRESISTS
p.002015: Article 179. They may not be congressmen:
p.002015: 1. Those who have been convicted at any time by court order, under penalty of deprivation of liberty, except
p.002015: for political or guilty crimes.
p.002015: 2. Those who have exercised, as public employees, jurisdiction or political, civil, administrative or administrative authority or
p.002015: military, within twelve months prior to the date of the election.
p.002015: 3. Those who have intervened in business management before public entities, or in the conclusion of contracts with
p.002015: they in their own interest, or that of third parties, or have been legal representatives of entities that manage
p.002015: tributes or parafiscal contributions, within six months prior to the date of the election.
p.002015: 4. Those who have lost the investor's investiture.
p.002015: 5. Those who have links by marriage, or permanent union, or kinship in the third degree of
p.002015: consanguinity, first of affinity, or sole civilian, with officials exercising civil or political authority.
p.002015: 6. Those who are linked to each other by marriage, or permanent union, or kinship within the third grade
p.002015: of consanguinity, second of affinity, or first civilian, and register for the same party, movement or group
p.002015: for election of positions, or of members of public corporations that must be made on the same date.
p.002015: 7. Those who have dual citizenship, except Colombians by birth.
p.002015: 8. No one may be elected for more than one Corporation or public office, nor for a Corporation and a position, if the
p.002015: respective periods coincide in time, even partially.
p.002015: The disabilities provided in numerals 2, 3, 5 and 6 refer to situations that take place in the
p.002015: constituency in which the respective election must be made. The law will regulate the other cases of disabilities
p.002015: by kinship, with the authorities not contemplated in these provisions.
p.002015: For the purposes of this article it is considered that the national constituency coincides with each of the
p.002015: territorial, except for the disability indicated in numeral 5.
p.002015: Article 180. Congressmen may not:
p.002015: 1. Perform public or private position or employment.
p.002015: 2. Manage, on their own behalf or on behalf of others, matters before public entities or before the persons who
p.002015: administer taxes, be empowered before them, celebrate with them, by themselves or by interposed person, contract
p.002015: any. The law establishes exceptions to this provision.
p.002015: 3. Legislative Act 03 of 1993, article 2. Article 261 of the Political Constitution will read as follows: Paragraph 2.
p.002015: Numeral 3 of article 180 of the Constitution will read as follows:
p.002015: Be a member of boards or boards of directors of decentralized official entities of any level or of
p.002015: institutions that administer taxes.
p.002015: Enter into contracts or make arrangements with natural or legal persons under private law to administer,
p.002015: manage or invest public funds or be contractors of the State or receive donations from it. The exception is
p.002015: acquisition of goods or services offered to citizens on equal terms.
p.002015: Paragraph 1. The exercise of the university chair is excluded from the incompatibility regime.
p.002015: Of the Congressmen
p.002015: (Articles 179-180)
p.002015: COLOMBIA POLITICAL CONSTITUTION 53
p.002015: Paragraph 2. The official who, in contravention of this article, appoints a Congressman for a
p.002015: employment or position or enter into a contract with him or accept that he acts as a manager on his own behalf or on behalf of third parties,
p.002015: will incur cause for misconduct.
p.002015: Article 181. The incompatibilities of the congressmen will be valid during the constitutional period
p.002015: respective. In case of resignation, they will be maintained during the year following their acceptance, if the time lacks to
p.002015: the expiration of the period will be higher.
p.002015: Whoever is called to hold the position will be subject to the same regime of disabilities and incompatibilities to
p.002015: from his possession.
p.002015: Article 182. The congressmen must inform the respective Chamber of the situations of
p.002015: moral or economic character that inhibit them to participate in the processing of matters submitted for consideration.
p.002015: The law will determine what is related to conflicts of interest and objections.
p.002015: Article 183. The congressmen will lose their investiture:
p.002015: 1. For violation of the disability and incompatibility regime, or the conflict of interest regime.
p.002015: 2. Due to the absence, in the same session, of six plenary meetings in which projects of
p.002015: legislative act, law or censorship motions.
p.002015: 3. For not taking possession of the position within eight days following the date of installation of the Chambers,
p.002015: or on the date they were called to take possession.
p.002015: 4. Due to undue destination of public money.
p.002015: 5. Due to influence traffic duly verified.
p.002015: Causes 2 and 3 will not apply when force majeure.
p.002015: Article 184. The loss of the investiture shall be decreed by the State Council in accordance with the law and in
p.002015: a term not exceeding twenty business days, counted from the date of the request made by the table
p.002015: directive of the corresponding chamber or by any citizen.
p.002015: Article 185. The congressmen shall be inviolable by the opinions and votes they cast in the exercise of office,
p.002015: without prejudice to the disciplinary rules contained in the respective regulations.
p.002015: Article 186. Of the crimes committed by congressmen, the Supreme Court of Justice will know privately,
p.002015: only authority that can order his detention. In case of flagrant crime they must be apprehended and placed
p.002015: immediately available to the same corporation.
p.002015: Article 187. The allocation of members of Congress shall be readjusted every year in proportion equal to the average
p.002015: weighted of the changes in the remuneration of the central administration's servers, according to
p.002015: certification issued by the Comptroller General of the Republic for this purpose.
p.002015: Of the Congressmen
p.002015: (Articles 181-187)
p.002015: 54 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE VII
p.002015: OF THE EXECUTIVE BRANCH
p.002015: CHAPTER 1
p.002015: THE PRESIDENT OF THE REPUBLIC
p.002015: Article 188. The President of the Republic symbolizes national unity and by swearing the fulfillment of the
p.002015: Constitution and laws, is obliged to guarantee the rights and freedoms of all Colombians.
p.002015: Article 189. It corresponds to the President of the Republic as Head of State, Head of Government and Supreme Authority
p.002015: Administrative:
p.002015: 1. Appoint and separate freely the Ministers of the Office and the Directors of Administrative Departments.
p.002015: 2. Direct international relations. Appoint diplomatic and consular agents, receive agents
p.002015: respective and conclude with other States and entities of international law treaties or agreements that will be subject to
p.002015: Congress approval.
p.002015: 3. Lead the public force and dispose of it as Supreme Commander of the Armed Forces of the
p.002015: Republic.
p.002015: 4. Keep public order throughout the territory and restore it where it is disturbed.
p.002015: 5. Direct war operations when deemed appropriate.
p.002015: 6. Provide the external security of the Republic, defending the independence and honor of the nation and the
p.002015: inviolability of the territory; declare war with the permission of the Senate, or do it without such authorization
p.002015: to repel a foreign aggression; and agree and ratify the peace treaties, all of which will give immediate account
p.002015: to Congress
p.002015: 7. Allow, in recess of the Senate, following the opinion of the State Council, the transit of foreign troops through the
p.002015: Republic territory.
p.002015: 8. Install and close the sessions of the Congress in each legislature.
p.002015: 9. Sanction the laws.
p.002015: 10. Promulgate laws, obey them and ensure strict compliance.
p.002015: 11. Exercise the regulatory power, by issuing the decrees, resolutions and orders necessary to
p.002015: the fulfilled execution of the laws.
p.002015: 12. Submit a report to Congress, at the beginning of each legislature, on the acts of the Administration, on the
p.002015: execution of economic and social development plans and programs, and about the projects that the Government will
p.002015: propose to advance during the term of the new legislature.
p.002015: 13. Appoint the presidents, directors or managers of the national public establishments and the persons who
p.002015: they must perform national jobs whose provision is not by competition or does not correspond to other officials or
p.002015: corporations, according to the Constitution or the law.
p.002015: In any case, the Government has the power to freely appoint and remove its agents.
p.002015: 14. Create, merge or abolish, according to the law, the jobs demanded by the central administration, indicate
p.002015: their special functions and set their endowments and emoluments. The Government may not create, from the treasury,
p.002015: obligations that exceed the overall amount set for the respective service in the initial appropriations law.
p.002015: 15. Suppress or merge national administrative entities or bodies in accordance with the law.
p.002015: From the Executive Branch, From the President of the Republic (Articles
p.002015: 188-189)
p.002015: COLOMBIA POLITICAL CONSTITUTION 55
p.002015: 16. Modify the structure of the Ministries, Administrative Departments and other entities or organizations
p.002015: national administrative authorities, subject to the general principles and rules defined by law.
p.002015: 17. Distribute businesses according to their nature, among Ministries, Administrative Departments and Establishments
p.002015: Public
p.002015: 18. Grant permission to national public employees who request it, to accept, with character
p.002015: temporary, charges or grants from foreign governments.
p.002015: 19. Confer degrees to members of the public force and submit for approval of the Senate those that correspond to
p.002015: according to article 173.
p.002015: 20. Ensure strict collection and administration of public revenues and flows and decree your investment of
p.002015: according to the laws.
p.002015: 21. Exercise the inspection and supervision of education in accordance with the law.
p.002015: 22. Exercise the inspection and surveillance of the provision of public services.
p.002015: 23. Celebrate the corresponding contracts subject to the Constitution and the law.
p.002015: 24. Exercise, in accordance with the law, inspection, surveillance and control over people who carry out activities
p.002015: financial, stock market, insurance and any other related to the management, use or investment of
p.002015: resources captured from the public. Likewise, on cooperative entities and commercial companies.
p.002015: 25. Organize the Public Credit; recognize the national debt and fix its service; modify tariffs,
p.002015: tariffs and other provisions concerning the customs regime; regulate foreign trade; and exercise the
p.002015: intervention in financial, stock market, insurance and any other activities related to management,
p.002015: use and investment of resources from third party savings in accordance with the law.
p.002015: 26. Exercise inspection and surveillance of institutions of common utility so that their income is preserved and
p.002015: are duly applied and so that in all essentials the will of the founders is fulfilled.
p.002015: 27. Grant a patent of temporary privilege to the authors of useful inventions or improvements, with
p.002015: according to the law
p.002015: 28. Issue naturalization letters, in accordance with the law.
p.002015: Article 190. The President of the Republic will be elected for a period of four years, in half plus one of the
p.002015: votes that, secretly and directly, citizens deposit on the date and with the formalities determined by the
p.002015: law. If no candidate obtains such a majority, a new vote will be held that will take place three more weeks
p.002015: later, in which only the two candidates who obtained the highest votes will participate. Will be
p.002015: declared President who obtains the highest number of votes.
p.002015: In case of death or permanent physical incapacity of any of the two candidates with a majority of votes, their party
p.002015: The political movement may register a new candidate for the second round. If it does not or if it is missing
p.002015: it is due to another cause, it will be replaced by whoever obtained the third vote; and so on and in order
p.002015: descending.
p.002015: If the offense occurs less than two weeks before the second round, it will be postponed for fifteen days.
p.002015: Article 191. To be President of the Republic it is necessary to be Colombian by birth, citizen in exercise and
p.002015: over thirty years old
p.002015: Article 192. The President of the Republic will take possession of his destiny before the Congress, and will take an oath in
p.002015: these terms: "I swear to God and I promise the people to faithfully comply with the Constitution and laws of Colombia."
p.002015: Of the Executive Branch, of the President of the Republic Articles
p.002015: (190-192)
p.002015: 56 COLOMBIA POLITICAL CONSTITUTION
p.002015: If for any reason the President of the Republic cannot take possession before the Congress, he will do so before the
p.002015: Supreme Court of Justice or, in its absence, before two witnesses.
p.002015: Article 193. It is for the Senate to grant license to the President of the Republic to separate
p.002015: temporarily from office
p.002015: Due to illness, the President of the Republic may cease to hold office, for the necessary time,
p.002015: by notice to the Senate or, in recess of the latter, to the Supreme Court of Justice.
p.002015: Article 194. Absolute offenses of the President of the Republic are his death, his resignation accepted, the
p.002015: dismissal decreed by sentence, permanent physical incapacity and abandonment of office, declared these
p.002015: last two by the Senate.
p.002015: Temporary absences are the license and the illness, in accordance with the preceding article and the suspension in the
p.002015: exercise of the charge decreed by the Senate, prior public admission of the accusation in the case provided for in the
p.002015: first numeral of article 175.
p.002015: Article 195. The person in charge of the Executive shall have the same preeminence and the same powers as the President,
p.002015: whose times it does.
p.002015: Article 196. The President of the Republic, or whoever acts as such, may not move to a foreign territory.
p.002015: during the exercise of his office, without prior notice to the Senate or, in recess thereof, to the Supreme Court of Justice.
p.002015: Violation of this provision implies abandonment of the position.
p.002015: The President of the Republic, or who has held the Presidency as head of office, may not leave the country
p.002015: within the year following the date on which he ceased to exercise his functions, without prior permission of the Senate.
p.002015: When the President of the Republic moves to foreign territory in the exercise of his office, the Minister
p.002015: whoever corresponds, according to the order of legal precedence, will exercise under his own responsibility the functions
p.002015: constitutional that the Pre-
p.002015: I delegate to him both those that are his own and those that he exercises in his capacity as Head of Government. The
p.002015: Delegate Minister will belong to the same party or political movement of the President.
p.002015: Article 197. Legislative Act 02 of 2015, article 9. Article 197 of the Political Constitution will read as follows:
p.002015: Article 197. The citizen who for any title may have been elected President of the Republic may not be elected
p.002015: held the Presidency. This prohibition does not cover the Vice President when he has exercised it for less than three months,
p.002015: continuously or discontinuously, during the four year period. The prohibition of re-election may only be
p.002015: reinforced or repealed by referendum of popular initiative or constituent assembly.
p.002015: The President of the Republic or Vice President who has incurred in any of the causes of
p.002015: inability enshrined in numerals 1, 4 and 7 of article 179, nor the citizen that one year before the election
p.002015: has had the investiture of Vice President or held any of the following positions:
p.002015: Minister, Director of the Administrative Department, Magistrate of the Supreme Court of Justice, of the Court
p.002015: Constitutional, of the Council of State, National Commission of Judicial Discipline, Member of the Commission of Aforados or
p.002015: of the National Electoral Council, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic, Attorney General of the Nation, National Registrar of the Civil State, Commanders of the Forces
p.002015: Military, General Auditor of the Republic, General Director of the Police, Department Governor or Mayor.
p.002015: Article 198. The President of the Republic, or whoever acts as such, will be responsible for his acts or omissions that
p.002015: violate the Constitution or laws.
p.002015: Article 199. The President of the Republic, during the period for which he is elected, or who is in charge of
p.002015: the Presidency may not be prosecuted or prosecuted for crimes, except by accusation of the Chamber of
p.002015: Representatives and when the Senate has declared that there is room for case formation.
p.002015: Of the Executive Branch, of the President of the Republic (Articles
p.002015: 193-199)
p.002015: COLOMBIA POLITICAL CONSTITUTION 57
p.002015: CHAPTER 2 OF THE GOVERNMENT
p.002015: Article 200. It corresponds to the Government, in relation to the Congress:
p.002015: 1. Attend the formation of laws, presenting projects through the ministers, exercising the
p.002015: right to object to them and fulfilling the duty to punish them in accordance with the Constitution.
p.002015: 2. Convene extraordinary sessions.
p.002015: 3. Present the national development and public investment plan, in accordance with the provisions of article 150.
p.002015: 4. Send the draft income and expense budget to the House of Representatives.
p.002015: 5. Submit to the Chambers the reports they request on businesses that do not require a reservation.
p.002015: 6. Provide effective support to the Chambers when they request it, making available to the public force,
p.002015: If necessary.
p.002015: Article 201. It corresponds to the Government, in relation to the Judicial Branch:
p.002015: 1. Provide judicial officials, in accordance with the laws, with the necessary assistance to enforce their
p.002015: providences
p.002015: 2. Grant pardons for political crimes, in accordance with the law, and inform Congress of the exercise of
p.002015: This faculty In no case may these pardons understand the responsibility of the
p.002015: favored with respect to individuals.
p.002015: CHAPTER 3
p.002015: OF THE VICE PRESIDENT
p.002015: Article 202. The Vice President of the Republic shall be elected by popular vote on the same day and on the same day.
p.002015: formula with the President of the Republic.
p.002015: The candidates for the second vote, if any, must be in each formula who integrated it
p.002015: in the first.
p.002015: The Vice President will have the same term as the President and replace him in his temporary or absolute absences,
p.002015: even if they are presented before possession.
p.002015: In the temporary absences of the President of the Republic it will be sufficient for the Vice President to take possession of the
p.002015: charge at the first opportunity, so you can exercise it as many times as necessary. In case of absolute lack of
p.002015: President of the Re-
p.002015: public, the Vice President will take office until
p.002015: end of period
p.002015: The President of the Republic may entrust the Vice President with missions or special orders and designate him
p.002015: in any position of the Executive Branch. The Vice President may not assume the functions of Delegate Minister.
p.002015: Article 203. In the absence of the Vice President when he was exercising the Presidency, it shall be assumed by a
p.002015: Minister in the order established by law.
p.002015: The person who in accordance with this article replaces the President, will belong to the same party or movement and
p.002015: He will hold the Presidency until the Congress, in its own right, within thirty days following the
p.002015: date on which
p.002015: From the Government, from the Vice President
p.002015: (Articles 200-203)
p.002015: 58 COLOMBIA POLITICAL CONSTITUTION
p.002015: produce the presidential vacancy, elect the Vice President, who will take possession of the Presidency of the Republic.
p.002015: Article 204. Legislative Act 02 of 2004, article 3. Article 204 of the Political Constitution will read as follows:
p.002015: To be elected Vice President the same qualities are required as to be President of the Republic.
p.002015: Legislative Act 02 of 2015, article 10. Delete subsections 2 and 3 of article 204 of the Constitution
p.002015: Politics.
p.002015: Article 205. In case of absolute absence of the Vice-President, the Congress shall meet in its own right, or by
p.002015: call of the President of the Republic, in order to choose who should replace him for the rest of the period. They are
p.002015: Absolute absences of the Vice President: his death, his resignation accepted and the permanent physical disability recognized
p.002015: for Congress
p.002015: CHAPTER 4
p.002015: OF THE MINISTERS AND DIRECTORS OF THE ADMINISTRATIVE DEPARTMENTS
p.002015: Article 206. The number, denomination and order of precedence of the ministries and departments
p.002015: Administrative will be determined by law.
p.002015: Article 207. To be minister or director of administrative department the same qualities are required
p.002015: than to be a representative to the Chamber.
p.002015: Article 208. The ministers and directors of administrative departments are the heads of administration
p.002015: in their respective dependence. Under the direction of the President of the Republic, they are responsible for formulating
p.002015: the policies pertaining to his office, direct the administrative activity and execute the law.
p.002015: The ministers, in relation to the Congress, are spokesmen of the Government, present to the Chambers
p.002015: bills, address the subpoenas they make and take part in the discussions directly or by
p.002015: conduit of the vice ministers.
p.002015: Ministers and directors of administrative departments will present to Congress, within the first fifteen
p.002015: days of each legislature, report on the state of business attached to your ministry or department
p.002015: administrative, and on the reforms that they consider convenient.
p.002015: The cameras may require the assistance of ministers. The permanent commissions, in addition, that of the
p.002015: Vice Ministers, the directors of administrative departments, the Bank of the Republic Manager,
p.002015: presidents, directors or managers of the decentralized entities of the national order and that of other officials
p.002015: of the Executive Branch of public power.
p.002015: CHAPTER 5
p.002015: OF THE ADMINISTRATIVE FUNCTION
p.002015: Article 209. The administrative function is at the service of the general interests and is carried out with foundation
p.002015: in the principles of equality, morality, effectiveness, economy, speed, impartiality
p.002015: Quality and publicity, through decentralization, delegation and deconcentration of functions.
p.002015: The administrative authorities must coordinate their actions for the adequate compliance of
p.002015: Of the Ministers, Administrative Departments, the Public Function (Articles 204-209)
p.002015: POLITICAL CONSTITUTION COLOMBIA 59
p.002015: The purposes of the state. The public administration, in all its orders, will have an internal control that will be exercised in the
p.002015: terms indicated by law.
p.002015: Article 210. National entities decentralized by services can only be created by law or by
p.002015: authorization of this, based on the principles that guide administrative activity.
p.002015: Individuals may fulfill administrative functions under the conditions established by law.
p.002015: The law will establish the legal regime of decentralized entities and the responsibility of their presidents,
p.002015: Directors or managers.
p.002015: Article 211. The law shall indicate the functions that the President of the Republic may delegate
p.002015: in the ministers, directors of administrative departments, legal representatives of entities
p.002015: decentralized, superintendents, governors, mayors and state agencies that the same law
p.002015: determine. Likewise, it will set the conditions for the administrative authorities to delegate in their
p.002015: subordinates or other authorities.
p.002015: The delegation exempts the delegate from responsibility, which shall correspond exclusively to the
p.002015: Delegate, whose acts or resolutions may always reform or revoke that, resuming responsibility
p.002015: consequent.
p.002015: The law will establish the remedies that can be brought against the acts of the delegates.
p.002015: CHAPTER 6
p.002015: OF THE STATES OF EXCEPTION
p.002015: Article 212. The President of the Republic, with the signature of all ministers, may declare the State of War
p.002015: Exterior. By such declaration, the Government will have the powers strictly necessary to repel the
p.002015: aggression, defend sovereignty, meet the requirements of war, and seek the restoration of
p.002015: normal.
...

p.002015: While the State of War subsists, Congress will meet with the fullness of its constitutional powers and
p.002015: legal, and the Government will inform you motivated and periodically on the decrees that you have issued and the
p.002015: evolution of events.
p.002015: Legislative decrees issued by the Government suspend laws incompatible with the State of War, govern
p.002015: for as long as they themselves indicate and will cease to be effective as soon as the
p.002015: normal. Congress may, at any time, reform or repeal them.
p.002015: those with the favorable vote of two thirds of the members of both houses.
p.002015: Article 213. In the event of a serious disturbance of public order that immediately threatens stability
p.002015: institutional, state security, or citizen coexistence, and that cannot be conjured by the use of
p.002015: the ordinary powers of the Police authorities, the President of the Republic, with the signature of all
p.002015: Ministers may declare the State of Internal Commotion, throughout the Republic or part of it, for a term not greater than
p.002015: of ninety days, extendable for up to two equal periods, the second of which requires prior concept and
p.002015: favorable of the Senate of the Republic.
p.002015: By such declaration, the Government will have the powers strictly necessary to conjure the causes of the
p.002015: disturbance and prevent the spread of its effects.
p.002015: Legislative decrees issued by the Government may suspend laws incompatible with the State of
p.002015: Commotion and will cease to govern as soon as public order is declared restored.
p.002015: Of the States of Exception
p.002015: (Articles 210-213)
p.002015: 60 COLOMBIA POLITICAL CONSTITUTION
p.002015: The Government may extend its validity for up to ninety more days.
p.002015: Within three days following the declaration or extension of the State of Concussion, the Congress shall meet by
p.002015: own right, with the fullness of its constitutional and legal powers. The President will pass
p.002015: immediately a reasoned report on the reasons that determined the statement.
p.002015: In no case may civilians be investigated or prosecuted by military criminal justice.
p.002015: Article 214. The States of Exception referred to in the preceding articles shall be subject to the following
p.002015: provisions:
p.002015: 1. Legislative decrees shall be signed by the President of the Republic and all his ministers and may only
p.002015: refer to subjects that have a direct and specific relationship with the situation determined by the
p.002015: Declaration of the State of Exception.
p.002015: 2. Human rights and fundamental freedoms may not be suspended. In any case the rules will be respected
p.002015: of International Humanitarian Law. A statutory law will regulate the powers of the Government during the states
p.002015: of exception and shall establish judicial controls and guarantees to protect rights, in accordance with
p.002015: international treaties The measures adopted must be proportionate to the seriousness of the facts.
p.002015: 3. The normal functioning of the branches of public power or the organs of the State shall not be interrupted.
p.002015: 4. As soon as the external war or the causes that gave rise to the State of Internal Commotion have ceased,
...

p.002015: Article 215. When events other than those provided for in articles 212 and 213 that disturb or
p.002015: threaten to seriously and imminently disturb the economic, social and ecological order of the country, or that constitute serious
p.002015: Public calamity, may the President, with the signature of all ministers, declare the State of Emergency by
p.002015: periods up to thirty days in each case, which together may not exceed ninety days in the calendar year.
p.002015: By such declaration, which must be motivated, the President may, with the signature of all ministers,
p.002015: issue decrees with the force of law, intended exclusively to conjure the crisis and prevent the extension of their
p.002015: effects.
p.002015: These decrees must refer to matters that have a direct and specific relationship with the State of Emergency, and
p.002015: may, temporarily, establish new taxes or modify existing ones. In the latter cases, the
p.002015: measures will cease to be effective at the end of the following fiscal period, unless the Congress, during the year
p.002015: Next, give them permanent character.
p.002015: The Government, in the decree declaring the State of Emergency, will indicate the term within which it will make use of
p.002015: the extraordinary powers referred to in this article, and shall convene the Congress, if this is not found
p.002015: meeting, for the ten days following the expiration of said term.
p.002015: The Congress will examine for up to thirty days, extendable by agreement of the two Chambers, the
p.002015: motivated report to present the
p.002015: Of the States of Exception
p.002015: (Articles 214-215)
p.002015: COLOMBIA POLITICAL CONSTITUTION 61
p.002015: Government on the causes that determined the State of Emergency and the measures taken, and will rule
p.002015: expressly about the convenience and timing of them.
p.002015: The Congress, during the year following the declaration of the emergency, may repeal, modify or add the
p.002015: decrees referred to in this article, in those matters that ordinarily are the initiative of the Government. In
p.002015: In relation to those that are at the initiative of its members, the Congress may exercise said powers in all
p.002015: weather.
p.002015: The Congress, if not convened, shall meet in its own right, under the conditions and for the purposes provided in
p.002015: this article.
p.002015: The President of the Republic and the ministers will be responsible when they declare the State of
p.002015: Emergency without having presented any of the circumstances provided for in paragraph 1, and will also be
p.002015: any abuse committed in the exercise of the powers granted by the Constitution to the Government during the
p.002015: emergency.
p.002015: The Government may not impair the social rights of workers through the decrees contemplated in this
p.002015: Article.
p.002015: Paragraph. The Government will send the decrees to the Constitutional Court the day after its issuance
p.002015: Legislative dictates in use of the powers referred to in this article, so that it may decide on
p.002015: Its constitutionality. If the Government does not fulfill its duty to send them, the Constitutional Court will apprehend
p.002015: ex officio and immediately your knowledge.
p.002015: CHAPTER 7
p.002015: OF THE PUBLIC FORCE
...

p.002015: Navy and the Air Force.
p.002015: The military forces will have as their primary purpose the defense of sovereignty, independence, integrity
p.002015: of national territory and constitutional order.
p.002015: The law will determine the system of replacements in military forces, as well as promotions, rights and obligations
p.002015: of its members and the special career, provision and disciplinary regime, which is their own.
p.002015: Article 218. The law will organize the police force.
p.002015: The National Police is a permanent armed body of a civil nature, in charge of the nation, whose primary purpose is
p.002015: the maintenance of the necessary conditions for the exercise of public rights and freedoms, and for
p.002015: ensure that Colombians live in peace.
p.002015: The law will determine your career, performance and disciplinary regime.
p.002015: Article 219. The Public Force is not deliberate; may not meet except by order of legitimate authority, or
p.002015: direct requests, except on matters related to the service and the morality of the respective body and
p.002015: according to the law.
p.002015: Members of the Public Force may not exercise the function of suffrage while they remain in service
p.002015: active, or intervene in activities or debates of political parties or movements.
p.002015: Article 220. The members of the Public Force cannot be deprived of their degrees, honor
p.002015: Of the Public Force
p.002015: (Articles 216-220)
p.002015: 62 COLOMBIA POLITICAL CONSTITUTION
p.002015: res and pensions, but in cases and in the manner determined by law.
p.002015: Article 221. Legislative Act 01 of 2015, article 1. Article 221 of the Political Constitution will read as follows:
p.002015: Of the punishable conduct committed by members of the Public Force in active service, and in relation to
p.002015: the same service, will know martial courts or military courts, in accordance with the requirements of the Code
p.002015: Military Criminal Such Courts or Courts will be composed of members of the Public Force on active duty or in
p.002015: retirement.
p.002015: In the investigation and prosecution of the punishable conduct of the members of the Public Force, in relation to
p.002015: an armed conflict or confrontation that meets the objective conditions of International Law
p.002015: Humanitarian, the rules and principles of this will apply. The judges and prosecutors of the ordinary justice and of the
p.002015: Military or Police Criminal Justice who are aware of the conduct of members of the Public Force must have
p.002015: adequate training and knowledge of International Humanitarian Law.
p.002015: The Military or Police Criminal Justice shall be independent of the command of the Public Force.
p.002015: Article 222. The law shall determine the professional, cultural and social promotion systems of the members of the
p.002015: Public force. In the stages of their formation, they will be taught the fundamentals of democracy and
p.002015: human rights.
p.002015: Article 223. Only the Government can introduce and manufacture weapons, ammunition and explosives. No one
p.002015: may own or carry them without permission of the competent authority. This permit may not be extended to cases of
p.002015: concurrence to political meetings, to elections, or to sessions of public corporations or assemblies, whether for
p.002015: act on them or to witness them.
p.002015: Members of national security agencies and other official armed bodies, of a permanent nature
p.002015: created or authorized by law, may carry weapons under the control of the Government, in accordance with the principles and
p.002015: procedures that it indicates.
p.002015: CHAPTER 8
p.002015: OF INTERNATIONAL RELATIONS
p.002015: Article 224. The treaties, for their validity, must be approved by the Congress. However, the President of
p.002015: the Republic may give provisional application to the treaties of an economic and commercial nature agreed in the
p.002015: scope of international organizations, so dispose. In this case as soon as a treaty enters into force
p.002015: provisionally, it must be sent to the Congress for approval. If Congress does not approve it, the
p.002015: Treaty application
p.002015: Article 225. The External Relations Advisory Commission, whose composition will be determined by law, is the body
p.002015: Consultative of the President of the Republic.
p.002015: Article 226. The State shall promote the internationalization of political, economic, social and social relations.
p.002015: ecological based on equity, reciprocity and national convenience.
p.002015: Article 227. The State shall promote economic, social and political integration with other nations and
p.002015: especially with the countries of Latin America and the Caribbean through the conclusion of treaties based on
p.002015: of equity, equality and reciprocity, create supranational organizations, including to form a community
p.002015: Latin American of nations. The law may establish direct elections for the constitution of the Parliament
p.002015: Andean and Latin American Parliament.
p.002015: Of the International Relations
p.002015: (Articles 221-227)
p.002015: COLOMBIA POLITICAL CONSTITUTION 63
p.002015: TITLE VIII
p.002015: OF THE JUDICIAL BRANCH
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 228. The Administration of Justice is a public function. Their decisions are independent. The
p.002015: actions will be public and permanent with the exceptions established by law and in them the
p.002015: substantial right. The procedural terms will be observed diligently and their breach will be sanctioned. his
p.002015: operation will be decentralized and autonomous.
p.002015: Article 229. The right of every person to access the administration of justice is guaranteed. The law will indicate
p.002015: in which cases you can do it without the representation of a lawyer.
p.002015: Article 230. The judges, in their providences, are only subject to the rule of law.
p.002015: Equity, jurisprudence, general principles of law and doctrine are auxiliary criteria of the
p.002015: judicial activity
p.002015: Article 231. Legislative Act 02 of 2015. Article 11. Article 231 of the Political Constitution will read as follows:
p.002015: Magistrates of the Supreme Court of Justice and the Council of State will be elected by the respective
p.002015: Corporation, prior public hearing, of list of ten eligible sent by the Judicial Government Council
p.002015: after a public call regulated in accordance with the law and advanced by the Management of the Judicial Branch.
p.002015: In the set of selection processes for the Magistrates of the Supreme Court of Justice and the Council of State,
p.002015: it will meet the criteria of balance between those who come from the professional practice, the Judicial Branch and the
p.002015: academy.
p.002015: The Supreme Court of Justice and the Council of State will regulate the voting formula and the
p.002015: term in which they will have to choose the Magistrates that conform the respective corporation.
p.002015: Article 232. To be a Magistrate of the Constitutional Court, the Supreme Court of Justice and the Council of State
p.002015: is required:
p.002015: 1. Be a Colombian by birth and a practicing citizen.
p.002015: 2. Be a lawyer.
p.002015: 3. Not having been convicted of a sentence of imprisonment, except for crimes
p.002015: politicians or guilty.
p.002015: 4. Legislative Act 02 of 2015, article 12. Amend numeral 4 of article 232 of the Political Constitution,
p.002015: which will remain as follows: Having held, for fifteen years, positions in the Judicial Branch or in the Public Prosecutor's Office, or
p.002015: having exercised, with good credit, for the same time, the legal profession or the university chair in
p.002015: legal disciplines in officially recognized establishments. For the position of Magistrate of the
p.002015: Supreme Court of Justice and the Council of State, the university chair must have been held in
p.002015: legal disciplines related to the area of ​​the magistracy to exercise.
p.002015: Paragraph. To be a magistrate of these corporations, it will not be a requirement to belong to the judicial career.
p.002015: Article 233. The Magistrates of the Constitutional Court, of the Supreme Court of Justice, and of the Council
p.002015: of State will be elected for a period of eight years, may not be re-elected and will remain in the exercise of
p.002015: their charges while observing good behavior, having satisfactory performance and not having reached the age of
p.002015: forced withdrawal.
p.002015: Of the General Provisions
p.002015: (Articles 228-233)
p.002015: 64 COLOMBIA POLITICAL CONSTITUTION
p.002015: EPISODE 2
p.002015: OF THE REGULAR JURISDICTION
p.002015: Article 234. The Supreme Court of Justice is the highest court of ordinary jurisdiction and shall consist of
p.002015: odd number of magistrates determined by law. This will divide the Court into rooms, indicate to each of them the
p.002015: matters that must be known separately and will determine those in which the Court must intervene in full.
p.002015: Article 235. The powers of the Supreme Court of Justice are:
p.002015: 1. Act as a court of appeal.
p.002015: 2. Judge the President of the Republic or whoever does his time and the senior officials referred to in the article
p.002015: 174, for any punishable act attributed to them, in accordance with article 175 numbers 2 and 3.
p.002015: 3. Investigate and judge the members of Congress.
p.002015: 4. Legislative Act 02 of 2015, article 13. Section 4 of article 235 of the Political Constitution will read as follows:
p.002015: 4. Judge, upon accusation by the Attorney General of the Nation, the Deputy Attorney General of the Nation or their delegates of
p.002015: the Prosecutor's Unit before
p.002015: the Supreme Court of Justice, the Vice President of the Republic, the Ministers of the Office, the
p.002015: Attorney General, the Ombudsman, the Public Prosecutors before the Court, before the Council
p.002015: of State and before the Courts; to the Directors of the Administrative Departments, to the Comptroller General
p.002015: of the Republic, to the Ambassadors and head of diplomatic or consular mission, to the Governors, to the
p.002015: Magistrates of Courts and Generals and Admirals of the Public Force, for the punishable acts
p.002015: impute
p.002015: 5. Know all the contentious businesses of diplomatic agents accredited to the Government of the nation,
p.002015: in the cases provided by International Law.
p.002015: 6. Give your own regulation.
p.002015: 7. The other powers indicated by law.
p.002015: Paragraph. When the officials listed above have ceased to exercise their duties, the jurisdiction is only
p.002015: keep for punishable behaviors that are related to the functions performed.
p.002015: CHAPTER 3
p.002015: OF THE ADMINISTRATIVE CONTENT JURISDICTION
p.002015: Article 236. The Council of State shall have the odd number of Magistrates determined by law.
p.002015: The Council will be divided into rooms and sections to separate the jurisdictional functions from the others assigned by the
p.002015: Constitution and the law.
p.002015: The law will indicate the functions of each of the rooms and sections, the number of magistrates that must integrate them and their
p.002015: Internal organization.
p.002015: Article 237. The powers of the State Council are:
p.002015: 1. Perform the functions of supreme court of administrative litigation, in accordance with the rules set forth in the
p.002015: law.
p.002015: 2. Know the annulment actions by constitutionality of the decrees issued by the Government
p.002015: national, whose competence does not correspond to the Constitutional Court.
p.002015: 3. Act as the supreme advisory body of the Government in matters of administration, and must necessarily be
p.002015: heard in all those cases that the Constitution and laws determine.
p.002015: Of the Ordinary Jurisdiction, of the Contentious Administrative Jurisdiction (Articles 234-237)
p.002015: POLITICAL CONSTITUTION COLOMBIA 65
p.002015: In the cases of transit of foreign troops through the national territory, station or transit of
p.002015: foreign warships or aircraft, in waters or in territory or in the nation's airspace, the government must
p.002015: hear the State Council beforehand.
p.002015: 4. Prepare and submit draft amendments to the Constitution and bills.
p.002015: 5. Be aware of the cases of loss of the congressmen's clothing, in accordance with this Constitution and
p.002015: the law.
p.002015: 6. Give their own regulations and exercise the other functions determined by law.
p.002015: 7. Legislative Act 01 of 2009, article 8. Article corrected by article 1 of Decree 3259 of 2009. The new
p.002015: text is as follows:
p.002015: Article 8 Article 237 of the Political Constitution will have a new numeral, as follows:
p.002015: Be aware of the electoral nullity action subject to the competition rules established by law.
p.002015: Paragraph. To exercise the Electoral Litigation before the Administrative Jurisdiction against the act
p.002015: of election of popular character when the demand is based on grounds of nullity due to irregularities in the
p.002015: voting process and in the scrutiny, it is a requirement to submit them before the declaration of
p.002015: election, upon examination of the corresponding administrative authority, headed by the National Council
p.002015: Electoral.
p.002015: Article 238. The jurisdiction of the administrative litigation may be provisionally suspended by the
p.002015: reasons and with the requirements established by law, the effects of administrative acts that are
p.002015: susceptible to challenge by judicial means.
p.002015: CHAPTER 4
p.002015: OF THE CONSTITUTIONAL JURISDICTION
p.002015: Article 239. The Constitutional Court shall have the odd number of members determined by law. In its integration it
p.002015: will meet the criteria of designating magistrates belonging to various specialties of law.
p.002015: The Magistrates of the Constitutional Court shall be elected by the Senate of the Republic for individual periods
p.002015: of eight years, of three paths presented to him by the President of the Republic, the Supreme Court of Justice and the
p.002015: State Council
p.002015: The Constitutional Court Magistrates may not be re-elected.
p.002015: Article 240. Magistrates of the Constitutional Court may not be elected during the year prior to the
p.002015: election have served as Ministers of the Office or Magistrates of the Supreme Court of Justice or of the
p.002015: State Council.
p.002015: Article 241. The Constitutional Court is entrusted with the protection of the integrity and supremacy of the Constitution, in
p.002015: Strict and precise terms of this article. To this end, it will fulfill the following functions:
p.002015: 1. Decide on the demands of unconstitutionality promoted by citizens against reform acts
p.002015: of the Constitution, whatever its origin, only due to procedural defects in its formation.
p.002015: 2. Decide, prior to the popular pronouncement, on the constitutionality of the call for a
p.002015: referendum or a Constituent Assembly to reform the Constitution, only due to procedural defects in its
p.002015: training.
p.002015: 3. Decide on the constitutionality of the rerequisites on laws and the popular consultations and referendums of the
p.002015: national order The latter only
p.002015: Constitutional Jurisdiction
p.002015: (Articles 238-241)
p.002015: 66 COLOMBIA POLITICAL CONSTITUTION
p.002015: due to procedural defects in its call and implementation.
p.002015: 4. Decide on the demands of unconstitutionality that citizens present against laws, both for their
p.002015: material content as per procedural defects in its formation.
p.002015: 5. Decide on the demands of unconstitutionality that citizens present against the decrees with
p.002015: force of law dictated by the Government based on articles 150 number 10 and 341 of the Constitution, by its
p.002015: material content or due to procedural defects in its formation.
p.002015: 6. Decide on the excuses referred to in article 137 of the Constitution.
p.002015: 7. Decide definitively on the constitutionality of the legislative decrees issued by the Government with
p.002015: basis in articles 212, 213 and 215 of the Constitution.
p.002015: 8. Decide definitively on the constitutionality of the bills that have been obliged by the
p.002015: Government as unconstitutional, and the draft statutory laws, both for their material content and for
p.002015: procedural defects in its formation.
p.002015: 9. Review, in the manner determined by law, judicial decisions related to the guardianship of the
p.002015: constitutional rights
p.002015: 10. Decide definitively on the enforceability of international treaties and the laws that
p.002015: They approve them. To this end, the Government will send them to the Court, within six days following the sanction.
p.002015: of the law. Any citizen may intervene to defend or challenge their constitutionality. If the Court
p.002015: declares constitutional, the Government may exchange notes; otherwise they will not be ratified.
p.002015: When one or several rules of a multi-lateral treaty are declared unenforceable by the Constitutional Court, the
p.002015: President of the Republic may only express consent by making the corresponding reservation.
p.002015: 11. Legislative Act 02 of 2015, article 14. Add a numeral 12 and modify the 11 of article 241 of the
p.002015: Political Constitution, which will look like this:
p.002015: 11. To resolve the conflicts of competence that
p.002015: occur between different jurisdictions.
p.002015: 12. Give your own regulation.
p.002015: Paragraph. When the Court finds procedural defects rectifiable in the formation of the act subject to its control,
p.002015: will order to return it to the authority that uttered it so that, if possible, it amends the observed defect. Corrected
p.002015: the vice shall proceed to decide on the exequibility of the act.
p.002015: Article 242. The proceedings brought before the Constitutional Court in the matters referred to in this title,
p.002015: they will be regulated by law according to the following provisions:
p.002015: 1. Any citizen may exercise the public actions provided for in the preceding article, and intervene as
p.002015: challenger or defender of the norms under control in the processes promoted by others, as well as in those
p.002015: for which there is no public action.
p.002015: 2. The Attorney General must intervene in all processes.
p.002015: 3. The actions for defects expire within one year, counted from the publication of the respective act.
p.002015: 4. Ordinarily, the Court shall have the term of sixty days to decide, and the Attorney General of the Nation, of
p.002015: Thirty to render concept.
p.002015: 5. In the processes referred to in numeral 7 of the previous article, the ordinary terms shall be reduced to
p.002015: a third party and its breach is a cause of misconduct, which will be sanctioned according to the law.
p.002015: Article 243. The decisions issued by the Court in the exercise of jurisdictional control make transit to res judicata.
p.002015: constitutional.
p.002015: Constitutional Jurisdiction
p.002015: (Articles 242-243)
p.002015: POLITICAL CONSTITUTION COLOMBIA 67
p.002015: No authority may reproduce the material content of the legal act declared unenforceable for substantive reasons,
p.002015: while the provisions that served to make the confrontation between the norm remain in the Charter
p.002015: ordinary and the Constitution.
p.002015: Article 244. The Constitutional Court shall notify the President of the Republic or the President.
p.002015: of the Congress, as the case may be, the initiation of any process aimed at examining
p.002015: constitutionality of norms dictated by them. This communication will not delay the terms of the process.
p.002015: Article 245. The Government may not confer employment on the Judges of the Constitutional Court during the period of
p.002015: exercise of their functions or within the year following their retirement.
p.002015: CHAPTER 5
p.002015: OF THE SPECIAL JURISDICTIONS
p.002015: Article 246. The authorities of indigenous peoples may exercise jurisdictional functions within their scope
p.002015: territorial, in accordance with its own rules and procedures, provided they are not contrary to the Constitution and
p.002015: laws of the Republic. The law will establish the ways of coordinating this special jurisdiction with the system
p.002015: national judicial
p.002015: Article 247. The law may create justices of the peace responsible for resolving in equity individual conflicts and
p.002015: community You can also order are elected by popular vote.
p.002015: Article 248. Only the sentences granted in judicial sentences are definitively of the
p.002015: criminal and contradictory records in all legal orders.
p.002015: CHAPTER 6
p.002015: OF THE NATIONAL GENERAL TAX
p.002015: Article 249. The Office of the Attorney General of the Nation shall consist of the Attorney General, the delegated prosecutors.
p.002015: and other officials determined by law.
p.002015: The Attorney General of the Nation will be elected for a period of four years by the Supreme Court of Justice, from terna
p.002015: sent by the President of the Republic and cannot be reelected. You must meet the same qualities required to be
p.002015: Magistrate of the Supreme Court of Justice.
p.002015: The Attorney General's Office is part of the judicial branch and will have administrative and budgetary autonomy.
p.002015: Article 250. Legislative Act 03 of 2002, article 2. Article 250 of the Political Constitution will read as follows:
p.002015: The Office of the Attorney General of the Nation is obliged to advance the exercise of the criminal action and carry out the
p.002015: investigation of the facts that have the characteristics of a crime that come to your attention
p.002015: through denunciation, special petition, complaint or ex officio, as long as they have sufficient grounds and
p.002015: factual circumstances that indicate the possible existence of it. It may not, therefore, suspend,
p.002015: interrupt or renounce criminal prosecution, except in cases established by law for enforcement
p.002015: of the principle of opportunity regulated within the framework of the State's criminal policy, which will be subject to
p.002015: legality control by the judge who exercises the functions of guarantee control. Crimes are excepted
p.002015: committed by members of the Public Force in active service and in relation to the same service.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Articles 244-250)
p.002015: 68 COLOMBIA POLITICAL CONSTITUTION
p.002015: In exercising its functions, the Office of the Attorney General of the Nation must:
p.002015: 1. Request the judge to exercise the functions of guarantee control the necessary measures to ensure the
p.002015: Appearance of those charged to criminal proceedings, the preservation of evidence and the protection of the community, in
p.002015: Special of the victims.
p.002015: The judge who exercises the functions of control of guarantees, may not be, in any case, the judge of knowledge, in
p.002015: those matters in which he has exercised this function.
p.002015: The law may empower the Attorney General's Office to exceptionally capture; equally,
p.002015: the law will set the limits and events in which the capture proceeds. In these cases the judge that fulfills the function of
p.002015: control of guarantees shall be carried out no later than thirty-six (36) hours later.
p.002015: 2. Advance records, searches, seizures and communications interceptions. In these events
p.002015: the judge exercising the functions of guarantee control shall carry out the respective subsequent control, at the latest
p.002015: within thirty-six
p.002015: (36) following hours.
p.002015: 3. Ensure the material evidence, guaranteeing the chain of custody while exercising its
p.002015: contradiction. In case additional measures are required that involve the involvement of fundamental rights,
p.002015: the respective authorization must be obtained by the judge who exercises the functions of guarantee control
p.002015: to be able to proceed to it.
p.002015: 4. Present an indictment before the knowledge judge, in order to initiate a public trial,
p.002015: oral, with immediate evidence, contradictory, concentrated and with all guarantees.
...

p.002015: 6. Request before the judge of knowledge the judicial measures necessary for the assistance to
p.002015: victims, as well as providing for the restoration of the right and full reparation to those affected by the crime.
p.002015: 7. Ensure the protection of victims, jurors, witnesses and other parties involved in the
p.002015: criminal proceedings, the law will determine the terms in which victims may intervene in the criminal proceedings and mechanisms
p.002015: of restorative justice.
p.002015: 8. Direct and coordinate the functions of the Judicial Police that are permanently carried out by the National Police and the
p.002015: other bodies indicated by law.
p.002015: 9. Fulfill the other functions established by law.
p.002015: The Attorney General and his delegates are competent throughout the national territory.
p.002015: In the event of presenting a written complaint, the Attorney General or his delegates must provide, by
p.002015: through the knowledge judge, all the evidence and information that you have news, including
p.002015: that are favorable to the processing.
p.002015: Paragraph 1. The Attorney General’s Office will continue to comply with the new inquiry system,
p.002015: criminal investigation and prosecution, the functions contemplated in article 277 of the National Constitution.
p.002015: Paragraph 2. Legislative Act 06 of 2011, article 2. Article 250 of the Political Constitution will have a
p.002015: Paragraph 2 of the following wording: Decree 379 of 2012. Article 1. Correct article 2 of the Legislative Act
p.002015: number 6 of 2011, which will be as follows: “Article 2. Article 250 of the Political Constitution will have a second paragraph
p.002015: of the following tenor:
p.002015: Taking into account the nature of the legal good or the least harmfulness of the punishable conduct, the legislator may
p.002015: assign the exercise of the criminal action to the victim or other authorities other than the General Prosecutor of the
p.002015: Nation. In any case, the General Prosecutor of the Nation may act preferentially.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Article
p.002015: 250)
p.002015: POLITICAL CONSTITUTION COLOMBIA 69
p.002015: Article 251. Legislative Act 03 of 2002, article 3. Article 251 of the Political Constitution will read as follows:
p.002015: Special functions of the Attorney General of the Nation are:
p.002015: 1. Legislative Act 06 of 2011, article 3. Section 1 of article 251 of the Political Constitution will read as follows:
p.002015: Investigate and accuse, if applicable, directly or through the Deputy Attorney General of the Nation or its
p.002015: delegates of the prosecution unit before the Supreme Court of Justice, to the high servants who enjoy jurisdiction
p.002015: constitutional, with the exceptions provided in the Constitution.
p.002015: 2. Appoint and remove, in accordance with the law, the servers under their dependence.
p.002015: 3. Assume directly the investigations and processes, whatever the state in which they are,
p.002015: same as assigning and freely displacing its servers in investigations and processes. Likewise in
p.002015: Under the principles of management unit and hierarchy, determine the criteria and position that the Prosecutor's Office should
p.002015: assume, without prejudice to the autonomy of the delegated prosecutors in the terms and conditions established by law.
p.002015: 4. Participate in the design of the State's policy on criminal matters and present bills in this regard.
p.002015: 5. Grant transitory powers to public entities that may perform Judicial Police functions,
p.002015: under the responsibility and functional dependence of the Attorney General's Office.
p.002015: 6. Provide the Government with information on the investigations that are being carried out, when necessary for the
p.002015: preservation of public order.
p.002015: Article 252. Even during the States of Exception covered by the Constitution in its articles 212 and 213, the
p.002015: Government may not suppress or modify the agencies or the basic functions of prosecution and prosecution.
p.002015: Article 253. The law shall determine the structure and operation of the General Prosecutor's Office of the Nation, at
p.002015: entry by career and withdrawal from service, to disabilities and incompatibilities, denomination, qualities,
p.002015: remuneration, social benefits and disciplinary regime of the officials and employees of their dependency.
p.002015: CHAPTER 7
p.002015: GOVERNMENT AND ADMINISTRATION OF THE JUDICIAL BRANCH
p.002015: (Legislative Act 02 of 2015) Replace the heading of Chapter 7 of Title VIII with that of “Government and
p.002015: Administration of the Judicial Branch ”.
p.002015: Article 254. Legislative Act 02 of 2015, article 15. Article 254 of the Political Constitution shall read as follows:
p.002015: The Government and the administration of the Judicial Branch will be in charge of the Judicial Government Council and the Management of
p.002015: the Judicial Branch. These bodies shall exercise the functions attributed to them by law in order to promote access to the
p.002015: justice, the efficiency of the Judicial Branch, effective judicial protection and judicial independence.
p.002015: The Judicial Government Council is the body responsible for defining the policies of the Judicial Branch in accordance with the
p.002015: law and postulate the lists and lists of candidates that the Constitution orders. It also corresponds to the Council of
p.002015: Judicial Government regulate the judicial and administrative procedures that are carried out in judicial offices,
p.002015: in aspects not provided by the legislator; Issue the regulations of the judicial career system and the Commission
p.002015: Judicial Career, whose function will be the monitoring and control of the career; approve the budget project of
p.002015: the Judicial Branch that must be sent to the Government; approve the judicial map;
p.002015: On the Government and Administration of the Judicial Branch (Articles
p.002015: 251-254)
p.002015: 70 COLOMBIA POLITICAL CONSTITUTION
p.002015: define the organizational structure of the Management of the Judicial Branch; supervise this entity, and account for its
p.002015: performance before the Congress of the Republic.
p.002015: The Judicial Government Council will consist of nine members: the Presidents of the Constitutional Court,
p.002015: of the Supreme Court of Justice and the Council of State; the manager of the Judicial Branch, who must
p.002015: be a professional with twenty years of experience, of which ten must be in business administration
p.002015: or in public entities, and will be appointed by the Judicial Government Council for a period of four years; a
p.002015: representative of the magistrates of the Courts and of the judges, elected by them for a period of four years;
p.002015: a representative of the employees of the Judicial Branch chosen by them for a period of four years; three members
p.002015: permanent permanent members, appointed by the other members of the Judicial Government Council, for a period
p.002015: of four years. None of the members of the Judicial Government Council may be re-elected.
p.002015: The permanent members of exclusive dedication mentioned in the preceding paragraph shall be in charge of the
p.002015: strategic planning of the Judicial Branch and of proposing to the Judicial Government Council, for its approval,
p.002015: Public policies of the Judicial Branch. They must have ten years of experience in design, evaluation or monitoring
p.002015: of public policies, management models or public administration. In your choice you must ensure diversity
p.002015: of academic and professional profiles.
p.002015: The statutory law may determine the specific issues for which the office ministers, the
p.002015: directors of the administrative department, the Attorney General of the Nation, as well as representatives of academics and
p.002015: the litigating lawyers will participate in the meetings of the Judicial Government Council.
p.002015: Article 255. Legislative Act 02 of 2015, article 16. Article 255 of the Political Constitution shall read as follows:
p.002015: Management of the Judicial Branch is a
p.002015: body subordinate to the Judicial Government Council and will be organized in accordance with the principle of
p.002015: territorial deconcentration
p.002015: The Judicial Branch Management is responsible for executing the decisions of the Judicial Government Council, providing
p.002015: administrative and logistical support to this body, administer the Judicial Branch, prepare for Council approval
p.002015: of the Judicial Government the draft budget that must be sent to the Government, and executed in accordance with the
p.002015: approval by the Congress, elaborate plans and programs for approval of the Governing Council
p.002015: Judicial, formulate management models and implement procedural models in the national territory, administer the
p.002015: Judicial Career, organize the Judicial Career Commission, conduct competitions and monitor the performance of
p.002015: officials and offices.
p.002015: The Judicial Branch Manager will legally represent the Judicial Branch. It will exercise the other functions that
p.002015: Attribute the law.
p.002015: Article 256. Legislative Act 02 of 2015, article 17. Repeal article 256 of the Political Constitution.
p.002015: Article 257. Legislative Act 02 of 2015, article 19. Article 257 of the Political Constitution shall read as follows:
p.002015: National Judicial Discipline Commission will exercise the disciplinary jurisdictional function over officials
p.002015: and employees of the Judicial Branch.
p.002015: It will consist of seven magistrates, four of whom will be elected by the Congress in Plenary
p.002015: lists sent by the Judicial Governance Council after a regulated public announcement, advanced by the
p.002015: Management of the Judicial Branch, and three of which will be elected by the Congress in plenary session of three sent by the
p.002015: President of the Republic, prior regulated public announcement. They will have personal periods of eight years, and must
p.002015: meet the same requirements required to be a magistrate of the Supreme Court of Justice.
p.002015: The Magistrates of the National Judicial Discrimination Commission may not be re-elected.
p.002015: On the Government and Administration of the Judicial Branch (Articles
p.002015: 255-257)
p.002015: POLITICAL CONSTITUTION COLOMBIA 71
p.002015: There may be integrated Judicial Disciplinary Section Commissions as indicated by law.
p.002015: The National Judicial Discipline Commission will be responsible for examining the conduct and punishing the faults of the
p.002015: lawyers in the exercise of their profession, in the instance indicated by law, unless this function is attributed by the
p.002015: Law to a Bar Association.
p.002015: Paragraph. The National Judicial Discipline Commission and the Judicial Discipline Sectional Commissions will not be
p.002015: competent to hear about guardianship actions.
p.002015: Transitional Paragraph 1. The Magistrates of the National Judicial Discipline Commission must be elected
p.002015: within the year following the
p.002015: validity of this legislative act. Once in session, the National Judicial Discipline Commission will assume
p.002015: the disciplinary processes of the Disciplinary Jurisdictional Chamber of the Superior Council of the Judiciary. The current ones
p.002015: Judges of the Disciplinary Jurisdictional Chamber of the Superior Council of the Judiciary, will exercise their functions
p.002015: until the day the members of the National Judicial Discipline Commission are in possession. The Rooms
p.002015: Disciplines of the Sectional Councils of the Judiciary will be transformed into Sectional Commissions of
p.002015: Judicial Discipline The career rights of the Magistrates and employees of the disciplinary rooms will be guaranteed
p.002015: of the Sectional Councils of the Judiciary who will continue to know about the processes in their charge, with no solution of
p.002015: continuity.
p.002015: Of the Government and Administration of the Judicial Branch
p.002015: (Article 257)
p.002015: 72 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE IX
p.002015: OF THE ELECTIONS AND THE ELECTORAL ORGANIZATION
p.002015: CHAPTER 1
p.002015: OF SUFFRAGE AND ELECTIONS
p.002015: Article 258. Legislative Act 01 of 2003, article 11. Article 258 of the Political Constitution shall read as follows:
p.002015: Voting is a right and a citizen duty. The State will ensure that it is exercised without coercion and in any way
p.002015: secret by citizens in individual cubicles installed at each polling station without prejudice to the use of
p.002015: electronic or computer media. In the elections of candidates may be used numbered electoral cards and
p.002015: printed on paper that offers security, which will be officially distributed. The Electoral Organization
p.002015: it will provide equally to the speakers instruments in which they must be clearly identified
p.002015: and under the same conditions, movements and political parties with legal persuasion and candidates. The law may
p.002015: implement voting mechanisms that grant more and better guarantees for the free exercise of this right of
p.002015: citizens
p.002015: Paragraph 1. Legislative Act 01 of 2009, article 9. Paragraph 1 of article 258 of the Constitution
p.002015: Policy will look like this:
p.002015: The vote must be repeated only once to elect members of a Public Corporation, Governor,
p.002015: Mayor or the first round in the presidential elections, when of the total valid votes, the votes in
p.002015: White make up the majority. In the case of sole proprietorships, the same candidates may not appear,
p.002015: while in the Public Corporations lists may not be presented to the new elections
p.002015: that have not reached the threshold.
p.002015: Paragraph 2. Electronic voting may be implemented to achieve agility and transparency in all
p.002015: Voting
p.002015: Article 259. Those who elect governors and mayors impose by mandate to the elect the program presented to the
p.002015: Sign up as a candidate. The law will regulate the exercise of the programmatic vote.
p.002015: Article 260. Citizens directly elect President and Vice President of the Republic, Senators,
p.002015: Representatives, Governors, Deputies, Mayors, Municipal and District Councilors, members of the
p.002015: local administrative boards, and in due course, the members of the Constituent Assembly and the others
p.002015: authorities or officials that the Constitution indicates.
p.002015: Article 261. Legislative Act 02 of 2015, article 26. Concordances, validities and derogations. Get down
p.002015: Article 261 of the Political Constitution and renumber article 262 which will become 261.
p.002015: The election of the President and Vice President may not coincide with another election. The Congress will be done on date
p.002015: separate from the choice of departmental and municipal authorities.
p.002015: Article 262. Legislative Act 02 of 2015, article 20. Article 263 of the Political Constitution will become the
p.002015: 262 and it will look like this:
p.002015: Article 262. Parties, political movements and significant groups of citizens who decide to participate in
p.002015: processes of popular election will register candidates and unique lists, whose number of members may not
p.002015: exceed that of seats or charges to be provided in the respective constituency, except in those chosen up to
p.002015: two members, which may be composed of up to three (3) candidates.
p.002015: Of Suffrage and Elections
p.002015: (Articles 258-262)
p.002015: COLOMBIA POLITICAL CONSTITUTION 73
p.002015: The selection of candidates for political parties and movements with legal status will be made through
p.002015: Internal democracy mechanisms, in accordance with the law and statutes. In the conformation of the lists
p.002015: the principles of parity, alternation and universality will be observed progressively, among others, as
p.002015: Determine the law.
p.002015: Each political party or movement may opt for the preferred voting mechanism. In such case, the voter may
p.002015: Indicate the candidate of your preference among the names on the list that appear on the electoral card. The list
p.002015: it will be reordered according to the number of votes obtained by each of the candidates. The assignment of seats
p.002015: among the members of the respective list will be done in descending order starting with the candidate who has obtained the
p.002015: greater number of preferred votes.
p.002015: In the case of political parties and movements that have opted for the preferred voting mechanism, the votes
p.002015: by the party or movement that has not been attributed by the voter to any particular candidate,
p.002015: they will count in favor of the respective list for the purposes of applying the threshold and
p.002015: distribution figure, but will not be computed for reordering the list. When the voter votes simultaneously for
p.002015: the political party or movement and by the candidate of their choice within the respective list, the vote will be
p.002015: valid and will be counted in favor of the candidate.
p.002015: The law will regulate the preponderantly state financing of campaigns, internal democracy mechanisms
p.002015: of the parties, the registration of candidates and their own or coalition lists to uninominal positions or corporations
p.002015: public, resource management and protection of the rights of applicants. The parties and
p.002015: movements
p.002015: politicians with legal status that together have obtained a vote of up to fifteen percent (15%) of the
p.002015: valid votes of the respective constituency may present a list of candidates in coalition for corporations
p.002015: public.
p.002015: Article 263. Legislative Act 02 of 2015, article 21. Article 263A of the Political Constitution will become
p.002015: be the 263 and it will look like this:
p.002015: To guarantee the equitable representation of political parties and movements and significant groups of
p.002015: citizens, the Public Corporation seats will be distributed through the distribution system
p.002015: among the lists of candidates that exceed a minimum of votes that may not be less than three percent (3%) of
p.002015: the votes valid for the Senate of the Republic or fifty percent (50%) of the electoral quotient in the
p.002015: case of the other Corporations, as established by the Constitution and the law.
p.002015: The distribution figure results from successively dividing by one, two, three or more, the number of votes for each
p.002015: list sorting the results in decreasing form until a total number of results is obtained equal to
p.002015: number of seats to provide. The lower result will be called the distribution figure. Each list will get as many seats as
p.002015: Sometimes the distribution figure is contained in the total of your votes.
p.002015: In the constituencies in which two members are elected, the electoral quotient system shall be applied between the
p.002015: lists that exceed in votes 30% of said quotient. In the constituencies in which a member is elected, the
p.002015: Curul will be awarded to the majority list.
p.002015: When none of the lists exceeds the threshold, the seats will be distributed among all registered, according to the
p.002015: appropriate allocation rule.
p.002015: EPISODE 2
p.002015: OF THE ELECTORAL AUTHORITIES
p.002015: Article 264. Legislative Act 01 of 2003, article 14. Article 264 of the Political Constitution shall read as follows:
p.002015: The National Electoral Council will consist of nine (9) members elected by the Congress of the Republic in full,
p.002015: for an institutional period
p.002015: Of the Electoral Authorities
p.002015: (Articles 263-264)
p.002015: 74 COLOMBIA POLITICAL CONSTITUTION
p.002015: of four (4) years, through the Distribution System, prior to the postulation of the parties or
p.002015: political movements with legal status or by coalitions between them. Its members will be servers
p.002015: dedicated publics will have the same qualities, disabilities, incompatibilities and rights of
p.002015: the magistrates of the Supreme Court of Justice.
p.002015: * Legislative Act 02 of 2015, article 26. Concurrences, validities and derogations. Remove the expression “and
p.002015: they may be re-elected only once ”in article 264 of the Political Constitution. (It corresponded to the part
p.002015: end of the previous paragraph)
p.002015: Paragraph. The contentious administrative jurisdiction shall decide the action for electoral nullity within the maximum term of
p.002015: one (1) year
p.002015: In cases of single instance, according to the law, the term to decide may not exceed six (6) months.
p.002015: Article 265. Legislative Act 01 of 2009, article 12. Article 265 of the Political Constitution shall read as follows:
p.002015: The National Electoral Council will regulate, inspect, monitor and control all the electoral activity of the
p.002015: political parties and movements, of significant groups of citizens, of their legal representatives,
p.002015: executives and candidates, guaranteeing compliance with the principles and duties that correspond to them, and will enjoy
p.002015: of budgetary and administrative autonomy. It will have the following special powers:
p.002015: 1. Exercise the supreme inspection, surveillance and control of the electoral organization.
p.002015: 2. Give office of the National Registrar of Civil Status.
p.002015: 3. Know and decide definitively the resources that are interposed against the decisions of their delegates
p.002015: on general scrutiny and in such cases make the declaration of election and issue credentials
p.002015: corresponding.
p.002015: 4. In addition, ex officio, or upon request, review the scrutiny and the electoral documents concerning anyone
p.002015: of the stages of the administrative process of choice in order to guarantee the truth of the results.
p.002015: 5. Serve as a consultative body of the Government in matters within its competence, submit legislative draft
p.002015: and of law, and recommend draft decrees.
p.002015: 6. Ensure compliance with the rules on political parties and movements and the provisions
p.002015: on publicity and political opinion polls; for the rights of the opposition and minorities, and for the
p.002015: development of the electoral processes under conditions of full guarantees.
p.002015: 7. Distribute the contributions for the financing of electoral campaigns and to ensure the right to
p.002015: political participation of citizens, establish the law.
p.002015: 8. Carry out the general scrutiny of any national vote, make the declaration of election and issue the
p.002015: credentials to which there is place.
p.002015: 9. Recognize and revoke the legal status of political parties and movements.
p.002015: 10. Regulate the participation of political parties and movements in the social media of the
p.002015: State.
p.002015: 11. Collaborate for the consultation of parties and movements for decision making and
p.002015: choice of their candidates.
p.002015: 12. Decide the revocation of the registration of candidates for Public Corporations or election positions
p.002015: popular, when there is full proof that those are involved in grounds of disability provided for in
p.002015: The Constitution and the law. In no case may he declare the election of said candidates.
p.002015: 13. Give yourself your own regulation.
p.002015: 14. The others conferred by law.
p.002015: Of the Electoral Authorities
p.002015: (Article 265)
p.002015: POLITICAL CONSTITUTION COLOMBIA 75
p.002015: Article 266. Legislative Act 01 of 2003, article 15. Article 266 of the Political Constitution shall read as follows:
p.002015: The National Registrar of Civil Status will be chosen by the Presidents of the Constitutional Court, the Court
p.002015: Supreme Court and the State Council, through a contest of merits organized according to the law. Your period will be
p.002015: four (4) years, must meet the same qualities required by the Political Constitution to be a Magistrate of the
p.002015: Supreme Court of Justice and not having held functions in managerial positions in political parties or movements
p.002015: within the year immediately prior to your election.
p.002015: And shall exercise the functions established by law, including the direction and organization of the elections, the registration
p.002015: civil and identification of persons, as well as the conclusion of contracts on behalf of the nation, in cases where
p.002015: that disposes.
p.002015: Legislative Act 02 of 2015, article 26. Concordances, validities and derogations. Eliminate the expression “You can
p.002015: be reelected only once and ”in article 266 of the Political Constitution. (It was at the beginning of the subsection).
p.002015: The National Registry will be made up of public servants belonging to a career
p.002015: special administrative to which will be entered exclusively by merit contest and which will provide for withdrawal
p.002015: flexible in accordance with the needs of the service. In any case, administrative responsibility charges
p.002015: or electoral will be of free removal, in accordance with the law.
p.002015: Transitional Paragraph The period of the current members of the National Electoral Council and National Registrar
p.002015: of the Civil Status will go until 2006. The next election of one and the other will be made in accordance with the provisions
p.002015: the present Legislative Act.
p.002015: Of the Electoral Authorities
p.002015: (Article 266)
p.002015: 76 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE X
p.002015: OF THE CONTROL BODIES
p.002015: CHAPTER 1
p.002015: OF THE COMPTROLLER GENERAL OF THE REPUBLIC
p.002015: Article 267. Fiscal control is a public function exercised by the Comptroller General of the Republic, the
p.002015: which monitors the fiscal management of the administration and of the individuals or entities that manage funds or assets of
p.002015: the nation.
p.002015: Said control shall be exercised in a subsequent and selective manner in accordance with the procedures, systems and principles
p.002015: That the law establishes. This may, however, authorize that, in special cases, surveillance be carried out by
p.002015: Colombian private companies chosen by public contest of merits, and hired prior to the Council of
p.002015: State.
p.002015: The supervision of the State's fiscal management includes the exercise of financial, management and financial control.
p.002015: results, based on efficiency, economy, equity and the valuation of environmental costs. In the
p.002015: exceptional cases, provided by law, the Comptroller may exercise subsequent control over accounts of any
p.002015: territorial entity
p.002015: The Comptroller is a technical entity with administrative and budgetary autonomy. Will not have
p.002015: administrative functions other than those inherent in your own organization.
p.002015: Legislative Act 2 of 2015, article 22. Amend paragraphs 5 and 6 of article 267 of the
p.002015: Political Constitution, which will look like this:
p.002015: Section 5
p.002015: The Comptroller will be elected by the Congress in plenary, by absolute majority, in the first month of its sessions for a
p.002015: period equal to that of the President of the Republic, of the list of eligible persons made up of a public call based on
p.002015: the provisions of article 126 of the Constitution and may not be
p.002015: re-elected or continue to exercise their duties upon expiration thereof.
p.002015: Section 6
p.002015: Only the Congress can admit the resignation presented by the Comptroller and provide the absolute and temporary absences of the
p.002015: position.
p.002015: To be elected Comptroller General of the Republic, it is required to be a Colombian by birth and in the exercise of
p.002015: citizenship; be over 35 years old; have a university degree; or have been a university professor during a
p.002015: time not less than 5 years; and accredit the additional qualities required by law.
p.002015: The Comptroller General may not be elected who is or has been a member of Congress or held public office
p.002015: some of the national order, except for teaching, in the year immediately before the election. Neither
p.002015: Anyone who has been sentenced to imprisonment for common crimes may be elected.
p.002015: Under no circumstances may persons who are present be involved in the nomination or election of the Comptroller
p.002015: within the fourth degree of consanguinity, second of affinity and first civil or legal regarding the candidates.
p.002015: Article 268. The Comptroller General of the Republic shall have the following powers:
p.002015: 1. Prescribe the methods and manner of accountability of those responsible for the management of funds or assets of the
p.002015: nation and indicate the criteria for financial, operational and results evaluation that must be followed.
p.002015: 2. Review and keep the accounts that must be kept by those responsible for the treasury and determine the degree
p.002015: Of the Comptroller General of the Republic
p.002015: (Articles 267-268)
p.002015: POLITICAL CONSTITUTION COLOMBIA 77
p.002015: of efficiency, effectiveness and economy with which they have
p.002015: worked.
p.002015: 3. Keep a record of the public debt of the nation and territorial entities.
p.002015: 4. Demand reports on their fiscal management from official employees of any order and from any person
p.002015: or public or private entity that manages funds or assets of the nation.
p.002015: 5. Establish the responsibility derived from fiscal management, impose financial penalties that are
p.002015: case, collect its amount and exercise coercive jurisdiction over the scope deducted from it.
p.002015: 6. Conceptualize about the quality and efficiency of internal fiscal control of state entities and agencies.
p.002015: 7. Present to the Congress of the Republic an annual report on the state of natural resources and the environment.
p.002015: 8. Promote before the competent authorities, providing the respective evidence, criminal investigations or
p.002015: disciplinary actions against those who have caused damage to the patrimonial interests of the State. The Comptroller, under
p.002015: your responsibility, may require, known truth and good faith kept, the immediate suspension of officials
p.002015: while the investigations or the respective criminal or disciplinary processes are completed.
p.002015: 9. Submit bills relating to the fiscal control regime and the organization and operation
p.002015: of the Comptroller General.
p.002015: 10. Provide through public tender the jobs of your agency that the law has created. This will determine a
p.002015: special administrative career regime for the selection, promotion and retirement of officials of the
p.002015: Comptroller Those who are part of the corporations involved in the nomination and election of the
p.002015: Comptroller, give personal and political recommendations for jobs in his office.
p.002015: 11. Submit reports to Congress and the President of the Republic on the performance of their duties and
p.002015: certification on the state of the state's finances, in accordance with the law.
p.002015: 12. To dictate general norms to harmonize the fiscal control systems of all public entities of the
p.002015: national and territorial order.
p.002015: 13. The others indicated by law.
p.002015: Submit the General Budget and Treasury Account to the House of Representatives and certify the
p.002015: Treasury balance submitted to Congress by the General Accountant.
p.002015: Article 269. In public entities, the corresponding authorities are obliged to design and apply, according to
p.002015: the nature of its internal control functions, methods and procedures, in accordance with the provisions of the
p.002015: law, which may establish exceptions and authorize the contracting of said services with private companies
p.002015: Colombian
p.002015: Article 270. The law will organize the forms and systems of citizen participation that allow monitoring management
p.002015: public that is fulfilled in the various administrative levels and their results.
p.002015: Article 271. The results of the preliminary inquiries advanced by the Comptroller will have probative value.
p.002015: before the Attorney General's Office and the competent judge.
p.002015: Article 272. Supervision of the fiscal management of departments, districts and municipalities where there are comptrollerships,
p.002015: corresponds to these and will be exercised later and selectively.
p.002015: That of the municipalities is the responsibility of the departmental comptrollers, except as determined by law regarding
p.002015: municipal comptrollers.
p.002015: It is up to the assemblies and the district and municipal councils to organize the respective comptrollerships
p.002015: as technical entities endowed with administrative and budgetary autonomy.
p.002015: Of the Comptroller General of the Republic
p.002015: (Articles 269-272)
p.002015: 78 COLOMBIA POLITICAL CONSTITUTION
p.002015: Legislative Act 2 of 2015, article 23. Amend paragraphs 4 and 8 of article 272 of the
p.002015: Political constitution.
p.002015: Section 4:
p.002015: The departmental, district and municipal Comptrollers will be elected by the Departmental Assemblies,
p.002015: Municipal and District Councils, by public call according to law, following the principles
p.002015: of transparency, publicity, objectivity, citizen participation and gender equity, for a period equal to that of the
p.002015: Governor or Mayor, as appropriate.
p.002015: No controller can be re-elected for the next immediate period.
p.002015: The departmental, district and municipal comptrollers shall exercise, within the scope of their jurisdiction, the
p.002015: functions attributed to the Comptroller General of the Republic in article 268 and may, as authorized by law,
p.002015: contract with the Colombian private companies the exercise of fiscal surveillance.
p.002015: To be elected as department, district or municipal controller, you must be Colombian for
p.002015: birth, citizen in exercise, be over twenty-five years old, accredit university degree and others
p.002015: qualities established by law.
p.002015: Legislative Act 2 of 2015, article 23. Amend paragraphs 4 and 8 of article 272 of the
p.002015: Political constitution.
p.002015: Section 8:
p.002015: No one may be elected who is or has been in the last year a member of the Assembly or Council that must do the
p.002015: election, or who has held public office at the executive level of the departmental, district or municipal order.
p.002015: Whoever has held the position of departmental, district or municipal comptroller in property, may not
p.002015: perform any official employment in the respective department, district or municipality, or be registered as a candidate
p.002015: to positions of popular election but one year after having ceased his duties.
p.002015: Article 273. At the request of any of the proponents, the Comptroller General of the Republic and other authorities of
p.002015: competent tax control shall order that the act of adjudication of a tender take place at a public hearing.
p.002015: The cases in which the public hearing mechanism is applied, the manner in which the evaluation of the
p.002015: Proposals and the conditions under which that will be made will be indicated by law.
p.002015: Article 274. The fiscal management of the Comptroller General of the Republic shall be supervised by an auditor.
p.002015: elected for periods of two years by the State Council, from a list sent by the Supreme Court of Justice.
p.002015: The law will determine how to exercise such surveillance at the departmental, district and municipal levels.
p.002015: EPISODE 2
p.002015: OF THE PUBLIC MINISTRY
p.002015: Article 275. The Attorney General is the supreme director of the Public Ministry.
p.002015: Article 276. The Attorney General of the Nation shall be elected by the Senate, for a period of four years, of
p.002015: Terna composed of candidates from the President of the Republic, the Supreme Court of Justice and the Council of State.
p.002015: Article 277. The Attorney General of the Nation, by himself or through his delegates and agents, shall have
p.002015: The following functions:
p.002015: 1. Monitor compliance with the Constitution, laws, judicial decisions and administrative acts.
p.002015: From the Public Ministry
p.002015: (Articles 273-277)
p.002015: POLITICAL CONSTITUTION COLOMBIA 79
p.002015: 2. Protect human rights and ensure their effectiveness, with the help of the Ombudsman.
p.002015: 3. Defend the interests of society.
p.002015: 4. Defend collective interests, especially the environment.
p.002015: 5. Ensure the diligent and efficient exercise of
p.002015: Administrative functions.
p.002015: 6. Exercise superior vigilance of the official conduct of those who perform public functions, including those of
p.002015: popular choice; preferably exercise disciplinary power; advance the corresponding investigations, and
p.002015: impose the respective sanctions according to the law.
p.002015: 7. Intervene in the proceedings and before judicial or administrative authorities, when necessary in defense
p.002015: of the legal order, of the public patrimony, or of the fundamental rights and guarantees.
p.002015: 8. Render annually its management report to Congress.
p.002015: 9. Require public officials and individuals it deems necessary information.
p.002015: 10. The others determined by law.
p.002015: For the performance of its functions, the Office of the Prosecutor will have powers of judicial police, and may
p.002015: file the actions you deem necessary.
p.002015: Article 278. The Attorney General will directly exercise the following functions:
p.002015: 1. Disconnect from the post, prior hearing and through a reasoned decision, the public official who incurs any
p.002015: of the following offenses: manifestly violate the Constitution or the law; derive evident and undue
p.002015: capital gain in the exercise of his position or duties; seriously hamper the
p.002015: investigations carried out by the Attorney General's Office or an administrative or jurisdictional authority; act with manifest
p.002015: negligence in the investigation and punishment of disciplinary offenses
p.002015: of the employees of his dependency, or in the denunciation of the punishable facts that he has knowledge because of the
p.002015: exercise of his position.
p.002015: 2. Issue concepts in disciplinary proceedings brought against officials subject to special jurisdiction.
p.002015: 3. Submit bills on matters related to their competence.
p.002015: 4. To urge Congress to issue laws that ensure the promotion, exercise and protection of
p.002015: human rights, and demand compliance with the competent authorities.
p.002015: 5. Render concept in constitutionality control processes.
p.002015: 6. Appoint and remove, in accordance with the law, the officers and employees of your agency.
p.002015: Article 279. The law shall determine the structure and operation of the Office of the Attorney General of
p.002015: The Nation will regulate the entry and merit contest and the withdrawal of the service, at
p.002015: disabilities, incompatibilities, appointment, qualities, remuneration and the disciplinary regime of all
p.002015: officials and employees of said agency.
p.002015: Article 280. The agents of the Public Ministry will have the same qualities, category, remuneration,
p.002015: rights and benefits of the magistrates and judges of greater hierarchy before those who exercise the position.
p.002015: Article 281. Legislative Act 02 of 2015, article 24. Article 281 of the Political Constitution shall read as follows:
p.002015: Article 281. The Ombudsman shall exercise his functions autonomously. He will be chosen by the Chamber of
p.002015: Representatives for an institutional period of four years prepared by the President of the Republic.
p.002015: Article 282. The Ombudsman shall ensure the promotion, exercise and dissemination of
p.002015: From the Public Ministry
p.002015: (Articles 278-282)
p.002015: 80 POLITICAL CONSTITUTION COLOMBIA
p.002015: human rights, for which it will exercise the following functions:
p.002015: 1. Guide and instruct the inhabitants of the national territory and Colombians abroad in the exercise and
p.002015: defense of their rights before the competent authorities or private entities.
p.002015: 2. Disseminate human rights and recommend policies for their teaching.
p.002015: 3. To invoke the right of habeas corpus and to file the actions of guardianship, without prejudice to the right that assists
p.002015: the interested.
p.002015: 4. Organize and direct the public defender's office in the terms established by law.
p.002015: 5. Filing popular actions in matters related to their competence.
p.002015: 6. Submit bills on matters related to their competence.
p.002015: 7. Report to Congress on the fulfillment of its functions.
p.002015: 8. The others determined by law.
p.002015: Article 283. Legislative Act 02 of 2015. Article 283 of the Political Constitution will read as follows:
p.002015: Article 283. The law shall determine the organization and operation of the Office of the Ombudsman as
p.002015: autonomous administrative and budgetary entity.
p.002015: Article 284. Except for the exceptions provided in the Constitution and the law, the Attorney General and the
p.002015: Ombudsman may require the necessary information from the authorities for the exercise of their
p.002015: functions, without being able to oppose any reservation.
p.002015: TITLE XI
p.002015: OF THE TERRITORIAL ORGANIZATION
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 285. Outside the general division of the territory, there will be those determined by law for compliance with
p.002015: the functions and services in charge of the State.
p.002015: Article 286. Departments, districts, municipalities and territories are territorial entities
p.002015: natives.
p.002015: The law may give the character of territorial entities to the regions and provinces that are constituted in the
p.002015: terms of the Constitution and the law.
p.002015: Article 287. The territorial entities enjoy autonomy for the management of their interests, and within the
p.002015: limits of the Constitution and the law. In this virtue they will have the following rights:
p.002015: 1. Governing by own authorities.
p.002015: 2. Exercise the corresponding competences.
p.002015: 3. Manage resources and establish the necessary taxes for the fulfillment of their functions.
p.002015: 4. Participate in national income.
p.002015: Article 288. The organic law of territorial ordinance shall establish the distribution of powers between the
p.002015: Nation and territorial entities.
p.002015: The powers attributed to the different territorial levels will be exercised in accordance with the principles of
p.002015: coordination, concurrence and subsidiarity in the terms established by law.
p.002015: Article 289. By mandate of the law, departments and municipalities located in areas
p.002015: Of the General Provisions
p.002015: (Articles 283-289)
p.002015: POLITICAL CONSTITUTION COLOMBIA 81
p.002015: borders may advance directly with the neighboring territorial entity of the neighboring country, of equal level,
p.002015: cooperation and integration programs, aimed at promoting community development, the provision of
p.002015: public services and the preservation of the environment.
p.002015: Article 290. With the fulfillment of the requirements and formalities that the law indicates, and in the cases that this
p.002015: determine, the periodic review of the boundaries of territorial entities will be conducted and the map will be published
p.002015: Republic official.
p.002015: Article 291. The members of the public corporations of the territorial entities may not accept office
p.002015: Some in the public administration, and if they do, they will lose their endowment.
p.002015: The comptrollers and representatives will only attend the boards of directors and boards of directors that operate in the
p.002015: respective territorial entities, when expressly invited for specific purposes.
p.002015: Article 292. The deputies and councilors and their relatives within the degree indicated by law may not form
p.002015: part of the boards of directors of the decentralized entities of the respective department, district or municipality.
p.002015: Spouses or partners may not be appointed officials of the corresponding territorial entity
p.002015: permanent of the deputies and councilors, nor their relatives in the second degree
p.002015: of consanguinity, first of affinity or only civil.
p.002015: Article 293. Without prejudice to the provisions of the Constitution, the law shall determine the qualities, disabilities,
p.002015: incompatibilities, date of possession, sessions, absolute or temporary absences, causes of
p.002015: dismissal and ways to fill vacancies of citizens who are elected by popular vote for performance
...

p.002015: ownership of territorial entities. Nor may you impose surcharges on your taxes except as provided in the
p.002015: Article 317
p.002015: Article 295. Territorial entities may issue titles and bonds of public debt, subject to
p.002015: financial market conditions and also to contract external credit, all in accordance with the law that regulates
p.002015: The matter.
p.002015: Article 296. For the preservation of public order or for its restoration where disturbed, the acts and
p.002015: orders of the President of the Republic will be applied immediately and preferably on those of the governors;
p.002015: the acts and orders of the governors will be applied in the same way and with the same effects in relation to those of
p.002015: the mayors.
p.002015: EPISODE 2
p.002015: OF THE DEPARTMENTAL REGIME
p.002015: Article 297. The National Congress may decree the formation of new departments, provided that
p.002015: meet the requirements of the Organic Law of Territorial Planning and once verified the
p.002015: procedures, studies and popular consultation provided by this Constitution.
p.002015: Article 298. The departments have autonomy for the administration of sectional matters.
p.002015: and planning and promotion of economic and social development within its territory in the terms
p.002015: established by the Constitution.
p.002015: The departments exercise administrative, coordinating, and complementary functions of the action
p.002015: municipal, intermediation between the nation and the municipalities and provision of the services that determine the
p.002015: Constitution and laws.
p.002015: From the Departmental Regime
p.002015: (Articles 290-298)
p.002015: 82 COLOMBIA POLITICAL CONSTITUTION
p.002015: The law will regulate what is related to the exercise of the powers granted by the Constitution.
p.002015: Article 299. Legislative Act 01 of 2007, article 3. Article 299 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: In each department there will be a political-administrative corporation of popular choice that will be called
p.002015: departmental assembly, which will be composed of no less than 11 members or more than 31. Said corporation
p.002015: enjoy administrative autonomy and its own budget, and may exercise political control over the administration
p.002015: departmental.
p.002015: The regime of disabilities and incompatibilities of the deputies will be set by law. It can't be less
p.002015: strict that the one indicated for the congressmen in what corresponds. The term of the deputies will be four years
p.002015: and will have the quality of public servants.
p.002015: In order to be elected as a deputy, it is required to be a practicing citizen, not to have been sentenced
p.002015: deprived of liberty, with the exception of political or guilty crimes and having resided in the respective
p.002015: constituency during the year immediately preceding the date of the election.
p.002015: The members of the Departmental Assembly will be entitled to remuneration during the sessions
p.002015: corresponding and will be protected by a benefit and social security system, in the terms established by the
p.002015: law.
p.002015: Article 300. Legislative Act 01 of 1996, article 2. Article 300 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: It corresponds to the Departmental Assemblies, through ordinances:
p.002015: 1. Regulate the exercise of the functions and the provision of the services in charge of the department.
p.002015: 2. Issue provisions related to planning, economic and social development, support
p.002015: financial and credit to municipalities, tourism, transport, the environment, public works, roads
p.002015: of communication and the development of its border areas.
p.002015: 3. Adopt according to the law the plans and programs of economic and social development and those of works
p.002015: public, with the determinations of investments and measures deemed necessary to boost their
p.002015: execution and ensure compliance.
p.002015: 4. Decree, in accordance with the law, the taxes and contributions necessary to comply with the
p.002015: departmental functions.
p.002015: 5. Issue the organic norms of the departmental budget and the annual budget of income and expenses.
p.002015: 6. Subject to the requirements established by the Law, create and delete municipalities, segregate and add
p.002015: municipal territories, and organize provinces.
p.002015: 7. Determine the structure of the Departmental Administration, the functions of its dependencies, the scales
p.002015: of remuneration corresponding to their different categories of employment; create public establishments and
p.002015: industrial or commercial companies of the department and authorize the formation of mixed economy societies.
p.002015: 8. Dictate police rules in everything that is not a matter of legal provision.
p.002015: 9. Authorize the Department Governor to enter into contracts, negotiate loans, dispose of assets and
p.002015: exercise, pro tempore, precise functions corresponding to the Departmental Assemblies.
p.002015: 10. Regulate, in concurrence with the municipality, sports, education and health in the terms determined by the
p.002015: law.
p.002015: 11. Request reports on the exercise of its functions from the Department Comptroller General, Secretary of
p.002015: Cabinet, Heads of Departments
p.002015: Of the Departmental Regime
p.002015: (Articles 299-300)
p.002015: POLITICAL CONSTITUTION COLOMBIA 83
p.002015: Administrators and Directors of Decentralized Institutes of the departmental order.
p.002015: 12. Fulfill the other functions assigned by the Constitution and the law.
p.002015: The plans and programs for the development of public works will be coordinated and integrated with the plans and programs
p.002015: municipal, regional and national.
p.002015: The ordinances referred to in numerals 3, 5 and 7 of this article, those that decree investments,
p.002015: participations or transfers of income and departmental goods and those that create services in charge of the department or
p.002015: transfer to it, they can only be dictated or reformed at the initiative of the Governor.
p.002015: Legislative Act 01 of 2007, article 4. Add to article 300 of the Political Constitution of Colombia with
p.002015: these numerals:
p.002015: 13. Appoint and request the Secretaries of the Office of the Governor to attend the sessions
p.002015: of the assembly. Citations must be made at least five days in advance and made in
p.002015: written questionnaire In case the Secretaries of the Office of the Governor do not attend, without an accepted excuse
p.002015: by the assembly, it may propose a motion of censure. The Secretaries must be heard in the session for which
p.002015: they were cited, notwithstanding that the debate continues in subsequent sessions by decision of the assembly. The
p.002015: The debate cannot be extended to matters outside the questionnaire and must lead the agenda for the session.
p.002015: 14. Propose motion of censure regarding the Secretaries of the Office of the Governor for matters
p.002015: related to functions specific to the position, or due to disregard of the requirements and citations of the
p.002015: Assembly. The motion of censure must be proposed by a third of the members that make up the
p.002015: Assembly. Voting will take place between the third and the tenth day following the end of the debate, with a hearing
p.002015: Public of the respective official. Your approval requires
p.002015: The affirmative vote of two thirds of the members of the corporation. Once approved, the
p.002015: Official will be separated from his position. If rejected, no other may be presented on the same subject to
p.002015: Unless they are moved by new facts. The resignation of the official in respect of which it has been promoted
p.002015: motion of censure does not prevent it from being approved in accordance with the provisions of this article.
p.002015: Article 301. The law shall indicate the cases in which the assemblies may delegate to the municipal councils the
p.002015: functions that she determines. At any time, the assemblies may resume the exercise of the functions
p.002015: delegates
p.002015: Article 302. The law may establish for one or several departments different capacities and competences of
p.002015: administrative and fiscal management other than those indicated for them in the Constitution, in response to
p.002015: the need to improve the administration or provision of public services in accordance with their
p.002015: population, economic and natural resources and social, cultural and ecological circumstances.
p.002015: In development of the foregoing, the law may delegate, to one or several departments, powers of the
p.002015: national public bodies or entities.
p.002015: Article 303. Legislative Act 02 of 2002, article 1. Article 303 of the Political Constitution will read as follows:
p.002015: “In each of the departments there will be a Governor who will be head of the sectional administration and
p.002015: legal representative of the department; the governor will be agent of the President of the Republic for the
p.002015: maintenance of public order and for the execution of general economic policy, as well as for those matters
p.002015: that through agreements the nation agrees with the department. The governors will be popularly elected to
p.002015: institutional periods of four (4) years and may not be re-elected for the following period ”.
p.002015: The law will set the qualities, requirements, disabilities and incompatibilities of the governors;
p.002015: regulate your choice; will determine your faults
p.002015: Of the Departmental Regime
p.002015: (Articles 301-303)
p.002015: 84 POLITICAL CONSTITUTION COLOMBIA
p.002015: absolute and temporary; and how to fill in the latter and will dictate the other provisions necessary for the
p.002015: Normal performance of their positions.
p.002015: Whenever there is an absolute fault more than eighteen (18) months after the end of the period,
p.002015: He will choose governor for the remaining time. In case I miss less than eighteen
p.002015: (18) months, the President of the Republic will designate a Governor for the remainder of the period, respecting the
p.002015: party, political group or coalition by which the elected governor was registered.
p.002015: Article 304. The President of the Republic, in cases specifically indicated by law, shall suspend or
p.002015: will dismiss the governors.
p.002015: Its regime of disabilities and incompatibilities shall not be less strict than that established for the President of
p.002015: the Republic.
p.002015: Article 305. The powers of the governor are:
p.002015: 1. Comply with and enforce the Constitution, laws, government decrees and ordinances of the
p.002015: Departmental Assemblies
p.002015: 2. Direct and coordinate the administrative action of the department and act on its behalf as manager and promoter of the
p.002015: integral development of its territory, in accordance with the Constitution and laws.
p.002015: 3. Direct and coordinate national services under the conditions of the delegation conferred by the President of the
p.002015: Republic.
p.002015: 4. Timely submit to the departmental assembly the ordinance projects on plans and programs of
p.002015: economic and social development, public works and annual budget of income and expenses.
p.002015: 5. Appoint and freely remove managers or directors of public establishments and companies
p.002015: industrial or commercial department. The representatives of the department on the boards of directors of
p.002015: such agencies and their directors or managers are agents of the governor.
p.002015: 6. Promote in accordance with general plans and programs, companies, industries and activities
p.002015: suitable for cultural, social and
p.002015: economic department that do not correspond to the nation and municipalities.
p.002015: 7. Create, suppress and merge the jobs of their dependencies, point out their special functions and set their
...

p.002015: create obligations that exceed the overall amount set for the respective service in the budget
p.002015: initially approved.
p.002015: 8. Suppress or merge departmental entities in accordance with ordinances.
p.002015: 9. Object for reasons of unconstitutionality, illegality or inconvenience, ordination projects, or
p.002015: sanction them and promulgate them.
p.002015: 10. Review the acts of municipal councils and mayors and, for reasons of unconstitutionality or
p.002015: illegality, refer them to the competent court to decide on their validity.
p.002015: 11. Ensure the exact collection of departmental income, decentralized entities and those that
p.002015: are subject to transfers by the nation.
p.002015: 12. Convene the departmental assembly to extraordinary sessions in which it will only deal with the issues and
p.002015: matters for which it was convened.
p.002015: 13. Choose from the lists sent by the respective national chief, the sectional managers or chiefs of the
p.002015: public establishments of the national order that operate in the department, in accordance with the law.
p.002015: 14. Exercise the administrative functions delegated by the President of the Republic.
p.002015: 15. The others indicated by the Constitution, laws and ordinances.
p.002015: Article 306. Two or more departments may be constituted in administrative and planning regions, with
p.002015: legal status, autonomy and equity. Its main purpose will be economic and social development
p.002015: of the respective territory.
p.002015: Article 307. The respective organic law, prior concept of the Planning Commission
p.002015: Of the Departmental Regime
p.002015: (Articles 304-307)
p.002015: COLOMBIA POLITICAL CONSTITUTION 85
p.002015: Territorial, it will establish the conditions to request the conversion of the region into a territorial entity. The
p.002015: decision taken by the Congress will be submitted in each case to a referendum of the citizens of the departments
p.002015: interested.
p.002015: The same law shall establish the powers, administrative bodies, and resources of the regions and their
p.002015: participation in the management of income from the National Royalties Fund. Likewise, it will define the
p.002015: principles for the adoption of the special status of each region.
p.002015: Article 308. The law may limit departmental appropriations destined to honorary deputies and to
p.002015: operating expenses of assemblies and departmental comptrollers.
p.002015: Article 309. The departments of Arauca, Casanare, Putumayo, the San Archipelago are erected in the department
p.002015: Andrés, Providencia and Santa Catalina, and the Amazonas, Guaviare, Guainía, Vaupés and Vichada police stations. The goods
p.002015: and rights that to any title belonged to the intentions and police stations will continue to be the property of
p.002015: the respective departments.
p.002015: Article 310. The Archipelago department of San Andrés, Providencia and Santa Catalina will be governed, in addition to
p.002015: the norms provided in the Constitution and the laws for the other departments, by the special norms
p.002015: that in administrative, immigration, fiscal, foreign trade, exchange, financial and promotion matters
p.002015: economic set the legislator.
p.002015: By law approved by the majority of the members of each chamber, the exercise of
p.002015: traffic and residence rights, establish population density controls, regulate the use of
p.002015: land and subject to special conditions the disposal of real estate in order to protect the
p.002015: cultural identity of native communities and preserve the environment and natural resources of the Archipelago.
p.002015: By creating the municipalities to which it takes place, the Departmental Assembly will guarantee the expression
p.002015: institutional of the rural communities of San Andrés. The municipality of Providencia will have income
p.002015: departmental a participation of not less than 20% of the total value of said income.
p.002015: CHAPTER 3
p.002015: OF THE MUNICIPAL REGIME
p.002015: Article 311. The municipality as the fundamental entity of the political-administrative division of the State shall
p.002015: it is appropriate to provide the public services determined by law, build the works that demand progress
p.002015: local, order the development of its territory, promote community participation, social and cultural improvement
p.002015: of its inhabitants and fulfill the other functions assigned by the Constitution and laws.
p.002015: Article 312. Legislative Act 01 of 2007, article 5. Article 312 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: In each municipality there will be a political-administrative corporation popularly chosen for a period-
p.002015: two of four (4) years to be called a municipal council, composed of not less than 7, nor more than 21 members as
p.002015: determine the law, according to the respective population. This corporation may exercise political control over the
p.002015: Municipal administration.
p.002015: The law will determine the qualities, disabilities, and incompatibilities of the councilors and the time of sessions
p.002015: ordinary councils. The councilors will not have the status of public employees.
p.002015: The law may determine the cases in which they are entitled to fees for their attendance at sessions.
p.002015: Acceptance of any public employment, is absolute lack.
p.002015: Of the Municipal Regime
p.002015: (Articles 308-312)
p.002015: 86 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 313. It corresponds to the councils:
p.002015: 1. Regulate the functions and efficient provision of services by the municipality.
p.002015: 2. Adopt the corresponding plans and programs for economic and social development and public works.
p.002015: 3. Authorize the mayor to enter into contracts and exercise pro tempore precise functions corresponding to the
p.002015: Council.
p.002015: 4. Vote in accordance with the Constitution and the law local taxes and expenses.
p.002015: 5. To dictate the organic norms of the budget and annually issue the budget of income and expenses.
p.002015: 6. Determine the structure of the municipal administration and the functions of its dependencies; the scales of
p.002015: remuneration corresponding to the different categories of jobs; create, at the initiative of the mayor,
p.002015: public establishments and industrial or commercial companies and authorize the incorporation of
p.002015: Mixed economy.
p.002015: 7. Regulate land uses and, within the limits established by law, monitor and control activities
p.002015: related to the construction and disposal of real estate destined for housing.
p.002015: 8. Choose Personero for the period established by law
p.002015: and the other officials that it determines.
p.002015: 9. Dictate the necessary norms for the control, preservation and defense of the ecological and cultural heritage of the
p.002015: municipality.
p.002015: 10. The others assigned by the Constitution and the law.
p.002015: Legislative Act 01 of 2007, article 6. Add to article 313 of the Political Constitution of Colombia with
p.002015: these numerals.
p.002015: 11. In the capitals of the departments and municipalities with a population greater than twenty-five thousand inhabitants, cite and
p.002015: require the secretaries of
p.002015: Mayor's office to attend the sessions. Citations must be made in advance not
p.002015: less than five (5) days and be formulated in a written questionnaire. In case the Secretaries do not attend, without
p.002015: excuse accepted by the District or Municipal Council, this may propose motion of censure. The Secretaries
p.002015: they must be heard in the session for which they were cited, notwithstanding that the debate continues in the sessions
p.002015: later by decision of the council. The debate may not extend to matters outside the questionnaire and should lead
p.002015: the agenda of the session.
p.002015: The councils of the other municipalities, may quote and require the Secretaries of the Office of the Mayor to
p.002015: They attend the sessions. Citations must be made at least five (5) days in advance and
p.002015: be formulated in written questionnaire. In case the Secretaries do not attend, without an excuse accepted by the
p.002015: District or Municipal Council, any of its members may propose a motion for observations that are not
p.002015: leads to the withdrawal of the corresponding official. Their approval will require the affirmative vote of both
p.002015: thirds of the members that make up the corporation.
p.002015: 12. Propose motion of censure regarding the Secretaries of the Office of the Mayor for matters related to
p.002015: functions of the position or due to disregard of the requirements and citations of the District Council or
p.002015: Municipal. The motion of censure must be proposed by half plus one of the members that make up the Council
p.002015: District or Municipal. Voting will take place between the third and tenth day following the end of the debate, with
p.002015: Public hearing of the respective official. Their approval will require the affirmative vote of both
p.002015: thirds of the members that make up the Corporation. Once approved, the official will be separated from
p.002015: office. If rejected, no other may be presented on the same subject unless motivated by new facts. The
p.002015: resignation of the official with respect to which a motion of censure has been promoted does not preclude its approval
p.002015: as provided in this article.
p.002015: Of the Municipal Regime
p.002015: (Article 313)
p.002015: COLOMBIA POLITICAL CONSTITUTION 87
p.002015: Article 314. Legislative Act 02 of 2002, article 3. Article 314 of the Political Constitution will read as follows:
p.002015: In each municipality there will be a mayor, head of the local administration and legal representative of the municipality, who will be
p.002015: popularly chosen for institutional periods of four (4) years, and may not be re-elected for the period
p.002015: next.
p.002015: Whenever there is an absolute absence more than eighteen (18) months after the end of the period, the mayor shall be elected
p.002015: for the remaining time. In the absence of less than eighteen (18) months, the governor will appoint a mayor to
p.002015: the remainder of the period, respecting the party, political group or coalition for which the mayor was registered
p.002015: chosen one.
p.002015: The president and the governors, in the cases specifically indicated by the law, will suspend or dismiss the
p.002015: mayors.
p.002015: The law shall establish the penalties that may be incurred for the improper exercise of this attribution.
p.002015: Article 315. The powers of the mayor are:
p.002015: 1. Comply with and enforce the Constitution, the law, government decrees, ordinances, and agreements
p.002015: of the council.
p.002015: 2. Maintain public order in the municipality, in accordance with the law and the instructions and orders received from the
p.002015: President of the Republic and the respective governor. The mayor is the first police authority in the municipality.
p.002015: The National Police will promptly and diligently comply with the orders issued by the mayor through the
p.002015: respective commander.
p.002015: 3. Direct the administrative action of the municipality; ensure the fulfillment of the functions and the provision of
p.002015: the services at your expense; represent it judicially and extrajudicially; and appoint and move officials
p.002015: under its dependence and to the managers or directors of public establishments and industrial enterprises or
p.002015: commercial premises, in accordance with the relevant provisions.
p.002015: 4. Suppress or merge municipal entities and agencies, in accordance with the respective agreements.
p.002015: 5. Submit timely to the Council the draft agreements on development plans and programs
p.002015: economic and social, public works, annual budget of income and expenses and others deemed convenient for
p.002015: The good progress of the municipality.
p.002015: 6. Punish and promulgate the agreements approved by the Council and object to those that consider inconvenience
p.002015: or contrary to the legal system.
p.002015: 7. Create, delete or merge the jobs of their dependencies, point out special functions and set their
p.002015: emoluments in accordance with the corresponding agreements. You may not create obligations that exceed the overall amount set
p.002015: for personnel expenses in the initially approved budget.
p.002015: 8. Collaborate with the Council for the proper performance of its functions, submit general reports on its
p.002015: administration and summon it to extraordinary sessions, in which it will only deal with the issues and subjects for
p.002015: which was cited.
p.002015: 9. Order municipal expenses according to the investment plan and budget.
p.002015: 10. The others that the Constitution and the law indicate.
p.002015: Article 316. In the voting that is carried out for the election of local authorities and for the decision of
p.002015: Matters of the same character, only citizens residing in the respective municipality may participate.
p.002015: Article 317. Only municipalities may tax real property. The foregoing does not prevent others
p.002015: entities impose valuation contribution.
p.002015: The law will allocate a percentage of these taxes, which may not exceed the average of existing surcharges, to
p.002015: the entities responsible for the management and conservation of the environment and renewable natural resources,
p.002015: I agree with you
p.002015: Of the Municipal Regime
p.002015: (Articles 314-317)
p.002015: 88 COLOMBIA POLITICAL CONSTITUTION
p.002015: development plans of the municipalities in the area of ​​their jurisdiction.
p.002015: Article 318. In order to improve the provision of services and ensure the participation of citizens in the
p.002015: management of local public affairs, councils may divide their municipalities into communes when
p.002015: try urban areas, and corregimientos in the case of rural areas.
p.002015: In each of the communes or districts there will be a local administrative board of popular election,
p.002015: composed of the number of members determined by law, which will have the following functions:
p.002015: 1. Participate in the preparation of municipal plans and programs for economic and social development and for
p.002015: Public Works.
p.002015: 2. Monitor and control the provision of municipal services in your commune or district and the investments that
p.002015: are made with public resources.
p.002015: 3. Formulate investment proposals before national, departmental and municipal authorities responsible for the
p.002015: Preparation of the respective investment plans.
p.002015: 4. Distribute the global items assigned by the municipal budget.
p.002015: 5. Exercise the functions delegated by the council and other local authorities. Departmental assemblies
p.002015: may organize administrative boards for the fulfillment of the functions indicated by the act of their creation
p.002015: in the territory that it determines.
p.002015: Legislative Act 02 of 2002, Article 6: The period of the members of the local Administrative Boards at the
p.002015: referred to in article 318 of the Political Constitution will be four years.
p.002015: The rules on periods of mayors and municipal councilors of this legislative act shall also apply to
p.002015: of the Districts.
p.002015: Article 319. When two or more municipalities have economic, social and physical relations, which give the whole
p.002015: characteristics of a metropolitan area, may be organized as an administrative entity responsible for programming
p.002015: and coordinate the harmonious and integrated development of the common territory
p.002015: crazy under his authority; streamline the provision of public services by those who integrate it and, if
p.002015: it is the case, to lend some of them in common; and execute works of metropolitan interest.
p.002015: The territorial planning law will adopt an administrative and fiscal regime for metropolitan areas
p.002015: special character; ensure that the administrative bodies have adequate participation in the
p.002015: respective municipal authorities; and will indicate the way to convene and carry out the popular consultations that decide
p.002015: the linking of municipalities.
p.002015: Once the popular consultation has been completed, the respective mayors and municipal councils will protocolize the formation of the
p.002015: area and will define their powers, financing and authorities, in accordance with the law.
p.002015: Metropolitan areas may become Districts in accordance with the law.
p.002015: Article 320. The law may establish categories of municipalities according to their population, fiscal resources,
p.002015: economic importance and geographical situation, and point out different regime for its organization, government and
p.002015: administration.
p.002015: Article 321. Provinces are constituted with municipalities or surrounding indigenous territories,
p.002015: belonging to the same department.
p.002015: The law will dictate the basic statute and set the administrative regime of the provinces that may be organized
p.002015: for the fulfillment of the functions delegated to them by national or departmental entities and assigned to them by the
p.002015: law and the municipalities that integrate them.
p.002015: The provinces will be created by ordinance, at the initiative of the governor, of the mayors of the respective
p.002015: municipalities or the number of citizens determined by law.
p.002015: In order to enter an already established province, a popular consultation must be carried out in the municipalities
p.002015: interested.
p.002015: The department and municipalities will contribute to the provinces the percentage of their current income that
p.002015: determine the assembly and the respective councils.
p.002015: Of the Municipal Regime
p.002015: (Articles 318-321)
p.002015: COLOMBIA POLITICAL CONSTITUTION 89
p.002015: CHAPTER 4
p.002015: OF THE SPECIAL REGIME
p.002015: Article 322. Legislative Act 01 of 2000, article 1. Subparagraph 1 of article 322 of the Constitution
p.002015: Politics, it will look like this:
p.002015: Bogotá, capital of the Republic and the department of Cundinamarca, is organized as the Capital District.
p.002015: Its political, fiscal and administrative regime will be determined by the Constitution, the special laws that for the
p.002015: they are dictated and the provisions in force for the municipalities.
p.002015: Based on the general norms established by law, the council at the initiative of the mayor will divide the territory
p.002015: district in localities, according to the social characteristics of its inhabitants, and will do the
p.002015: corresponding distribution of powers and administrative functions.
p.002015: The district authorities will be responsible for ensuring the harmonious and integrated development of the city and
p.002015: the efficient provision of services by the District; to local, affairs management
p.002015: typical of its territory.
p.002015: Article 323. Legislative Act 02 of 2002, article 5. Article 323 of the Political Constitution will read as follows:
p.002015: Legislative Act 03 of 2007, article 1. Section 1 of article 323 of the Political Constitution shall remain
p.002015: Thus: The District Council shall consist of forty-five (45) councilors.
p.002015: In each of the locations there will be a popularly elected administrative board for periods of four (4)
p.002015: years that will be integrated by no less than seven councilors, as determined by the district council, attended the
p.002015: respective population.
p.002015: The election of Mayor Mayor, district councilors and mayor will be made on the same day for periods of
p.002015: four (4) years and the mayor may not be re-elected for the following period.
p.002015: Whenever there is an absolute fault more than eighteen (18) months after the end of the period, the period will be chosen
p.002015: Mayor for the time remaining. In case I miss less than eighteen
p.002015: (18) months, the President of the Republic will appoint mayor mayor for the remainder of the period, respecting the
p.002015: party, political group or coalition by which the elected mayor was registered.
p.002015: The local mayors will be appointed by the mayor of terna sent by the corresponding board
p.002015: administrator.
p.002015: In the cases specifically indicated by law, the President of the Republic will suspend or destine the Mayor
p.002015: Higher.
p.002015: Councilors and councilors may not be part of the boards of directors of the decentralized entities.
p.002015: Article 324. The local administrative boards shall distribute and appropriate the global items that in the
p.002015: Annual budget of the District is allocated to the localities taking into account the unmet basic needs
p.002015: of its population
p.002015: On the departmental income that is generated in Santa Fe de Bogotá, the law will determine the participation that
p.002015: It corresponds to the capital of the Republic. Such participation may not exceed that established on the date
p.002015: of validity of this Constitution.
p.002015: Article 325. In order to guarantee the execution of integral development plans and programs and the provision
p.002015: timely and efficient of the services under its charge, under the conditions established by the Constitution and the law, the
p.002015: Distrito Capital may form a metropolitan area with the surrounding municipalities and a region with other
p.002015: territorial entities of a departmental nature.
p.002015: Article 326. The surrounding municipalities may join the Capital District if they so decide.
p.002015: Of the Special Regime
p.002015: (Articles 322-326)
p.002015: 90 COLOMBIA POLITICAL CONSTITUTION
p.002015: citizens who reside in them end by voting that will take place when the district council has
p.002015: Expressed your agreement with this link. If this occurs, the rules will be applied to the old municipality
p.002015: constitutional and legal valid for the other locations that make up the Capital District.
p.002015: Article 327. In the elections of Governor and deputies to the Departmental Assembly of Cundinamarca no
p.002015: citizens registered in the electoral district of the Capital District will participate.
p.002015: Article 328. Legislative Act 02 of 2007, article 2. Article 328 of the Political Constitution will read as follows:
p.002015: The Tourist and Cultural District of Cartagena de Indias, the Tourist, Cultural and Historical District of Santa Marta and
p.002015: Barranquilla will retain its regime and character, and Buenaventura and Tumaco is organized as a Special District,
p.002015: Industrial, Port, Biodiverse and Ecotourism.
p.002015: Article 329. The conformation of indigenous territorial entities shall be subject to the provisions of the Law.
p.002015: Organic Land Management, and its delimitation will be made by the national Government, with the participation of
p.002015: representatives of indigenous communities, prior concept of the Territorial Planning Commission.
p.002015: The reservations are collective ownership and not alienable.
p.002015: The law will define the relationships and coordination of these entities with those of which they are a part.
p.002015: Paragraph. In the case of an indigenous territory that includes the territory of two or more
p.002015: departments, its administration will be done by the indigenous councils in coordination with the governors of
p.002015: the respective departments. If this territory decides to become a territorial entity, it will be done
p.002015: with the fulfillment of the requirements established in subsection 1 of this article.
p.002015: Article 330. In accordance with the Constitution and laws, indigenous territories shall be governed by
p.002015: formed councils and regulations
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p.002015: 4. Perceive and distribute your resources.
p.002015: 5. Ensure the preservation of natural resources.
p.002015: 6. Coordinate the programs and projects promoted by the different communities in their territory.
p.002015: 7. Collaborate with the maintenance of public order within its territory in accordance with the instructions and
p.002015: provisions of the national government.
p.002015: 8. Represent the territories before the national Government and the other entities to which they are integrated; Y
p.002015: 9. Those indicated by the Constitution and the law.
p.002015: Paragraph. The exploitation of natural resources in the indigenous territories will be done without detracting from the
p.002015: cultural, social and economic integrity of indigenous communities. In the decisions taken regarding
p.002015: such exploitation, the Government will encourage the participation of the representatives of the respective
p.002015: communities
p.002015: Article 331. Create the Regional Autonomous Corporation of the Rio Grande de la Magdalena responsible for the recovery
p.002015: of navigation, port activity, adaptation and conservation of land, generation and distribution
p.002015: of energy and the use and preservation of the environment, ichthyological resources and other natural resources
p.002015: renewable.
p.002015: The law will determine its organization and sources of financing, and define in favor of the riverside municipalities a
p.002015: special treatment in the allocation of royalties and their share of income
p.002015: currents of the nation.
p.002015: Of the Special Regime
p.002015: (Articles 327-331)
p.002015: POLITICAL CONSTITUTION COLOMBIA 91
p.002015: TITLE XII
p.002015: OF THE ECONOMIC AND PUBLIC FINANCE REGIME
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 332. The State owns the subsoil and non-renewable natural resources, without
p.002015: prejudice of the rights acquired and perfected in accordance with the pre-existing laws.
p.002015: Article 333. Economic activity and private initiative are free, within the limits of the common good. For
p.002015: its exercise, no one may require prior permits or requirements, without authorization of the law.
p.002015: Free economic competition is a right of all that involves responsibilities.
p.002015: The company, as the basis of development, has a social function that implies obligations. The State will strengthen the
p.002015: Solidarity organizations and will stimulate business development.
p.002015: The State, by mandate of the law, will prevent the obstruction or restriction of economic freedom and will prevent or control
p.002015: any abuse that people or companies make of their dominant position in the national market.
p.002015: The law will delimit the scope of economic freedom when required by the social interest, the environment and the environment.
p.002015: cultural heritage of the nation.
p.002015: Article 334. Legislative Act 03 of 2011, article 1. Article 334 of the Political Constitution will read as follows:
p.002015: The general direction of the economy will be in charge of the State. This will intervene, by mandate of the law, in the
p.002015: exploitation of natural resources, in land use, in the production, distribution, use and consumption of
p.002015: goods, and in public and private services, to rationalize the economy in order to achieve
p.002015: national and territorial level, within a framework of fiscal sustainability, the
p.002015: improvement of the quality of life of the inhabitants, the equitable distribution of opportunities and
p.002015: benefits of the development and preservation of a healthy environment. This fiscal sustainability framework must work
p.002015: as an instrument to progressively achieve the objectives of the Social Rule of Law. In any case the
p.002015: Public social spending will be a priority.
p.002015: The State, in a special way, will intervene to give full employment to human resources and ensure, in a manner
p.002015: progressive, that all people, particularly those with lower incomes, have effective access to all
p.002015: basic goods and services. Also to promote productivity and competitiveness and the harmonious development of re-
p.002015: gions
p.002015: Fiscal sustainability should guide the Branches and Bodies of the Public Power, within their
p.002015: competencies, within a framework of harmonic collaboration.
p.002015: The Attorney General or one of the Ministers of the Government, once the sentence has been delivered by anyone
p.002015: of the maximum judicial corporations, they may request the opening of a Fiscal Impact Incident, whose procedure
p.002015: It will be mandatory. The explanations of the proponents on the consequences of the judgment in the
p.002015: public finances, as well as the concrete plan for compliance and it will be decided whether to modulate, modify or
p.002015: defer the effects of it, in order to avoid serious changes in fiscal sustainability. In any
p.002015: In this case, the essential core of fundamental rights will be affected.
p.002015: Paragraph. In interpreting this article, under no circumstances, any authority of nature
p.002015: administrative, legislative or judicial, may
p.002015: On the Economic Regime and the Public Treasury (Articles
p.002015: 332-334)
p.002015: 92 COLOMBIA POLITICAL CONSTITUTION
p.002015: invoke fiscal sustainability to undermine fundamental rights, restrict its scope or deny its
p.002015: effective protection
p.002015: Article 335. Financial, stock exchange, insurance and any other activities related to the
p.002015: management, use and investment of the collection resources referred to in the literal
p.002015: d) of numeral 19 of article 150 are of public interest and can only be exercised prior authorization of the State,
p.002015: according to the law, which will regulate the form of government intervention in these matters and will promote the
p.002015: Credit democratization.
p.002015: Article 336. No monopoly may be established except as a rentier discretion, with a purpose of interest
p.002015: public or social and under the law.
p.002015: The law that establishes a monopoly cannot be applied before they have been fully immobilized.
p.002015: individuals who by virtue of it should be deprived of the exercise of a lawful economic activity.
p.002015: The organization, administration, control and exploitation of rent monopolies will be subject to a
p.002015: own regime, set by the government initiative law.
p.002015: The income obtained in the exercise of the monopolies of luck and chance will be destined exclusively to the
p.002015: Health services.
p.002015: The income obtained in the exercise of the liquor monopoly will preferably be destined to the services of
p.002015: Health and education
p.002015: Tax evasion on income from rent monopolies will be penalized in
p.002015: the terms established by law.
p.002015: The Government will alienate or liquidate the monopolistic companies of the State and grant to third parties the development of its
p.002015: activity when they do not meet the efficiency requirements, in the terms determined by law.
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p.002015: Article 337. The Law may establish special norms for border, land and sea areas.
p.002015: economic and social matters tending to promote its development.
p.002015: Article 338. In peacetime, only Congress, departmental assemblies and district councils and
p.002015: municipal may impose tax or parafiscal contributions. The law, ordinances and agreements must
p.002015: set, directly, the active and passive subjects, the taxable facts and bases, and the tax rates.
p.002015: The law, ordinances and agreements may allow authorities to set the rate of fees and
p.002015: contributions charged to taxpayers, such as recovery of the costs of the services they receive
p.002015: lend or share in the benefits provided to them; but the system and method to define such costs
p.002015: and benefits, and the manner of distribution, must be set by law, ordinances or agreements.
p.002015: Laws, ordinances or agreements that regulate contributions on which the basis is the result of events occurred
p.002015: during a certain period, they cannot be applied until after the period that begins after the start of the
p.002015: validity of the respective law, ordinance or agreement.
p.002015: EPISODE 2
p.002015: OF THE DEVELOPMENT PLANS
p.002015: Article 339. Legislative Act 03 of 2011, article 2. The first subsection of article 339 of the Constitution
p.002015: Policy will look like this:
p.002015: There will be a National Development Plan consisting of a general part and an investment plan
p.002015: of public entities of the national order. In the general part, national purposes and objectives will be indicated
p.002015: long-term goals and priorities of medium-term state action and strategies and orientations
p.002015: policy generals
p.002015: Of the Development Plans
p.002015: (Articles 335-339)
p.002015: COLOMBIA 93 POLITICAL CONSTITUTION
p.002015: economic, social and environmental that will be adopted by the Government. The public investment plan will contain
p.002015: the multiannual budgets of the main national public investment programs and projects and the
p.002015: specification of the financial resources required for its execution, within a framework that guarantees the
p.002015: fiscal sustainability
p.002015: The territorial entities shall elaborate and adopt in a concerted manner between them and the national Government,
p.002015: development plans, in order to ensure the efficient use of its resources and the adequate performance of the
p.002015: functions assigned to them by the Constitution and the law. The plans of the territorial entities
p.002015: They will consist of a strategic part and a medium and short term investment plan.
p.002015: Article 340. There will be a National Planning Council composed of representatives of the territorial entities and
p.002015: of the economic, social, ecological, community and cultural sectors. The Council will be consultative
p.002015: and will serve as a forum for the discussion of the National Development Plan.
p.002015: The members of the National Council will be appointed by the President of the Republic of lists submitted to him
p.002015: the authorities and organizations of the entities and sectors referred to in the preceding paragraph,
p.002015: who must be or have been linked to these activities. Its period will be eight years and every four years
p.002015: it will renew partially in the manner established by law.
p.002015: In territorial entities there will also be planning advice, as determined by law.
p.002015: The National Council and territorial planning councils constitute the National Planning System.
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p.002015: “Superior Council of the Judiciary” with “Judicial Government Council” in article 341 of the Constitution
p.002015: Politics.
p.002015: Based on the report prepared by the joint economic affairs commissions, each corporation
p.002015: discuss and evaluate the plan in plenary session. Disagreements with the content of the general part, if the
p.002015: if any, they will not be an obstacle for the government to execute the proposed policies within its competence. Do not
p.002015: However, when the government decides to modify the general part of the plan, it must follow the procedure indicated in the
p.002015: next article.
p.002015: The National Investment Plan will be issued through a law that will take precedence over the other laws;
p.002015: consequently, their mandates will constitute suitable mechanisms for their execution and will replace the
p.002015: existing without the need for the issuance of subsequent laws, however, in the annual budget laws
p.002015: may increase or decrease the items and resources approved in the plan law. If Congress does not approve the
p.002015: National Public Investment Plan within three months after submission, the government may
p.002015: put it into effect by decree with force of law.
p.002015: Congress may modify the Public Investment Plan as long as the balance is maintained
p.002015: financial. Any increase in borrowing authorizations requested in the government project
p.002015: or inclusion of investment projects not contemplated in it, will require the approval of the national Government.
p.002015: Article 342. The corresponding organic law shall regulate everything related to the procedures of
p.002015: elaboration, approval and execution of the development plans and will arrange the mecha-
p.002015: Of the Development Plans
p.002015: (Articles 340-342)
p.002015: 94 COLOMBIA POLITICAL CONSTITUTION
p.002015: Appropriate bodies for their harmonization and for the submission of official budgets to them.
p.002015: It will also determine the organization and functions of the National Planning Council and the councils
p.002015: territorial, as well as the procedures according to which citizen participation will be effective
p.002015: in the discussion of development plans, and the corresponding modifications, in accordance with the provisions of the
p.002015: Constitution.
p.002015: Article 343. The national planning entity established by law shall be responsible for the design and organization of
p.002015: management evaluation systems and results of the public administration, both
p.002015: related to policies such as investment projects, under the conditions it determines.
p.002015: Article 344. The departmental planning agencies shall carry out the evaluation of management and results.
p.002015: on the development and investment plans and programs of the departments and municipalities, and will participate in
p.002015: the preparation of the budgets of the latter in the terms established by law.
p.002015: In any case, the national planning body, selectively, may exercise such evaluation on
p.002015: Any territorial entity.
p.002015: CHAPTER 3 OF THE BUDGET
p.002015: Article 345. In peacetime you cannot
p.002015: receive a contribution or tax that is not included in the income budget, or make a charge
p.002015: to the treasure that is not included in the expense.
p.002015: Nor can any public expense be made that has not been decreed by Congress, by the assemblies
p.002015: departmental, or by district or municipal councils, or transfer any credit to an object not provided for in the
p.002015: respective budget.
p.002015: Article 346. Legislative Act 03 of 2011, article 3. The first subsection of article 346 of the Constitution
p.002015: Policy will look like this:
p.002015: The Government will formulate annually the budget of income and appropriations law, which will be presented to Congress
p.002015: within the first ten days of each legislature. The income budget and appropriations law must
p.002015: be prepared, presented and approved within a framework of fiscal sustainability and correspond to the Plan
p.002015: National Development
p.002015: In the Appropriations Law no item may be included that does not correspond to a credit judicially
p.002015: recognized, or to an expense decreed according to previous law, or to one proposed by the
p.002015: Government to duly address the operation
p.002015: ment of the branches of public power, or in the service of debt, or intended to comply with the National Plan of
p.002015: Developing.
p.002015: The economic affairs commissions of the two Chambers will deliberate jointly to give first
p.002015: debate on the draft Income Budget and Appropriations Law.
p.002015: Article 347. The bill of appropriations must contain all the expenses that the State intends
p.002015: perform during the respective fiscal period. If the legally authorized income is not sufficient to
p.002015: meet the projected expenses, the Government will propose, separately, before the same commissions that study the
p.002015: draft budget law, the creation of new income or the modification of existing ones to finance the
p.002015: amount of expenses contemplated.
p.002015: The budget may be approved without having perfected the bill concerning resources
p.002015: additional, whose procedure may continue its course in the following legislative period.
p.002015: Transitional Paragraph Legislative Act 01 of 2001, article 1. Include a new paragraph to article 347 of the
p.002015: Political Constitution like this:
p.002015: Of the budget
p.002015: (Articles 345-347)
p.002015: COLOMBIA 95 POLITICAL CONSTITUTION
p.002015: During the years 2002, 2003, 2004, 2005, 2006, 2007 and 2008 the total amount of appropriations authorized by
p.002015: the annual budget law for general expenses, different from those for the payment of pensions,
p.002015: health, defense expenses, personal services, the General Participation System and other transfers that
p.002015: state law, may not increase from one year to another, by a percentage higher than the inflation rate
p.002015: caused for each of them, plus one point five percent (1.5%).
p.002015: The restriction on the amount of appropriations will not be applied to those necessary to meet decreed expenses.
p.002015: with the powers of the States of Exception.
p.002015: Article 348. If the Congress does not issue the budget, the one presented by the Government shall govern within
p.002015: terms of the preceding article; if the budget has not been presented within that period, the
p.002015: from the previous year, but the Government may reduce expenses, and, consequently, suppress or re-employment
p.002015: This is recommended by the income calculations for the new fiscal year.
p.002015: Article 349. During the first three months of each legislature, and strictly in accordance with the rules of the
p.002015: Organic Law, Congress will discuss and issue the General Revenue Budget and Appropriations Law.
p.002015: The computation of income, credit resources and those from the balance of the treasury, may not
p.002015: be increased by the Congress but with the previous and favorable concept signed by the minister of the branch.
p.002015: Article 350. The appropriations law must have a component called social public expenditure that will group the
p.002015: Items of this nature, as defined by the respective organic law. Except in cases of war
p.002015: external or for reasons of national security, social public spending will have priority over any other
p.002015: assignment.
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p.002015: total expenditure of the corresponding appropriations law.
p.002015: Article 351. The Congress may not increase any of the budget items proposed by the
p.002015: Government, or include a new one, but with the written acceptance of the minister of the branch.
p.002015: Congress may eliminate or reduce items of expenditure proposed by the Government, with the exception of those
p.002015: they need for the service of the public debt, the other contractual obligations of the State, the attention
p.002015: full of the ordinary services of the administration and the investments authorized in the plans and programs to
p.002015: referred to in article 341.
p.002015: If the calculation of income is raised, or if some of the project items are eliminated or decreased
p.002015: respectively, the amounts thus available, without exceeding their amount, may be applied to other investments or expenses
p.002015: authorized as prescribed in the final paragraph of article 349 of the Constitution.
p.002015: Article 352. In addition to the provisions of this Constitution, the Organic Law of the Budget shall regulate the
p.002015: corresponding to the programming, approval, modification, execution of the nation's budgets, of the
p.002015: territorial entities and decentralized entities of any administrative level, and their coordination with
p.002015: the National Development Plan, as well as the capacity of state agencies and entities to
p.002015: contract.
p.002015: Article 353. The principles and provisions set forth in this title shall apply, in whatever case.
p.002015: pertinent, to the territorial entities, for the elaboration, approval and execution of its budget.
p.002015: Of the budget
p.002015: (Articles 348-353)
p.002015: 96 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 354. There will be a General Accountant, official of the Executive Branch, who will keep the accounting
p.002015: general of the nation and will consolidate this with that of its territorially or services decentralized entities,
p.002015: Whatever the order to which they belong, except for the execution of the Budget, whose
p.002015: Competition is attributed to the Comptroller.
p.002015: The functions of uniforming, centralizing and consolidating public accounting correspond to the General Accountant,
p.002015: Prepare the balance sheet and determine the accounting standards that must govern the country, in accordance with the law.
p.002015: Paragraph. Six months after completion
p.002015: the fiscal year, the national government will send to the
p.002015: I pay the balance of the Treasury, audited by the Office of the Comptroller General of the Republic, for its knowledge and
p.002015: analysis.
p.002015: Article 355. None of the branches or organs of public power may decree aid or grants in favor of
p.002015: natural or legal persons under private law.
p.002015: The Government, at the national, departmental, district and municipal levels may, with resources from the respective
p.002015: budgets, enter into contracts with private non-profit entities and of recognized suitability in order to
p.002015: promote public interest programs and activities in accordance with the National Plan and the Sectional Plans of
p.002015: Developing. The national government will regulate the matter.
p.002015: CHAPTER 4
p.002015: OF THE DISTRIBUTION OF RESOURCES AND COMPETENCES
p.002015: Article 356. Legislative Act 01 of 2001, article 2. Article 356 of the Political Constitution will read as follows:
p.002015: Except as provided by the Constitution, the law, at the initiative of the Government, will set the services in charge of the nation and
p.002015: of departments, districts, and municipalities. In order to serve the services charged to them and to provide
p.002015: the resources to adequately finance its provision, the General Participation System of the
p.002015: departments, districts and municipalities.
p.002015: The districts will have the same powers as the municipalities and departments for the purposes of the
p.002015: distribution of the General Participation System established by law.
p.002015: For these purposes, indigenous territorial entities, once constituted, will be beneficiaries. Likewise, the
p.002015: law will establish as beneficiaries the indigenous reservations, as long as these have not been constituted
p.002015: indigenous territorial entity.
p.002015: Legislative Act 04 of 2007, article 1. Section 4 of article 356 of the Political Constitution
p.002015: it will look like this: The resources of the General Participation System of the departments, districts and municipalities will be
p.002015: will allocate to the financing of the services under their care, giving priority to the health service, the
p.002015: education, preschool, primary, secondary and middle school services, and home drinking water services
p.002015: and basic sanitation, guaranteeing the provision and expansion of coverage with an emphasis on the population
p.002015: poor.
p.002015: Taking into account the principles of solidarity, complementarity and subsidiarity, the law will indicate the cases in which
p.002015: which the nation may attend to the financing of the expenses in the services that are indicated by the law
p.002015: as of competence of the departments, districts and municipalities.
p.002015: The law will regulate the distribution criteria of the General Participation System of the departments,
p.002015: districts, and municipalities, in accordance with the competences assigned to each of these entities; Y
p.002015: it will contain the necessary provisions to put into operation the General Participation System of these,
p.002015: incorporating principles on distribution that take into account the following criteria:
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 354-356)
p.002015: COLOMBIA 97 POLITICAL CONSTITUTION
p.002015: a) Legislative Act 04 of 2007, article 2. The a) of article 356 of the Political Constitution will read as follows:
p.002015: For education, health and drinking water and basic sanitation: population served and to be served, distribution between
p.002015: urban and rural population, administrative and fiscal efficiency, and equity. In the distribution by entity
p.002015: territorial of each of the components of the General Participation System, priority will be given to factors
p.002015: that favor the poor population, in the terms established by law.
p.002015: b) For other sectors: population, distribution between population and urban and rural, administrative and fiscal efficiency, and
p.002015: relative poverty
p.002015: Skills cannot be decentralized without prior allocation of sufficient fiscal resources for
p.002015: attend them.
p.002015: The resources of the General Participation System of the departments, districts, and municipalities will be distributed by
p.002015: sectors defined by law.
p.002015: The amount of resources allocated for the health and education sectors may not be less than the one transferred
p.002015: to the issuance of this legislative act to each of these sectors.
p.002015: Transitional Paragraph The Government must present the bill that regulates the organization and operation
p.002015: of the General Participation System of the departments, districts, and municipalities, no later than the first
p.002015: month of sessions of the next legislative period.
p.002015: Legislative Act 02 of 2007, article 1. Add the following paragraph to article 356 of the Constitution
p.002015: Politics: The city of Buenaventura is organized as a Special, Industrial, Port, Biodiverse and
p.002015: Ecotouristic. Its political, fiscal and administrative regime will be the one determined by the Constitution and laws
p.002015: special, that for this purpose the regulations in force for the
p.002015: municipalities.
p.002015: Legislative Act 04 of 2007, article 3. Add to article 356 of the Political Constitution the following
p.002015: subsections: The national government will define
p.002015: a strategy of monitoring, monitoring and integral control of the expenditure executed by the entities
p.002015: with resources from the General Participation System, to ensure compliance with the
p.002015: coverage and quality goals. This strategy should strengthen the spaces for citizen participation in
p.002015: social control and accountability processes.
p.002015: Legislative Act 04 of 2007, article 3. In addition to article 356 of the Political Constitution,
p.002015: following sections: To give application and compliance with the provisions of the preceding paragraph, the Government
p.002015: national, in a term not exceeding six
p.002015: (6) months counted from the issuance of this legislative act, will regulate, among other aspects,
p.002015: the pertinent to define the events in which the adequate provision of the services in charge of
p.002015: territorial entities, the measures that can be taken to avoid such a situation and the effective determination of
p.002015: corrective measures necessary.
p.002015: Article 357. Legislative Act 04 of 2007, article 4. Article 357 of the Political Constitution will read as follows:
p.002015: The General Participation System of the departments, districts and municipalities will be increased annually by a
p.002015: percentage equal to the average of the percentage variation that the current income of the nation has had during
p.002015: the four (4) previous years, including that corresponding to the capacity of the budget in execution.
p.002015: For the purposes of calculating the variation of the current income of the nation referred to in subsection
p.002015: above, taxes that are arbitrated by measures of state of exception will be excluded unless Congress,
p.002015: during the following year, grant them permanent status.
p.002015: Seventeen percent (17%) of the General Purpose resources of the General Participation System will be
p.002015: distributed among municipalities with a population of less than 25,000 inhabitants. These resources will be allocated
p.002015: exclusively for investment, in accordance with the powers assigned by law.
p.002015: On the Distribution of Resources and Competencies
p.002015: (Article 357)
p.002015: 98 COLOMBIA POLITICAL CONSTITUTION
p.002015: These resources will be distributed based on the same population and poverty criteria defined by the law for
p.002015: General Purpose Participation.
p.002015: Municipalities classified in the fourth, fifth and sixth categories, in accordance with current regulations,
p.002015: may freely allocate, for investment and other expenses inherent to the operation of the administration
p.002015: municipal, up to forty-two (42%) of the resources received by the General System of
p.002015: General Purpose Participations, except for resources distributed in accordance with subsection
p.002015: previous.
p.002015: When a territorial entity reaches universal coverage and meets quality standards
p.002015: established by the competent authorities, in the education, health and / or public services sectors
p.002015: domiciliary of drinking water and basic sanitation, previous certification of the competent national entity, may
p.002015: allocate surplus resources to investment in other sectors within its competence. The national government will regulate
p.002015: The matter.
p.002015: Transitional Paragraph 1. The amount of the General Participation System (GSP) of the departments, districts and
p.002015: Municipalities will be increased based on the amount settled in the previous term. During the years 2008 and 2009
p.002015: the GSP will increase by a percentage equal to the rate of inflation caused, plus a real growth rate of
p.002015: 4%. During 2010 the increase will be equal to the inflation rate caused, plus a real growth rate of
p.002015: 3.5% Between 2011 and 2016 the increase will be equal to the inflation rate caused, plus a rate of
p.002015: real growth of 3%.
p.002015: Transitional Paragraph 2. If the real growth rate of the economy (Gross Domestic Product (GDP) certified
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p.002015: settlement of the GSP in subsequent years.
p.002015: Transitional Paragraph 3. The General Participation System (GSP) will have an additional growth
p.002015: established in the previous transitory paragraphs for the education sector. The evolution of said growth
p.002015: additional will be like this: in the years 2008 and 2009 of one point three percent (1.3%), in the year 2010 of one
p.002015: point six percent (1.6%), and during the years 2011 to 2016 one point eight percent (1.8%). In each of
p.002015: These years, this additional increase in the System will not generate a basis for the liquidation of the SGP
p.002015: next validity. These resources will be allocated for coverage and quality.
p.002015: Transitional Paragraph 4. The national government will define criteria and transitions in the application
p.002015: of the results of the last census carried out, with the purpose of avoiding the negative effects derived from the
p.002015: variations of the census data in the distribution of the General Participation System. The System will guide the
p.002015: resources necessary so that by no means, the resources they receive are reduced
p.002015: the territorial entities currently.
p.002015: Article 358. For the purposes contemplated in the two preceding articles, current income is understood as the
p.002015: constituted by tax and non-tax revenues with the exception of capital resources.
p.002015: Article 359. There will be no national income from
p.002015: specific destination
p.002015: They are excepted:
p.002015: 1. The shares provided for in the Constitution in favor of departments, districts and municipalities.
p.002015: 2. Those destined for social investment.
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 358-359)
p.002015: COLOMBIA 99 POLITICAL CONSTITUTION
p.002015: 3. Those which, based on previous laws, the nation assigns to social security entities and the former
p.002015: Intentions and police stations.
p.002015: Article 360. Legislative Act 05 of 2011, article 1. Article 360 ​​of the Political Constitution will read as follows:
p.002015: The exploitation of a non-renewable natural resource will cause, in favor of the State, an economic consideration to
p.002015: royalty title, without prejudice to any other right or compensation that is agreed. The law will determine the
p.002015: conditions for the exploitation of non-renewable natural resources.
p.002015: Through another law, at the initiative of the Government, the law will determine the distribution, objectives, purposes, and
p.002015: administration, execution, control, efficient use and allocation of income from the former
p.002015: plotting of non-renewable natural resources specifying the conditions of participation of its beneficiaries.
p.002015: This set of income, allocations, organs, procedures and regulations constitutes the General System of
p.002015: Royalties.
p.002015: Article 361. Legislative Act 05 of 2011, article 2. Article 361 of the Political Constitution will read as follows:
p.002015: Revenue from the General Royalty System will be used to finance projects for development
p.002015: social, economic and environmental of territorial entities; to savings for your pension liability; for
p.002015: physical investments in education, for investments in science, technology and innovation; for the generation
p.002015: public savings; for the inspection of exploration and exploitation of deposits and knowledge and
p.002015: underground geological mapping; and to increase the overall competitiveness of the economy, seeking to improve
p.002015: the social conditions of the population.
p.002015: The departments, municipalities and districts in whose territory natural resource holdings are advanced
p.002015: renewable, as well as municipalities and districts with sea and river ports where these are transported
p.002015: resources or products derived from them, will be entitled to share
p.002015: cipar in royalties and compensation, as well as to execute these resources directly.
p.002015: For purposes of complying with the objectives and purposes of the General Royalty System, create the Science Fund,
p.002015: Technology and Innovation; of Regional Development; Regional Compensation; and Savings and Stabilization.
p.002015: The income of the General Royalty System will be distributed as follows: a percentage equivalent to 10% for the Fund of
p.002015: Science, Technology and Innovation; 10% for territorial pension savings, and up to 30% for the Savings Fund and
p.002015: Stabilization. The remaining resources will be distributed in a percentage equivalent to 20% for the allocations
p.002015: Direct issues referred to in paragraph 2 of this article, and 80% for Regional Compensation Funds, and
p.002015: Regional Development Of the total resources allocated to these last two Funds, a percentage will be allocated
p.002015: equivalent to 60% for the Regional Compensation Fund and 40% for the Regional Development Fund.
p.002015: From the revenues of the General System of Royalties, a percentage of 2% will be allocated for fiscalization of
p.002015: the exploration and exploitation of the deposits, and the knowledge and geographical mapping of the subsoil.
p.002015: This percentage will be deducted proportionally from the total income of the General Royalty System
p.002015: distributed in the previous paragraph. The functions established here will be performed by the Ministry of Mines and
p.002015: Energy or by the entity to whom it delegates.
p.002015: The sum of the resources corresponding to the direct assignments referred to in subsection 2 of this article, and
p.002015: from the resources of the Regional Development Fund and the Regional Compensation Fund, they will grow annually at a rate
p.002015: equivalent to half of the total revenue growth rate of the General Royalty System. The law that
p.002015: will regulate the system will define a mechanism to mitigate the decrease of the mentioned resources, which
p.002015: present as a result of a drastic reduction in the income of the General Royalty System.
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 360-361)
p.002015: 100 COLOMBIA POLITICAL CONSTITUTION
p.002015: The difference between the total income of the General Royalty System and the resources allocated to
p.002015: territorial pension savings, the Science, Technology and Innovation Fund, the Regional Development Fund, the Fund
p.002015: of Regional Compensation, as well as those referred to in subsection 2 of this article shall be destined to the Fund of
p.002015: Savings and Stabilization.
p.002015: The Science, Technology and Innovation and Regional Development Funds will have the purpose of financing
p.002015: regional projects agreed between the territorial entities and the national Government.
p.002015: The resources of the Regional Compensation Fund will be used to finance regional impact projects or
p.002015: local development in the poorest territorial entities of the country, according to Needs criteria
p.002015: Basic Unsatisfied (NBI), population and unemployment, and with priority in coastal, border and coastal areas
p.002015: periphery. The duration of the Regional Compensation Fund will be thirty (30) years, counted from the entry
p.002015: in force of the law referred to in subsection 2 of the previous article. After this period, these
p.002015: resources will be allocated to the Regional Development Fund.
p.002015: The resources of the Savings and Stabilization Fund, as well as their returns, will be managed by the Bank of
p.002015: the Republic in the terms established by the national Government. In periods of dissaving, the distribution of
p.002015: These resources among the other components of the System shall be governed by the criteria defined by the law to which
p.002015: refers to subsection 2 of the previous article.
p.002015: In case the resources allocated annually to the Savings and Stabilization Fund exceed thirty percent
...

p.002015: 2 of this article, as well as the resources of the Science, Technology and Innovation Funds; from
p.002015: Regional Development, and Regional Compensation, will be done in accordance with the National Development Plan and the
p.002015: development plans of territorial entities.
p.002015: The priority projects that will be financed with these resources will be defined by collegiate bodies of
p.002015: administration and decision, in accordance with the provisions of the law regulating the General System of
p.002015: Royalties. In the case of the departments referred to in subsection 2 of this article, the organs
p.002015: Administrative and decision colleges will be composed of two (2) Ministers or their delegates, the governor
p.002015: respective or its delegate, and a representative number of mayors. The law that regulates the General Royalty System
p.002015: may create advisory committees for the collegiate bodies of administration and decision, with
p.002015: Participation of civil society. As for the municipalities and / or districts referred to in subsection 2 of the
p.002015: In this article, the collegiate bodies of administration and decision will be made up of a delegate of the
p.002015: National government, the governor or his delegate and the mayor.
p.002015: The programs and / or projects in science, technology and innovation of the departments, municipalities and districts that are
p.002015: will be financed with the resources of the Science, Technology and Innovation Fund, will be defined by a collegiate body of
p.002015: administration and decision, in which the national Government will have a seat, represented by three (3) Ministers or their
p.002015: delegates, one (1) agency representative
p.002015: On the Distribution of Resources and Competencies
p.002015: (Article 361)
p.002015: COLOMBIA 101 POLITICAL CONSTITUTION
p.002015: National Plan and one (1) representative of the national agency in charge of public policy management of
p.002015: science and technology and innovation, who will also exercise the Technical Secretariat, one (1) Governor for each of the
p.002015: instances of regional planning referred to in the following subsection of this article; four 4)
p.002015: representatives of public universities and two (2) representatives of private universities. Also, the resources
p.002015: of this Science, Technology and Innovation Fund, will be distributed in the same proportion in which they are distributed to
p.002015: departments, resources of the Regional Compensation Funds and Regional Development. In any
p.002015: In this case, the resources of this fund may finance current expenditure.
p.002015: The projects of regional impact of the departments, municipalities and districts that will be financed with the resources
p.002015: Regional Development and Compensation Funds will be defined through planning exercises
p.002015: regional by joint administration and decision-making bodies where four (4) Ministers have a seat
p.002015: or its delegates and one (1) representative of the national Planning body, the respective governors or their
p.002015: delegates and a representative number of mayors.
p.002015: The law regulating the General System of Gifts may create advisory committees for the
p.002015: collegiate bodies of administration and decision with the participation of civil society.
p.002015: In any case, the representation of the territorial entities in the collegiate bodies will be majority, in
p.002015: relationship with that of the national government.
p.002015: 3rd paragraph. Create the Monitoring, Monitoring, Control and Evaluation System of the Gifts, whose purpose will be
p.002015: ensure the efficient and effective use of the resources of the General Royalty System, strengthening the
...

p.002015: Royalty assessment. This percentage will be deducted proportionally from the total income of the System
p.002015: General of Royalties distributed in subsection 4 of this article.
p.002015: 1st transitory paragraph. Delete the National Royalty Fund as of the date determined by the
p.002015: law referred to in subsection 2 of the previous article. The national government will designate the liquidator and define
p.002015: the procedure and the deadline for settlement. Uncommitted resources held by the National Royalties Fund
p.002015: upon entry into force of this Legislative Act, they will be used primarily to rebuild the
p.002015: road infrastructure of the country and the environmental recovery of the areas affected by the winter emergence of
p.002015: 2010-2011.
p.002015: 2nd transitory paragraph. Regarding the resources that will be allocated to the direct assignments that the
p.002015: subsection 2 of this article and the Regional Compensation Funds, and Regional Development Funds, its distribution
p.002015: during the first three years it will be like this: during the first year it will correspond to a percentage equivalent to 50% for
p.002015: the direct allocations referred to in subsection 2 of this article and 50% for the funds set forth in this
p.002015: paragraph; In the same way, a percentage equivalent to 35% and 65% will be allocated during the second year
p.002015: respectively; and during the third year a percentage equivalent to 25% and 75% will be allocated, respectively.
p.002015: In the event that during the period between 2012 and 2014, the direct assignments in question
p.002015: subsection 2 of this article, be less than 50% of the annual average, in
p.002015: On the Distribution of Resources and Competencies
p.002015: (Article 361)
p.002015: 102 COLOMBIA POLITICAL CONSTITUTION
p.002015: constant weights of 2010, of direct allocations caused less discounts of law between 2007 and 2010; Y
p.002015: during the period between 2015 and 2020, they are less than 40% of the annual average, in pesos
p.002015: 2010 constants, of the direct assignments caused less discounts of law between 2007 and 2010; the
p.002015: department, municipality or district, may use the resources of the allocation of the respective department in the
p.002015: Regional Development Fund, until reaching said percentage or until the department's resources are exhausted in the
p.002015: mentioned Fund, whichever comes first.
p.002015: 3rd transitory paragraph. In the first year of operation of the General Royalty System, twenty-five will be allocated
p.002015: percent (25%) of its resources to the Savings and Stabilization Fund.
p.002015: During the 2012-2014 period, one fifth of the annual resources of the Savings and Stabilization Fund will be
p.002015: shall be used for the direct assignments referred to in subsection 2 of this article.
p.002015: 4th transitory paragraph. The national government will have a term of three (3) months from
p.002015: the date of promulgation of the present legislative act, to file before the Congress of the Republic the draft of
p.002015: law referred to in subsection 2 of the previous article, which adjusts the royalty regime to the new framework
p.002015: constitutional.
p.002015: Once the bill referred to in the preceding paragraph is filed, the Congress of the Republic will count
p.002015: with a term that may not exceed nine (9) months for approval. If this term has expired, the
p.002015: law by the Congress, the President is authorized for one (1) month
p.002015: of the Republic to issue decrees with force of law to regulate the matter.
p.002015: 5th transitory paragraph. The General Royalty System will be effective as of January 1, 2012. If by this date
p.002015: the law referred to in subsection 2 of the previous article has not entered into force, the national government will guarantee the
p.002015: operation of the System by means of transitory decrees with force of law, which will be issued no later than December 31,
p.002011: 2011
p.002011: 6th transitory paragraph. To ensure the execution of the resources in force 2012, the National Government
p.002011: issue the budget of the General Royalty System for the aforementioned fiscal term, by means of a decree with
p.002011: force of law
p.002011: Article 362. Tax and non-tax assets and income or arising from the exploitation of monopolies of the
p.002011: territorial entities are their exclusive property and enjoy the same guarantees as the property and income of
p.002011: individuals.
p.002011: Departmental and municipal taxes enjoy constitutional protection and, consequently, the law cannot
p.002011: transfer them to the nation, except temporarily in case of foreign war.
p.002011: Article 363. The tax system is based on the principles of equity, efficiency and progressivity.
p.002011: Tax laws will not be applied retroactively.
p.002011: Article 364. The internal and external indebtedness of the nation and territorial entities may not exceed their
p.002011: payment capacity. The law will regulate the matter.
p.002011: On the Distribution of Resources and Competencies (Articles
p.002011: 362-364)
p.002011: POLITICAL CONSTITUTION COLOMBIA 103
p.002011: CHAPTER 5
p.002011: OF THE SOCIAL PURPOSE OF THE STATE AND PUBLIC SERVICES
p.002011: Article 365. Public services are inherent to the social purpose of the State. It is the duty of the State to ensure its
p.002011: Efficient provision to all inhabitants of the national territory.
p.002011: Public services shall be subject to the legal regime established by law, may be provided by the
p.002011: State, directly or indirectly, by organized communities, or by individuals. In any case, the State
p.002011: will maintain the regulation, control and surveillance of said services. If for reasons of sovereignty or interest
p.002011: social, the State, by law approved by the majority of the members of either Chamber, at the initiative of the
p.002011: The government decides to reserve certain strategic activities or public services, must pay prior and full compensation.
p.002011: Only those persons who, under said law, are deprived of the exercise of a lawful activity.
p.002011: Article 366. The general welfare and improvement of the population's quality of life are
p.002011: social purposes of the State. The solution of the needs will be the fundamental objective of its activity
p.002011: Unsatisfied with health, education, environmental sanitation and drinking water.
p.002011: For such purposes, in the plans and budgets of the nation and territorial entities, social public spending
p.002011: It will have priority over any other assignment.
p.002011: Article 367. The law shall determine the powers and responsibilities related to the provision of public services.
p.002011: domiciliary, its coverage, quality and financing, and the rate regime it will have
...

p.002011: may grant subsidies, in their respective budgets, so that people with lower incomes can
p.002011: pay the tariffs of the domiciliary public services that cover your basic needs.
p.002011: Article 369. The law shall determine the duties and rights of users, the regime of their protection and their forms of protection.
p.002011: participation in the management and control of the state companies that provide the service. It will also define the
p.002011: participation of municipalities or their representatives, in the entities and companies that provide public services
p.002011: domiciliary blicos.
p.002011: Article 370. It is the responsibility of the President of the Republic to indicate, subject to the law, the general policies
p.002011: of administration and control of efficiency of domiciliary public services and exercise through the
p.002011: Superintendence of Domiciliary Public Services, control, inspection and surveillance of the entities that
p.002011: lend.
p.002011: CHAPTER 6
p.002011: OF THE CENTRAL BANK
p.002011: Article 371. The Bank of the Republic shall exercise the functions of central banking. Will be organized as a person
p.002011: Law of public law, with administrative, patrimonial and technical autonomy, subject to its own legal regime.
p.002011: The basic functions of the Bank of the Republic will be: to regulate the currency, international changes and credit;
p.002011: issue the legal currency; manage international reserves; be a lender of last resort and banker
p.002011: of the establishments
p.002011: On the Social Purpose of the State and Public Services (Articles
p.002011: 365-371)
p.002011: 104 COLOMBIA POLITICAL CONSTITUTION
p.002011: of credit; and serve as a government fiscal agent. All of them will be exercised in coordination with the policy
p.002011: general economic
p.002011: The Bank will report to the Congress on the execution of the policies under its charge and on others
p.002011: matters that are requested.
p.002011: Article 372. The Board of Directors of the Bank of the Republic shall be the monetary, exchange and credit authority,
p.002011: according to the functions assigned by law. He will be in charge of the direction and execution of the functions of the Bank
p.002011: and it will consist of seven members, among them the Minister of Finance, who will preside over it. The Manager of
p.002011: Bank will be elected by the board of directors and will be a member of it. The remaining five members, dedication excluded
p.002011: siva, will be appointed by the President of the Republic for four-year extendable periods, replaced two
p.002011: of them, every four years. The members of the board of directors will exclusively represent the interest of the nation.
p.002011: The Congress will dictate the law to which the Bank of the Republic must adhere to for the exercise of its functions and the
p.002011: rules subject to which the Government will issue the Bank's bylaws in the
p.002011: to determine, among other aspects, the form of your organization, its legal regime, the functioning of its board
p.002011: directive and of the board of directors, the period of the manager, the rules for the constitution of its
p.002011: reserves, including those of exchange and monetary stabilization, and the fate of their surpluses
p.002011: utilities
p.002011: The President of the Republic shall inspect, supervise and control the Bank in the terms indicated by the
p.002011: law.
p.002011: Article 373. The State, through the Bank of the Republic, shall ensure the maintenance of capacity.
p.002011: Purchase of the currency. The Bank may not establish credit quotas, nor grant guarantees in favor of
p.002011: individuals, except in the case of external credit intermediation for placement by means of
p.002011: credit establishments, or temporary liquidity support for them. The operations of
p.002011: financing in favor of the State will require the unanimous approval of the board of directors, unless it is a matter of
p.002011: open market operations. In no case may the legislature order credit quotas in favor of the
p.002011: State or individuals.
p.002011: From the Central Bank
p.002011: (Articles 372-373)
p.002011: COLOMBIA 105 POLITICAL CONSTITUTION
p.002011: TITLE XIII
p.002011: OF THE REFORM OF THE CONSTITUTION
p.002011: Article 374. The Political Constitution may be amended by Congress, by an Assembly.
p.002011: Constituent or by the people through referendum.
p.002011: Article 375. The Government, ten members of Congress, may submit twenty legislative proposals.
p.002011: percent of councilors or deputies and citizens in a number equivalent to at least five per
p.002011: percent of the current electoral roll.
p.002011: The project will take place in two ordinary and consecutive periods. Approved in the first one
p.002011: For the majority of the attendees, the project will be published by the Government. In the second period the approval
p.002011: it will require the vote of the majority of the members of each Chamber.
p.002011: In this second period, only initiatives presented in the first one can be discussed.
p.002011: Article 376. By law approved by a majority of the members of both Houses, the Congress may provide
p.002011: that the people by popular vote decide whether to convene a Constituent Assembly with the competence, the period and the
p.002011: composition that the same law determines.
p.002011: It will be understood that the people convene the Assembly, if approved by at least one third of the
p.002011: members of the electoral roll.
p.002011: The Assembly shall be elected by the direct vote of the citizens, in an electoral act that may not coincide with
p.002011: other. As of the election, the ordinary power of the Congress to reform the Constitution will be suspended.
p.002011: during the term indicated for the Assembly to fulfill its functions. The Assembly will adopt its own regulations.
p.002011: Article 377. The constitutional reforms approved by Congress must be referred to when
p.002011: refer to rights
p.002011: recognized in Chapter 1 of Title II and its guarantees, the procedures for popular participation, or the
p.002011: Congress, if requested, within six months following the promulgation of the Legislative Act, a
p.002011: five percent of citizens who integrate the electoral roll. The reform shall be deemed repealed by the vote
p.002011: negative of most of the suffragants, provided that at least a quarter participated in the vote
p.002011: of the electoral roll.
p.002011: Article 378. On the initiative of the Government or citizens under the conditions of article 155, the Congress,
p.002011: By law that requires the approval of the majority of the members of both Chambers, you may submit
p.002011: referendum a constitutional reform project that Congress itself incorporates into the law. The referendum will be
p.002011: presented so that voters can freely choose on the agenda or articles what they vote positively and
p.002011: What do they vote negatively.
p.002011: The approval of reforms to the Constitution by way of referendum requires the affirmative vote of more than half of the
p.002011: suffragants, and that the number of these exceeds a quarter of the total of citizens that integrate the census
p.002011: electoral.
p.002011: Article 379. The Legislative Acts, the call to referendum, the popular consultation or the act of convening the
p.002011: Constituent Assembly, may only be declared unconstitutional when the established requirements are violated
p.002011: In this title.
p.002011: Public action against these acts will only proceed within the year following its promulgation, with
p.002011: compliance with the provisions of article 241 numeral 2.
p.002011: Article 380. The Constitution up to now in force with all its reforms is repealed. This Constitution
p.002011: It applies as of the day of its promulgation.
p.002011: Of the Constitution Reform
p.002011: (Articles 374-380)
p.002011: 106 COLOMBIA POLITICAL CONSTITUTION
p.002011: TRANSITORY DISPOSITIONS
p.002011: CHAPTER 1
p.002011: Transitory article 1. Convene the general elections of the Congress of the Republic for October 27
p.001991: 1991
p.001991: The Congress thus elected will have the period ending July 19, 1994.
p.001991: The Civil Registry Office will open a period of registration of citizenship cards.
p.001991: Transitory article 2. Delegates of the Assembly may not be candidates in said election
p.001991: Full constituent or the current Ministers of the Office.
p.001991: Nor may officials of the Executive Branch who have not resigned from their position before 14
p.001991: June 1991
p.001991: Transitory article 3. While installing, on December 1, 1991 the new Congress, the current one and its
p.001991: commissions will go into recess and may not exercise any of their powers either on their own initiative or by
p.001991: call of the President of the Republic.
p.001991: Transitory article 4. The Congress elected on October 27, 1991 will ordinarily meet as follows:
p.001991: From December 1 to 20, 1991 and from January 14 to June 26, 1992. As of July 20, 1992, your regime
p.001991: of sessions will be the one prescribed in this Constitution.
p.001991: Transitory article 5. Check the President of the Republic for precise extraordinary powers to:
p.001991: a) Issue the rules organized by the Office of the Attorney General and the rules of criminal procedure;
p.001991: b) Regulate the right of guardianship;
p.001991: c) Take the necessary administrative measures for the operation of the Constitutional Court and the Superior Council
p.001991: of the Judiciary;
p.001991: d) Issue the General Budget of the Nation for the validity of 1992;
p.001991: e) Issue transitory regulations to decongest judicial offices.
p.001991: Transitory article 6. Create a Special Commission of thirty-six members elected by electoral quotient
p.001991: by the National Constituent Assembly, half of which may be Delegates, which will meet between
p.001991: on July 15 and October 4, 1991 and between November 18, 1991 and the day of the installation of the new
p.001991: Congress. The election will be held in a session convened for this purpose on July 4, 1991.
p.001991: This Special Commission will have the following powers:
p.001991: a) Improving by majority of its members, in whole or in part, the draft decrees prepared by the Government
p.001991: national in the exercise of the extraordinary powers granted to the President of the Republic by article
p.001991: above and in other provisions of this Constituent Act, except those of appointments.
p.001991: Improper items may not be issued by the Government.
p.001991: b) Prepare the bills deemed appropriate to develop the Constitution. The Special Commission
p.001991: may submit said projects for discussion and approval by the Congress of the Republic.
p.001991: c) Regulate its operation.
p.001991: Paragraph. If the Special Commission does not approve before December 15, 1991 the draft budget for the
p.001991: fiscal validity of 1992, will govern the one of the previous year, but the Government will be able to reduce expenses, and, consequently,
p.001991: abolish or merge jobs, when advised by the income calculations of the new fiscal year.
p.001991: Transitory dispositions
p.001991: (Articles 1-6)
p.001991: COLOMBIA POLITICAL CONSTITUTION 107
p.001991: Transitory article 7. The President of the Republic shall designate a representative of the Government before the
p.001991: Special Commission, which will have a voice and initiative.
p.001991: Transitory article 8. The decrees issued in exercise of the powers of State of Siege until the date of
p.001991: promulgation of this Constituent Act, will continue to govern for a maximum period of ninety days, during
p.001991: which the national government may convert into permanent legislation, by decree, if the Commission
p.001991: Special does not print them.
p.001991: Transitory article 9. The extraordinary powers for whose exercise no term has been indicated
p.001991: especially, they will expire fifteen days after the Special Commission definitively ceases its functions.
p.001991: Transitory Article 10. The decrees issued by the Government in exercise of the powers granted in the
p.001991: previous articles will have the force of law and their constitutional control will correspond to the Court
p.001991: Constitutional.
p.001991: Transitional article 11. The extraordinary powers referred to in transitional article 5 shall cease the
p.001991: day on which the elected Congress is installed on October 27, 1991.
p.001991: On the same date the special commission created by the transitional article 6 will also cease its functions.
p.001991: Transitory article 12. In order to facilitate the return to civilian life of guerrilla groups that are
p.001991: are firmly linked to a peace process under the direction of the Government, this may
p.001991: establish, for one time, special peace constituencies for public corporation elections that
p.001991: will take place on October 27, 1991, or directly name only once, a plural number of Congressmen in
p.001991: each Chamber representing the aforementioned groups in peace and demobilized processes.
...

p.001991: For the purposes set forth in this article, the Government may not take into account certain disabilities and
p.001991: requirements necessary to be a congressman.
p.001991: Transitory Article 13. Within three years following the entry into force of this Constitution, the
p.001991: Government may issue the necessary provisions to facilitate the reinsertion of guerrilla groups
p.001991: demobilized who are linked to a peace process under his direction; to improve economic conditions
p.001991: social and social areas where they were present; and to provide the territorial organization,
p.001991: municipal organization and competition, public services and operation and integration of bodies
p.001991: municipal colleges in these areas.
p.001991: The national Government will deliver periodic reports to the Congress of the Republic on compliance and
p.001991: Development of this article.
p.001991: Transitory Article 14. Within the legislature that begins on December 1, 1991, the National Congress, the
p.001991: The Senate of the Republic and the House of Representatives shall issue their respective regulations. Failure to do so will issue it.
p.001991: the Council of State, within the following three months.
p.001991: Transitory article 15. The first election of the Vice President of the Republic will be held in 1994.
p.001991: Meanwhile, to replace the absolute or temporary absences of the President of the Republic, the previous
p.001991: Designated system, for which, once the period of the elected one in 1990 expires, the full Congress shall elect one
p.001991: new for the period 1992-1994.
p.001991: Transitory article 16. Except in the cases indicated by the Constitution, the first election by
p.001991: Transitory dispositions
p.001991: (Articles 7-16)
p.001991: 108 COLOMBIA POLITICAL CONSTITUTION
p.001991: Pillar of governors will be held on October 27, 1991.
p.001991: The governors elected on that date will take office on January 2, 1992.
p.001991: Transitory article 17. The first popular election of Governors in the departments of the Amazon,
p.001991: Guaviare, Guainía, Vaupés and Vichada will be done at the latest in 1997.
p.001991: The law may set an earlier date. Until then, the governors of the aforementioned departments will be
p.001991: appointed and may be removed by the President of the Republic.
p.001991: Transitory article 18. While the law establishes the regime of disabilities for governors, in the
p.001991: October 27, 1991 elections may not be elected as such:
p.001991: 1. Those who at any time have been convicted by a judicial sentence of imprisonment, with
p.001991: except for those who would have been for political or guilty crimes.
p.001991: 2. Those who within six months prior to the election have served as public employees
p.001991: political, civil, administrative or military jurisdiction or authority at the national level or in the respective department.
p.001991: 3. Those who are linked by marriage or kinship within the third degree of consanguinity, second of
p.001991: affinity or first civilian with those who register as candidates in the same elections to the Congress of the
p.001991: Republic.
p.001991: 4. Those who within six months prior to the election have intervened in the management of affairs or in
p.001991: the conclusion of contracts with public entities, in their own interest or in the interest of third parties.
p.001991: The prohibition established in numeral two of this article does not apply to the members of the National Assembly
p.001991: Constituent.
p.001991: Transitional Article 19. The mayors, councilors and deputies elected in 1992 shall exercise their functions until the
p.001991: December 31, 1994.
p.001991: EPISODE 2
p.001991: Transitional Article 20. The National Government, during the term of eighteen months counted from
p.001991: the entry into force of this Constitution and taking into account the evaluation and recommendations of a Commission
p.001991: made up of three experts in Public Administration or Administrative Law appointed by the State Council;
p.001991: three members appointed by the national Government and one representing the Colombian Federation of Municipalities,
p.001991: suppress, merge or restructure the entities of the Executive Branch, public establishments,
p.001991: industrial and commercial enterprises and mixed economy societies of the national order, in order
p.001991: to bring them into line with the mandates of this constitutional reform and, especially, with the
p.001991: redistribution of skills and resources that it establishes.
p.001991: Transitional article 21. The legal norms that develop the principles set forth in article 125 of the
p.001991: Constitution will be issued by the Congress within the year following its installation. If in this period the Congress
p.001991: does not dictate them, the President of the Republic is empowered to issue them within three months.
p.001991: As of the issuance of the legal norms that regulate the career, the nominators of the public servants the
p.001991: They will apply within six months.
p.001991: Failure to comply with the terms indicated in the preceding paragraph shall be grounds for misconduct.
p.001991: While the rules referred to in this article are issued, those currently regulating will continue
p.001991: the matter as long as they do not contradict the Constitution.
p.001991: Transitory dispositions
p.001991: (Articles 17-21)
p.001991: CHAPTER 3
p.001991: POLITICAL CONSTITUTION COLOMBIA 109
p.001991: While issuing the decree provided for in the
p.001991: Transitory article 22. As long as the law does not set another number, the first Constitutional Court will be integrated
p.001991: by seven magistrates who will be appointed for a period of one year like this:
p.001991: Two by the President of the Republic; One by the Supreme Court of Justice; One by the State Council, and
p.001991: One by the Attorney General of the Nation.
p.001991: The magistrates so elected will designate the remaining two, from three lists presented by the President of the Republic.
p.001991: The election of the Magistrates that corresponds to the Supreme Court of Justice, to the State Council, to the President of
p.001991: the Republic and the Attorney General of the Nation must be made within five days of entering
p.001991: validity of this Constitution. Failure to comply with this duty will be cause for misconduct and if the
p.001991: election by any of the bodies mentioned in said term, it will be made by the remaining magistrates
p.001991: duly chosen
p.001991: Paragraph 1. The members of the Constituent Assembly may not be appointed magistrates of the Court
p.001991: Constitutional under this extraordinary procedure.
p.001991: Paragraph 2. The inability established in article 240 for the ministers and magistrates of the Supreme Court of
p.001991: Justice and the State Council is not applicable for the immediate integration of the Constitutional Court that provides
p.001991: this article.
p.001991: Transitional Article 23. Check the President of the Republic for precise extraordinary powers to
...

p.001991: will continue to be processed and must be decided by the Supreme Court of Justice, within the deadlines indicated
p.001991: in decree 432 of 1969.
p.001991: Those that have started after the date cited must be referred to the Constitutional Court in the
p.001991: state in which they are.
p.001991: Once all the processes are failed by the Supreme Court of Justice in accordance with paragraph 1 of this article,
p.001991: its Constitutional Chamber will cease in the exercise of its functions.
p.001991: Transitory Article 25. The President of the Republic shall designate for the first and only time the members of the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary.
p.001991: The Administrative Chamber shall be integrated in accordance with the provisions of the first paragraph of article 254 of the
p.001991: Constitution.
p.001991: Transitional article 26. The proceedings that are currently being carried out in the Disciplinary Tribunal will continue
p.001991: processed without interruption by the magistrates of said corporation and will become known to the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary since its installation.
p.001991: Transitory article 27. The General Prosecutor's Office of the Nation will enter into operation when decrees are issued.
p.001991: extraordinary ones that organize it and those that establish the new penal procedures, in development of the
p.001991: powers granted by the National Constituent Assembly to the President of the Republic.
p.001991: In the respective decrees, however, it may be provided that the competence of the various
p.001991: Transitory dispositions
p.001991: (Articles 22-27)
p.001991: 110 POLITICAL CONSTITUTION COLOMBIA
p.001991: judicial offices are assigned as specific conditions allow, without exceeding 30
p.001991: June 1992, except for municipal criminal judges, whose implementation may be extended for the term
p.001991: four years from the issuance of this reform, as provided by the Superior Council of the
p.001991: Judiciary and the Attorney General of the Nation.
p.001991: The current prosecutors of the superior, criminal courts and customs superior courts, and of
p.001991: public order, will pass to the Attorney General's Office. The other prosecutors will be incorporated into the organic structure
p.001991: and to the staff of the Procuraduría. The Attorney General will indicate the denomination, functions and headquarters of
p.001991: these public servants, and may designate those who have been exercising said positions, retaining their remuneration
p.001991: and benefit regime.
p.001991: The Delegate Attorney's Office in Criminal Matters will continue in the structure of the Attorney General's Office.
p.001991: Likewise, they will pass to the Office of the Attorney General of the Nation, the national address and the sectional directorates of
p.001991: criminal instruction, the technical body of judicial police, and the criminal investigation courts of the
p.001991: ordinary justice, public order and customs criminal.
p.001991: The National Directorate of Legal Medicine of the Ministry of Justice, with its dependencies
p.001991: In addition, the Attorney General's Office will be integrated as a public establishment attached to it.
p.001991: The dependencies that are integrated into the Attorney General's Office will pass to it with all its human and material resources, in
p.001991: the terms indicated by the law that organizes it.
p.001991: Transitory article 28. While the law issuing to the judicial authorities the knowledge of the
p.001991: punishable acts currently punishable by arrest by police authorities, these will continue
p.001991: Knowing about them.
p.001991: Transitional Article 29. For the application at any time of the rules prohibiting the re-election of
p.001991: Judges of the Constitutional Court, of the Supreme Court of Justice and of the Council of State, only
p.001991: will take into account the elections that occur after the promulgation of this reform.
p.001991: Transitional article 30. Authorize the national government to grant pardons or amnesties for political crimes
p.001991: and related, committed prior to the promulgation of this Constituent Act, to members of
p.001991: guerrilla groups that rejoin civil life in terms of the reconciliation policy. For
p.001991: For this purpose, the national government shall issue the corresponding regulations. This benefit may not
p.001991: extend to heinous crimes or killings committed out of combat or taking advantage of the state of defenselessness of
p.001991: the victim.
p.001991: CHAPTER 4
p.001991: Transitional article 31. One month after the installation of the Congress elected on October 27, 1991,
p.001991: the State Council shall elect the members of the National Electoral Council in proportion to the representation that
p.001991: reach political parties and movements in the Congress of the Republic.
p.001991: Said Council shall remain in the exercise of its
p.001991: functions until September 1, 1994.
p.001991: Transitory article 32. While the National Electoral Council is integrated in the terms
p.001991: established by the Constitution, the current composition of this body will be expanded with four members
p.001991: appointed by the State Council, from lists submitted by parties and movements that are not found
p.001991: represented therein, in the proportion of the results of the elections held on December 9,
p.001991: 1990, granting two to the majority list and one to each of the unrepresented lists that followed in votes.
p.001991: Such appointments must be made before July 15, 1991.
p.001991: Transitory dispositions
p.001991: (Articles 28-32)
p.001991: POLITICAL CONSTITUTION COLOMBIA 111
p.001991: Transitory article 33. The period of the current National Registrar of Civil Status ends on September 30,
p.001994: 1994
p.001994: The period of the National Registrar of the Civil Status referred to in this Constitution will start counting from
p.001994: from October 1, 1994.
p.001994: Transitory article 34. The President of the Republic, within a term not exceeding eight business days counted from
p.001994: from the promulgation of this Constitution, it will designate, for a period of three years, a citizen who will have the
p.001994: function to prevent ex officio, or at the request of a party, the use of resources originally from the treasury
p.001994: public, or from abroad, in the electoral campaigns that are carried out in the indicated term, except
p.001994: the financing of the electoral campaigns according
p.001994: to the Constitution or the law. For this purpose, you will have the right to request and obtain the collaboration of the Attorney General's Office.
p.001994: General of the Nation, of the Comptroller General of the Republic, of all public entities that exercise
p.001994: attributions of control and surveillance and of the bodies that exercise judicial police functions.
p.001994: The President of the Republic will regulate this rule and will give the designated citizen all the support
p.001994: administrative and financial that is indispensable.
p.001994: Transitory article 35. The National Electoral Council will automatically recognize legal personality to the
p.001994: political parties and movements represented in the National Constituent Assembly upon request.
p.001994: CHAPTER 5
p.001994: Transitory article 36. The current Comptroller General of the Republic and Attorney General of the Nation
p.001994: they will continue in the exercise of their positions, until the Congress elected for the constitutional period of
p.001994: 1994-1998, make the new election, which you must make within
p.001994: of the first thirty days following its installation.
p.001994: Transitory article 37. The first Ombudsman will be elected by the Attorney General of the Nation, from terna
p.001994: sent by the President of the Republic, within a period not exceeding thirty days.
p.001994: CHAPTER 6
p.001994: Transitional Article 38. The Government will organize and integrate, within six months, a Commission of
p.001994: Territorial Planning, in charge of carrying out the studies and formulating before the competent authorities the
p.001994: recommendations that consider the case to accommodate the territorial division of the country to the provisions of the
p.001994: Constitution. The Commission will fulfill its functions for a period of three years, but the law may give
p.001994: permanent character In this case, the same law will determine the periodicity with which it will present its proposals.
p.001994: Transitional article 39. Check the President of the Republic for precise extraordinary powers, by a
p.001994: three month term, for
p.001994: issue decrees with the force of law by which proper organization and functioning are ensured
p.001994: of the new departments erected as such in the Constitution.
p.001994: In exercise of these powers, the Government may abolish the national institutions responsible for
p.001994: the administration of the old authorities and police stations and assign territorial entities the
p.001994: national goods that in the Government's opinion should belong to them.
p.001994: Transitory article 40. Creations of municipalities made by the Departmental Assemblies are valid
p.001994: before December 31, 1990.
p.001994: Transitory dispositions
p.001994: (Articles 33-40)
p.001994: 112 COLOMBIA POLITICAL CONSTITUTION
p.001994: Transitory article 41. If during the two years following the date of promulgation of this Constitution, the
p.001994: Congress does not dictate the law referred to in articles 322, 323 and 324, on special regime for the District
p.001994: Capital of Santa Fe de Bogotá, the Government, for one time will issue the corresponding regulations.
p.001994: Transitory article 42. While the Congress issues the laws referred to in article 310 of the Constitution, the
p.001994: Government will adopt by decree, the necessary regulations to control the population density of the
p.001994: San Andres, Providencia and Santa Catalina Archipelago department, in pursuit of the purposes expressed therein
p.001994: Article.
p.001994: CHAPTER 7
p.001994: Transitory article 43. To finance the operation of the new institutions and attend to the
p.001994: obligations derived from the constitutional reform that have not been compensated for decreased expenses or
p.001994: transfers of responsibilities, the Congress may, for once, provide tax adjustments whose product is
p.001994: I destined exclusively to the nation.
p.001994: If within 18 months of the installation of the Congress, it has not made such adjustments
p.001994: tax and it is clear that the efforts of the administration to make collection more efficient and to reduce the
p.001994: public spending at the national level has not been sufficient to cover the new expenses, the national government may, by
p.001994: only once, by decree with force of law make such adjustments.
p.001994: Transitory article 44. The fiscal position for the year of 1992 shall not be less than that of 1991 in constant pesos.
p.001994: Transitory article 45. Districts and municipalities shall receive at least during the fiscal term of
p.001994: 1992, the shares in the VAT value added tax established in Law 12 of 1986. As of 1993
...

p.001994: Transitional Article 46. The national Government will put into operation, for a period of five years, a fund
p.001994: of solidarity and social emergency, attached to the Presidency of the Republic. This fund will finance projects
p.001994: of support to the most vulnerable sectors of the Colombian population.
p.001994: The fund must also seek national and international cooperation resources.
p.001994: Transitional article 47. The law will organize a social security plan for areas affected by acute violence
p.001994: emergency, which will cover a period of three years.
p.001994: Transitory article 48. Within three months after the installation of the Congress of the Republic, the Government
p.001994: present the bills relating to the legal regime of public services; to fixing
p.001994: general competences and criteria that will govern the provision of domiciliary public services, as well as their
p.001994: financing and rate system; to the participation regime of the representatives of the municipalities served
p.001994: and of the users in the management and control of the state companies that provide the services, as well as the
p.001994: relating to the protection, duties and rights of those and the indication of the general policies of
p.001994: administration and efficiency control of home public services.
p.001994: If at the end of the following two legislatures the corresponding laws are not issued, the
p.001994: Transitory dispositions
p.001994: (Articles 41-48)
p.001994: POLITICAL CONSTITUTION COLOMBIA 113
p.001994: President of the Republic will put the projects into force through decrees with force of law.
p.001994: Transitional Article 49. In the first legislature after the entry into force of this Constitution, the
p.001994: Government will submit to Congress the bills referred to in articles 150 numeral 19 literal d), 189
p.001994: 24 and 335, related to financial, stock market, insurance and any other activities
p.001994: related to the management, use and investment of resources collected from the public.
p.001994: If at the end of the following two ordinary legislatures, the latter does not issue them, the President of the
p.001994: The Republic will put the projects into effect, by means of decrees with force of law.
p.001994: Transitional article 50. While the general norms to which the Government must adhere to for
p.001994: regulate financial, stock market, insurance and any other activity related to management,
p.001994: use and investment of the resources collected from the public, the President of the Republic will exercise, as
p.001994: own constitutional attribution, the intervention in these activities.
p.001994: Transitory article 51. While the corresponding laws are being enacted, the new Board of the Banco de la República
p.001994: which the President shall provisionally appoint within the month following the entry into force of this Constitution,
p.001994: will assume the functions that currently correspond to the
p.001994: Monetary Board, which will comply in accordance with the provisions of the Constitution.
p.001994: The Law will determine the entities to which the development funds administered by the Bank will be transferred,
p.001994: which, meanwhile, will continue to fulfill this function.
p.001994: The Government shall submit to the Congress, the following month of its installation, the bill concerning the exercise of
...

p.001994: Transitory article 52. As of the entry into force of this Constitution, the National Securities Commission
p.001994: It will have the character of Superin- tendency. The national government shall arrange for the adequacy of said
p.001994: institution to its new nature, without prejudice to what the developing Government may have in this regard
p.001994: set forth in transitional article 20.
p.001994: Transitional article 53. The Government will make the administrative decisions and make the transfers
p.001994: that are necessary to ensure the normal functioning of the Constitutional Court.
p.001994: CHAPTER 8
p.001994: Transitory article 54. Adopt, for all constitutional and legal purposes, the results of the Census
p.001994: Population and Housing National carried out on October 15, 1985.
p.001994: Transitory Article 55. Within two years after the entry into force of this Constitution, the
p.001994: Congress will issue, after study by a special commission that the Government will create for this purpose,
p.001994: a law that recognizes black communities that have seen
p.001994: nest occupying wasteland in the rural riverside of the rivers of the Pacific Rim, according to their
p.001994: traditional production practices, the right to collective property over the areas to be demarcated
p.001994: same law
p.001994: In the special commission referred to in the preceding paragraph, elected representatives shall participate in each case.
p.001994: for the communities involved.
p.001994: Property thus recognized shall only be disposed of in the terms indicated by law.
p.001994: Transitory dispositions
p.001994: (Articles 49-55)
p.001994: 114 POLITICAL CONSTITUTION COLOMBIA
p.001994: The same law will establish mechanisms for the protection of cultural identity and the rights of these
p.001994: communities, and for the promotion of their economic and social development.
p.001994: Paragraph 1. The provisions of this article may apply to other areas of the country that have similar
p.001994: conditions, by the same procedure and previous study and favorable concept of the special commission provided here.
p.001994: Paragraph 2. If at the expiration of the term indicated in this article the Congress has not issued the law to the
p.001994: that he refers to, the Government will proceed to do so within the following six months, by means of a rule with force of
p.001994: law.
p.001994: Transitory article 56. While the law referred to in article 329 is issued, the Government may issue the
p.001994: necessary fiscal norms and others related to the operation of indigenous territories and their coordination
p.001994: with the other territorial entities.
p.001994: Transitional article 57. The Government shall form a commission composed of representatives of the Government, the
p.001994: trade unions, economic unions, political and social movements, peasants and workers
p.001994: informals, so that within a period of one hundred and eighty days from the entry into force of this Constitution,
p.001994: develop a proposal that develops social security standards.
p.001994: This proposal will serve as a basis for the Government to prepare the bills that on the subject must
p.001994: submit for consideration by Congress.
p.001994: Transitory article 58. Authorize the national government to ratify the treaties or conventions concluded that
p.001994: they would have been approved, at least, by one of the Houses of Congress of the Republic.
p.001994: Transitory Article 59. This Constitution and the other acts promulgated by this Assembly
p.001994: Constituent are not subject to any jurisdictional control.
p.001994: Transitory article 60. Legislative act 02 of 1993, article 1. Add the following transitional article to the
p.001994: Political Constitution of Colombia: For the purposes of the application of articles 346 and 355
p.001994: Constitutional and concordant norms, the National Development Plan for the years 1993 and 1994 and until when between
p.001994: in effect that approved by the Congress of the Republic, under the terms and conditions established in the current
p.001994: Political Constitution will be the one that corresponds to the annual laws of the Budget of Income and Appropriations of
p.001994: the nation. The respective bill presented by the Government will develop the programs, projects and plans
p.001994: approved by the National Council of Economic and Social Policy (Conpes).
p.001994: In the case of Departmental, District and Municipal Development Plans, the approved ones will be considered
p.001994: by the respective Territorial Public Corporation.
p.001994: If you have presented the Draft Development Plan by the respective Head of Administration of the territorial entity,
p.001994: it will not be issued by the Public Corporation before the expiration of the following period of ordinary sessions to the
p.001994: validity of this Legislative Act, that by decree will impart its legal validity. Said Plan will govern
p.001994: for the term established by law.
p.001994: Transitory article 61. The Special Commission created by the transitory article 38 will also meet between the
p.001994: November 1 and 30, 1991, date on which he will cease his duties.
p.001994: Transitory Article Legislative Act 02 of 2002, article 7. The Political Constitution will have an article
p.001994: Transitory of the following tenor: All mayors and governors who begin their periods between the validity of the
p.001994: This Legislative Act and on December 31, 2003, shall perform their functions for a period equivalent to the
p.001994: half of the time it takes to reach December 31, 2007. Your successors will be chosen to
p.001994: a period that will end on December 31 of 2007.
p.001994: Transitory dispositions
p.001994: (Articles 56-61)
p.001994: COLOMBIA POLITICAL CONSTITUTION 115
p.001994: All governors and mayors elected after October 29, 2000 and before the effective date of
p.001994: This legislative act shall exercise its functions for a period of three years. Your successors will be chosen for a
p.001994: period ending December 31, 2007.
p.001994: In any case, on the last Sunday of the month of October 2007, mayors and governors will be elected for all
p.001994: the municipalities, districts and departments of the country, for four-year institutional periods, which are
p.001994: will begin on January 1 of the year 2008.
p.001994: The four-year term of the members of the Departmental Assemblies, District and Municipal Councils and
p.001994: Ediles will begin on January 1, 2004.
p.001994: Transitory Article Legislative Act 03 of 2002, article 4. Make a commission integrated by the Minister
p.001994: of Justice and Law, the Attorney General of the Nation, who will preside over it, the Attorney General of the Nation, the
p.001994: President of the Criminal Chamber of the Supreme Court of Justice, the Ombudsman, the President of the Council
p.001994: Superior of the Judiciary, or the delegates they designate, three House Representatives and three Senators
p.001994: of the First Committees, and three members of the Academy appointed by common accord by the Government and the
p.001994: Prosecutor General, so that, through the latter, present for the consideration of the Congress of the Republic to more
p.001994: By July 20, 2003, the relevant bills to adopt the new system and then the
p.001994: monitoring of the gradual implementation of the system.
p.001994: The Congress of the Republic will have until June 20, 2004 to issue the corresponding laws. If I do not
p.001994: do within this period, the President of the Republic of extraordinary powers, for the term of
p.001994: two months to deliver the necessary legal norms to the new system. For this purpose, it may issue, modify or
p.001994: add the corresponding regulatory bodies included in the statutory law of the administration
p.001994: of justice, the statutory law of habeas corpus, the Criminal, Criminal and Penal Procedure Codes and the
p.001994: Organic Statute of the Prosecutor.
p.001994: In order to achieve the transition to the accusatory system provided for in this Legislation Act, the law
p.001994: will take the forecasts to guarantee the presence of the public servants necessary for the adequate
p.001994: operation of the new one in particular, the transfer of charges between the General Prosecutor's Office of the Nation, the Branch
p.001994: Judicial, the Ombudsman's Office, and the agencies that perform judicial police functions. Government
p.001994: national will guarantee resources for the gradual implementation of the accusatory system and for consolidation
p.001994: of a National Public Defender System.
p.001994: Transitory Article Legislative Act 01 of 2009, article 14. The Political Constitution will have a new article
p.001994: transitory, like this:
p.001994: New article. Within the year following the entry into force of this constitutional reform, the
p.001994: Congress will issue, after study by a special commission that the Government will create for this purpose,
p.001994: a law that contemplates a “Special Regime in economic, political, social and administrative matters, to
p.001994: territories that comprise the ecoregions of the Sierra Nevada de Santa Marta, the Ciénaga de Zapatosa, the Serranía
p.001994: of the Perijá, the Eastern Plains, Amazonia, Catatumbo Region, Orinoquia, Chocó Biogeográfico, the Montes de
p.001994: María, la Mojana, and the political peoples of Magdalena and the Pacific, with the aim of reducing imbalances
p.001994: that in front of their development they exist with the rest of the country ”.
p.001994: Transitory Article Legislative Act 02 of 2011, article 3. The Political Constitution of Colombia will have
p.001994: a transitory article of the following tenor: Within six months following the entry into force of the
p.001994: present legislative act, the Congress will issue the rules by which the distribution of
p.001994: competencies among the State entities that will be in charge of the formulation of plans, regulation,
p.001994: direction, management and control of television services.
p.001994: Transitory dispositions
p.001994: (Article 61)
p.001994: 116 COLOMBIA POLITICAL CONSTITUTION
p.001994: While the corresponding laws are enacted, the National Television Commission will continue to exercise
p.001994: the functions assigned to it by current legislation.
p.001994: Transitory article 66. Legislative Act 01 of 2012, article 1. The Political Constitution will have a new
p.001994: transitional article that will be 66, like this: The instruments of transitional justice will be exceptional and will have as
p.001994: prevalent purpose to facilitate the termination of the internal armed conflict and the achievement of stable and lasting peace, with
p.001994: guarantees of non-repetition and security for all Colombians; and guarantee at the highest possible level,
p.001994: Victims' rights to truth, justice and reparation. A statutory law may authorize that, within the framework
p.001994: of a peace agreement, differentiated treatment is given to the different armed groups outside the law that
p.001994: they have been part of the internal armed conflict and also for the agents of the State, in relation to their
p.001994: participation in it.
p.001994: By means of a statutory law, transitional justice instruments of a judicial nature or
p.001994: extrajudicial that allow to guarantee the state duties of investigation and sanction. In any case it
p.001994: they will apply extrajudicial mechanisms to clarify the truth and repair the
p.001994: victims
p.001994: A law must create a Truth Commission and define its object, composition, powers and functions. The mandate
p.001994: of the commission may include the formulation of recommendations for the application of justice instruments
p.001994: transitional, including the application of the selection criteria.
p.001994: Both the prioritization criteria and the selection criteria are inherent in the instruments of justice
...

p.001994: criminal court of all cases not selected. The statutory law will take into account the seriousness and
p.001994: representativeness of the cases to determine the selection criteria.
p.001994: In any case, special criminal treatment through the application of constitutional instruments such as
p.001994: Previous will be subject to the fulfillment of conditions such as the abandonment of weapons, recognition
p.001994: of responsibility, the contribution to the clarification of the truth and the integral reparation of the victims, the
p.001994: release of the hostages, and the untying of the unlawfully recruited minors who are
p.001994: train held by armed groups outside the law.
p.001994: Paragraph 1. In the cases of the application of transitional justice instruments to armed groups outside
p.001994: of the law that has participated in the hostilities, this will be limited to those who demobilize
p.001994: collectively within the framework of a peace agreement or to those who demobilize individually
p.001994: compliance with established procedures and with the authorization of the national Government.
p.001994: Paragraph 2. In no case may transitional justice instruments be applied to armed groups to the
p.001994: margin of law that has not been a party to the internal armed conflict, nor to any member of a group
p.001994: armed that once demobilized continue to commit crime.
p.001994: Transitory dispositions
p.001994: (Article 66)
p.001994: POLITICAL CONSTITUTION COLOMBIA 117
p.001994: Transitory article 67. Legislative Act 01 of 2012, article 3. The Political Constitution will have a new article
p.001994: transitory that will be 67, like this: A statutory law will regulate what the crimes considered related to the crime will be
p.001994: politician for purposes of the possibility of participating in politics. They cannot be considered related to crime
p.001994: political crimes that acquire the connotation of crimes against humanity and genocide committed in a manner
p.001994: systematically, and therefore those who have been convicted and cannot be elected to politics or elected
p.001994: Selected for these crimes.
p.001994: Legislative Act 01 of 2012, article 2. Transient. Once the national government presents to the Congress of the
p.001994: Republic the first bill authorizing the application of criminal instruments established in
p.001994: In paragraph 4 of article 1 of this legislative act, Congress will have four (4) years to deliver all
p.001994: the laws that regulate this matter.
p.001994: Legislative Act 2 of 2015, article 18. Transitional. The national government must present before
p.001994: October 1, 2015 a statutory bill to regulate the functioning of the organs
p.001994: of government and judicial administration.
p.001994: The following provisions shall apply until such statutory law enters into force:
p.001994: 1. The organs of government and judicial administration shall be formed as follows:
p.001994: a) The members of the Judicial Government Council must be appointed or elected within two months
p.001994: counted from the entry into force of this Legislative Act. The elections of the representative of the
p.001994: court magistrates and the judges and the representative of the judicial employees will be held by vote
p.001994: direct from their peers in the Judicial Branch.
p.001994: The elections will be organized by the Interinstitutional Commission of the Judicial Branch.
p.001994: b) The permanent and exclusive members of the Judicial Government Council must-
p.001994: shall be elected within two months after the election or appointment of the other members
p.001994: of the first Judicial Government Council.
p.001994: For the first formation of the Judicial Government Council, one of the three permanent members and
p.001994: Exclusive dedication will be chosen for a period of two years, and another will be chosen for a period of three years.
p.001994: c) For the first Judicial Government Council, its members, excluding the Manager of the Judicial Branch,
p.001994: they will have a term of two months from their election, to elect the Manager of the Judicial Branch.
p.001994: d) The Executive Directorate of Judicial Administration will hereinafter be called Management of the Judicial Branch and
p.001994: all the dependencies of that will be part of it. All units attached to the Chamber
p.001994: Administrative of the Superior Council of the Judiciary will become part of the Management of the Judicial Branch,
p.001994: without prejudice to the provisions of the law or the Judicial Government Council.
p.001994: e) The Interinstitutional Commission of the Judicial Branch and the Administrative Chamber of the Superior Council of the
p.001994: Judiciary, they will continue to exercise their functions until the Judicial Government Council is integrated and is
p.001994: elected the Manager of the Judicial Branch.
p.001994: These bodies must hold an accountability for the exercise of their functions contemplated in the law.
p.001994: within two months after the entry into force of this Legislative Act.
p.001994: f) The Administrative Chambers of the Sectional Councils of the Judiciary and the Executive Directorates
p.001994: Judicial Administration Sectionals will continue to exercise their functions until the law is issued
p.001994: Statutory They will also exercise the function provided for in article 85, numeral 18, of Law 270 of 1996.
p.001994: Transitory dispositions
p.001994: (Article 67)
p.001994: 118 COLOMBIA POLITICAL CONSTITUTION
p.001994: g) The career rights of magistrates and employees shall be guaranteed without continuity solution
p.001994: of the Administrative Chambers of the Sectional Councils of the Judiciary, through the incorporation,
p.001994: transformation or bonding in positions of judicial corporations or any other of equal or superior
p.001994: category, as defined by statutory law.
p.001994: The career rights of the employees of the Superior Council of the Judiciary are also guaranteed.
p.001994: h) The merits contests currently carried out by the Judicial Career Unit will continue their process by
p.001994: of the Management of the Judicial Branch without continuity solution.
p.001994: 2. While the statutory law is issued, the Judicial Government Council shall exercise the functions provided in
p.001994: Article 79, numerals 1, 2, 4, 5, 6 and 7; Article 85, numerals 5, 6, 9, 10, 13, 19, 22, 25, 27 and 29; article 88,
p.001994: numerals 2 and 4; and article 97, numerals 1 and 2 of Law 270 of 1996. It will also provisionally regulate the
p.001994: Public call processes to be carried out by the Management of the Judicial Branch.
p.001994: 3. While the statutory law is issued, the Judicial Branch Management shall exercise the functions provided in
p.001994: Article 79, numeral 3; Article 85, numerals 1, 3, 4, 8, 11, 12, 14, 15, 16, 17, 20, 21, 24 and 28; article 88,
p.001994: numeral 1; Article 99, numbers 1 to 9; and shall be the appointing authority for the charges provided for in article 131,
p.001994: numeral 9 of Law 270 of 1996. The functions provided for in article 85, numerals 8 and 11, shall be exercised under the
p.001994: Supervision of the Career Commission.
p.001994: 4. The Judicial School “Rodrigo Lara Bonilla” will exercise, in addition to the functions already assigned to
p.001994: she, the one foreseen in article 85, numeral 23, of Law 270 of 1996.
p.001994: 5. The High Courts and the Courts will continue to exercise the function of nominating authority provided for in the
p.001994: Article 131, numerals 5 and 7 of Law 270 of 1996. In the exercise of this function they must always respect the
p.001994: eligible lists.
p.001994: 6. The appointing authority for the Judicial Disciplinary Section Commissions
p.001994: it will be the National Judicial Discipline Commission. The nominating authority for Chambers Ad-
p.001994: Ministers of the Sectional Councils of the Judiciary, while they remain, will be the Governing Council
p.001994: Judicial.
p.001994: 7. The nominating authorities provided for in article 131, numerals 1, 2, 3, 4 and 8 of Law 270 of 1996 will continue
p.001994: exercising this function.
p.001994: Numerals 3, 4, 5 and 7 of article 97 and numeral 6 of article 131 of Law 270 of 1996 are repealed.
p.001994: CONSTANCY
p.001994: The undersigned as Secretary of the National Constituent Assembly during the regulatory period leaves
p.001994: proof signed by the Political Constitution of Colombia of 1991 in that character, after having
p.001994: reviewed the final text and found that it corresponds essentially to the article approved in second
p.001994: debate by the aforementioned corporation in its sessions on June 28, 29 and 30 and July 1, 2, and 3,
p.001994: 1991. That only scope has its endorsement by doing so on the date.
p.001994: Bogotá, D. E., July 6, 1991
p.001994: JACOBO PÉREZ ESCOBAR,
p.001994: Secretary General, National Assembly Assembly (1991)
p.001994: Transitory dispositions
p.001994: (Articles 67)
p.001994: COLOMBIA POLITICAL CONSTITUTION 119
p.001994: LIST OF THE HONORABLE CONSTITUENTS
p.001994: INSTALLATION SESSION OF TUESDAY, FEBRUARY 5, 1991
p.001994: 1. Abella Esquivel Aída Yolanda
p.001994: 2. Abello Roca Carlos Daniel
p.001994: 3. Arias López Jaime
p.001994: 4. Benítez Tobón Jaime
p.001994: 5. Cala Hederich Álvaro Federico
p.001994: 6. Espinosa Fabio-Lince Eduardo
p.001994: 7. Carranza Coronado María Mercedes
p.001994: 8. Carrillo Flórez Fernando
p.001994: 9. Castro Jaime
p.001994: 10. Romero Tulio Enrique Caves
p.001994: 11. Echeverry Uruburo Álvaro
p.001994: 12. Emiliani Román Raimundo
p.001994: 13. Esguerra Portocarrero Juan Carlos
p.001994: 14. Fals Borda Orlando Enrique
p.001994: 15. Fernández Renowitzky Juan B.
p.001994: 16. Galán Sarmiento Antonio
p.001994: 17. Garcés Lloreda María Teresa
p.001994: 18. Garzón Angelino
p.001994: 19. Giraldo Ángel Carlos Fernando
p.001994: 20. Gómez Hurtado Álvaro
p.001994: 21. Gómez Martínez Juan
p.001994: 22. Guerrero Figueroa Guillermo
p.001994: 23. Herrán de Montoya Helena
p.001994: 24. Herrera Vergara Hernando
p.001994: 25. Holguin Armando
p.001994: 26. Naranjo Oscar holes
p.001994: 27. Lemos Simmonds Carlos
p.001994: 28. Leyva Durán Álvaro
p.001994: 29. Londoño Jiménez Hernando
p.001994: 30. Lleras de la Fuente Carlos
p.001994: 31. Lloreda Caicedo Rodrigo
p.001994: 32. Marulanda Gómez Iván
p.001994: 33. Mejía Borda Arturo
p.001994: 34. Molina Giraldo Rafael Ignacio
p.001994: 35. Molars Hurtado Lorenzo
p.001994: 36. Navarro Wolff Antonio José
p.001994: 37. Nieto Roa Luis Guillermo
p.001994: 38. Ortiz Hurtado Jaime
p.001994: 39. Ospina Hernández Mariano
p.001994: 40. Ossa Escobar Carlos
p.001994: 41. Pabón Rosemberg Pabón
p.001994: 42. Rudas Alfonso Palace
p.001994: 43. Pastrana Borrero Misael
p.001994: 44. Patty Hormaza Otty
p.001994: 45. Pérez González-Rubio Jesús
p.001994: 46. ​​Perry Rubio Guillermo
p.001994: 47. Pineda Salazar Héctor
p.001994: 48. Alcid Guillermo squares
p.001994: 49. Ramírez Cardona Augusto
p.001994: 50. Ramírez Ocampo Augusto
p.001994: 51. Reyes Reyes Cornelio
p.001994: 52. Rolled Noriega Carlos
p.001994: 53. Rodríguez Céspedes Abel
p.001994: 54. Rojas Birry Francisco
p.001994: 55. Rojas Niño Germán
p.001994: 56. Salgado Vásquez Julio Simón
p.001994: 57. Santamaría Dávila Miguel
p.001994: 58. Serpa Uribe Horacio
p.001994: 59. Toro Zuluaga José Germán
p.001994: 60. Trujillo García Carlos Holmes
p.001994: 61. Uribe Vargas Diego
p.001994: 62. Vázquez Carrizosa Alfredo
p.001994: 63. Velasco Guerrero José María
p.001994: 64. Summer of the Rosa Eduardo I.
p.001994: 65. Villa Rodríguez Fabio de Jesús
p.001994: 66. Yepes Arcila Hernando
p.001994: 67. Yepes Parra Miguel Antonio
p.001994: 68. Zafra Roldán Gustavo
p.001994: 69. Zalamea Costa Alberto
p.001994: 70. Maturana García Francisco Antonio (absent)
p.000120: 120
p.000120: Delegates with voice:
p.000120: 71. Fajardo Jaime, EPL
p.000120: 72. González Valentín, EPL
p.000120: 73. Mejía Darío, PRT
p.000120: 74. Peña Alfonso
p.000120: COLOMBIA POLITICAL CONSTITUTION
p.000120: COMMISSIONS OF THE CONSTITUENT NATIONAL ASSEMBLY
p.000120: COMMISSION I
p.000120: Principles, rights, duties, guarantees and fundamental freedoms, protection mechanisms and institutions
p.000120: Democratic participation
p.000120: Electoral system. Political parties, statute of the opposition
p.000120: Constitutional Reform Mechanisms
p.000120: Abella Esquivel Aída Yolanda Ortiz Hurtado Jaime (President)
p.000120: Arias López Jaime Patiño Hormaza Otty
p.000120: Carranza Coronado María M. Ramírez Ocampo Augusto
p.000120: Chalita Marcos Rojas Birry Francisco (Vice President)
p.000120: Emiliani Román Raimundo Serpa Uribe Horacio
p.000120: Esguerra Portocarrero Juan C. Toro Zuluaga José G.
p.000120: Leyva Durán Álvaro Uribe Vargas Diego Llorente Martínez Rodrigo
p.000120: COMMISSION II
p.000120: Territorial planning of the State Regional and local autonomy
p.000120: Castro Castro Jaime Pineda Salazar Héctor
p.000120: Espinosa Facio-Lince Eduardo Ramírez Cardona Augusto
p.000120: Fals Borda Orlando Reyes Reyes Cornelio
p.000120: Fernández Renowitzky Juan B. Trujillo García Carlos H.
p.000120: Giraldo Ángel Carlos Fernando Summer of the Rosa Eduardo
p.000120: Gómez Martínez Juan (President) Zafra Roldán Gustavo Muelas Hurtado Lorenzo
p.000120: (Vice President) Pineda Salazar Héctor
p.000120: POLITICAL CONSTITUTION COLOMBIA 121
p.000120: COMMISSION III
p.000120: Government and Public Force Congress
p.000120: Site status regime International relations
p.000120: Echeverry Uruburu Álvaro Pabón Pabón Rosemberg
p.000120: Galán Sarmiento Antonio Palacio Rudas Alfonso
p.000120: Herrera Vergara Hernando Plazas Acid Guillermo
p.000120: You carry the Carlos Rodríguez Céspedes Abel Fountain
p.000120: Mejía Borda Arturo Santamaría Dávila Miguel
p.000120: Navarro Wolff Antonio Vázquez Carrizosa Alfredo (President)
p.000120: Grandson Rosa Luis Guillermo Villa Rodríguez Fabio de Jesús Ortiz
p.000120: Sarmiento José Matías (Vice President, with voice) Yepes Arcila Hernando
p.000120: COMMITTEE IV
p.000120: Administration of Justice and Public Ministry
p.000120: Abello Roca Carlos Daniel Holguín Sarria Armando Carrillo Flórez Fernando
p.000120: (President) Londoño Jiménez Hernando Fajardo Landaeta Jaime (Vice President)
p.000120: Salgado Vásquez Julio S. Garcés Lloreda María T. Velasco Guerrero José M.
p.000120: Gómez Hurtado Álvaro
p.000120: COMMISSION V
p.000120: Economic, social and ecological issues
p.000120: Benítez Tobón Jaime (Vice President) Marulanda Gómez Iván
p.000120: Cala Hederich Álvaro Molina Giraldo Rafael Ignacio
p.000120: Romero Tulio Ospina Hernández Mariano Caves
p.000120: Garzón Angelino Ossa Escobar Carlos
p.000120: Guerrero Figueroa Guillermo Pérez González-Rubio Jesús
p.000120: Herrán de Montoya Helena Perry Rubio Guillermo
p.000120: Holes Naranjo Óscar Rodado Noriega Carlos
p.000120: Lemos Simmonds Carlos Rojas Child Germán
p.000120: Lloreda Caicedo Rodrigo (President) Yepes Parra Antonio
p.000120: www.imprenta.gov.co PBX (0571) 457 80 00
...

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p.000040: Political Constitution and other provisions are dictated.
p.000040: By which articles 116, 152 and 221 of the Political Constitution of Colombia are reformed.
p.000040: Note: Declared Unavailable
p.000040: By which article 176 of the Political Constitution is modified, to strengthen representation in Congress
p.000040: of the Republic of Colombians residing abroad.
p.000040: By which article 221 of the Political Constitution of Colombia is reformed.
p.000040: Through which a reform of balance of powers and institutional readjustment is adopted and others are issued
p.000040: dispositions
p.000040: Republic of Colombia Constitutional Court Current judges
p.002015: 2015
p.002015: President (e) María Victoria Calle Correa Vice President (e) Luis Guillermo Guerrero Pérez
p.002015: Judge Mauricio González Cuervo
p.002015: Judge Gabriel Eduardo Mendoza Martelo
p.002015: Judge Gloria Stella Ortiz Delgado
p.002015: Judge Jorge Iván Palacio Palacio
p.002015: Judge Jorge Ignacio Pretelt Chaljub
p.002015: Judge Alberto Rojas Ríos
p.002015: Judge Luis Ernesto Vargas Silva
p.002015: COLOMBIA POLITICAL CONSTITUTION 13
p.002015: PREAMBLE
p.002015: THE PEOPLE OF COLOMBIA,
p.002015: in exercise of his sovereign power, represented by his delegates to the National Assembly
p.002015: Constituent, invoking the protection of God, and in order to strengthen the unity of the nation and ensure
p.002015: to its members life, coexistence, work, justice, equality, knowledge,
p.002015: freedom and peace, within a legal, democratic and participatory framework that guarantees a political order,
p.002015: economic and social fair, and committed to promoting the integration of the Latin American community, decrees, sanctions
p.002015: and promulgates the following:
p.002015: Political Constitution of Colombia
p.002015: TITLE I
p.002015: OF THE FUNDAMENTAL PRINCIPLES
p.002015: Article 1 Colombia is a social state of law, organized in the form of a unitary Republic,
p.002015: decentralized, with autonomy of its territorial, democratic, participatory and pluralistic entities, founded
p.002015: in respect for human dignity, in the work and solidarity of the people who integrate it and in the
p.002015: prevalence of general interest.
p.002015: Article 2 The essential purposes of the State are: to serve the community, promote general prosperity and guarantee
p.002015: the effectiveness of the principles, rights and duties enshrined in the Constitution; facilitate the
p.002015: participation of all in the decisions that affect them and in economic, political, administrative and
p.002015: cultural of the nation; defend national independence, maintain territorial integrity and ensure coexistence
p.002015: peaceful and the validity of a fair order.
p.002015: The authorities of the Republic are instituted to protect all persons residing in Colombia, in their
p.002015: life, honor, assets, beliefs, and other rights and freedoms, and to ensure the fulfillment of duties
p.002015: State social and private.
p.002015: Article 3 Sovereignty resides exclusively in the people, from which public power emanates. The people the
p.002015: exercises directly or through its representatives, in the terms established by the Constitution.
p.002015: Article 4 The Constitution is a norm of norms. In any case of incompatibility between the Constitution and the law
p.002015: or other legal norm, the constitutional provisions will apply.
p.002015: It is the duty of nationals and foreigners in Colombia to abide by the Constitution and laws, and respect and
p.002015: obey the authorities.
p.002015: Of the Fundamental Principles
p.002015: (Articles 1-4)
p.002015: 14 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 5 The State recognizes, without discrimination, the primacy of the inalienable rights of the person
p.002015: and protects the family as a basic institution of society.
p.002015: Article 6 Individuals are only liable to the authorities for violating the Constitution and laws.
p.002015: Public servants are for the same cause and for omission or overreach in the exercise of their functions.
p.002015: Article 7 The State recognizes and protects the ethnic and cultural diversity of the Colombian nation.
p.002015: Article 8 It is the obligation of the State and of the people to protect the cultural and natural wealth of the nation.
p.002015: Article 9 The external relations of the State are based on national sovereignty, respecting the
p.002015: self-determination of peoples and in the recognition of the principles of international law accepted by
p.002015: Colombia.
p.002015: Similarly, Colombia's foreign policy will be oriented towards Latin American and Caribbean integration.
p.002015: Article 10. Spanish is the official language of Colombia. The languages ​​and dialects of ethnic groups are
p.002015: also officers in their territories. Teaching taught in communities with linguistic traditions
p.002015: Own will be bilingual.
p.002015: Of the Fundamental Principles
p.002015: (Articles 5-10)
p.002015: COLOMBIA POLITICAL CONSTITUTION 15
p.002015: TITLE II
p.002015: OF RIGHTS, GUARANTEES AND DUTIES
p.002015: CHAPTER 1
p.002015: OF FUNDAMENTAL RIGHTS
p.002015: Article 11. The right to life is inviolable. There will be no death penalty.
p.002015: Article 12. No one shall be subjected to enforced disappearance, torture or cruel, inhuman or cruel treatment or punishment.
p.002015: degrading
p.002015: Article 13. All persons are born free and equal before the law, they will receive the same protection and treatment from
p.002015: authorities and will enjoy the same rights, freedoms and opportunities without discrimination for reasons
...

p.002015: of 2003, from the entry into force of this last decree, to the members of the custody body
p.002015: and the national prison and prison supervision will apply the high risk regime contemplated in the
p.002015: same. Those who entered prior to that date will apply the regime until then in force for
p.002015: these people because of the risks of their work, this is the one provided for the purpose by Law 32 of 1986, to
p.002015: which must have covered the corresponding quotes.
p.002015: Transitional Paragraph 6. Excepted from the provisions of subsection 8 of this article, those
p.002015: people who receive a pension equal to or less than three (3) current monthly legal minimum wages, if the same
p.002015: It is caused before July 31, 2011, who will receive fourteen (14) pensions per year.
p.002015: Article 49. Legislative Act No. 02 of 2009, article 1. Article 49 of the Political Constitution will read as follows:
p.002015: Health care and environmental sanitation are public services provided by the State. It is guaranteed to
p.002015: All people have access to health promotion, protection and recovery services.
p.002015: It is up to the State to organize, direct and regulate the provision of health services to the inhabitants and of
p.002015: environmental sanitation in accordance with the principles of efficiency, universality and solidarity. Also, set the
p.002015: policies for the provision of health services by private entities, and to exercise their vigilance and control.
p.002015: Also, establish the powers of the nation, territorial entities
p.002015: and individuals and determine the contributions to their position in the terms and conditions indicated in the law.
p.002015: Health services will be organized in a decentralized manner, by levels of care and with participation of the
p.002015: community.
p.002015: The law will indicate the terms in which basic care for all inhabitants will be free and
p.002015: mandatory.
p.002015: Everyone has a duty to ensure the integral care of their health and their community.
p.002015: The transport and consumption of narcotic or psychotropic substances are prohibited, except when prescribed.
p.002015: medical For preventive and rehabilitative purposes the law will establish administrative measures and treatments of
p.002015: pedagogical, prophylactic or therapeutic order for people who consume these substances. The submission to
p.002015: These measures and treatments require the informed consent of the addict.
p.002015: Likewise, the State will devote special attention to the dependent or addicted patient and his family to strengthen it in
p.002015: values ​​and principles that contribute to prevent behaviors that affect the comprehensive health care of
p.002015: people and, consequently, of the community, and will permanently develop prevention campaigns
p.002015: against the use of drugs or narcotic substances and in favor of the recovery of addicts.
p.002015: Article 50. Every child under one year of age who is not covered by some type of protection or social security will have
...

p.002015: needs of war, or to allocate its products to it.
p.002015: The State will always be responsible for the expropriations that the Government makes on its own or through its agents.
p.002015: Article 60. The State shall promote, in accordance with the law, access to property.
p.002015: When the State disposes of its participation in a company, it will take the measures conducive to democratizing the
p.002015: ownership of its shares, and will offer its workers, solidarity and workers' organizations,
p.002015: special conditions to access said shareholding property. The law will regulate the matter.
p.002015: Article 61. The State shall protect the intellectual property for the time and through the formalities established by the
p.002015: law.
p.002015: Article 62. The destination of interim or testamentary donations, made in accordance with the law for purposes of interest
p.002015: social, it cannot be varied or modified by the legislator, unless the object of the donation disappears. In this
p.002015: In this case, the law will assign the respective assets to a similar purpose.
p.002015: The Government will control the management and investment
p.002015: of such donations.
p.002015: Article 63. Public use goods, natural parks, communal lands of ethnic groups,
p.002015: the lands of protection, the archaeological heritage of the nation and the other goods determined by law, are
p.002015: inalienable, imprescriptible and unattachable.
p.002015: Article 64. It is the duty of the State to promote progressive access to the ownership of workers' land.
p.002015: agrarian, individually or associatively, and to education, health, housing, social security services,
p.002015: recreation, credit, communications, product marketing, technical and business assistance, in order
p.002015: to improve the income and quality of life of the peasants.
p.002015: Article 65. Food production shall enjoy the special protection of the State. For this purpose, it will be granted
p.002015: priority to the integral development of agricultural, livestock, fishing, forestry and
p.002015: agroindustrial, as well as the construction of physical infrastructure and land adaptation works.
p.002015: Similarly, the State will promote research and technology transfer for the production of
p.002015: food and raw materials of agricultural origin, with the purpose of increasing productivity.
p.002015: Article 66. The provisions made in credit matters may regulate the special conditions of the
p.002015: agricultural credit, taking into account crop and price cycles, as well as risks
p.002015: inherent in the activity and environmental calamities.
p.002015: Article 67. Education is a right of the person and a public service that has a function
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 59-67)
p.002015: 24 COLOMBIA POLITICAL CONSTITUTION
p.002015: Social; with it the access to knowledge, science, technology, and other goods and values ​​of the
p.002015: culture.
p.002015: Education will train the Colombian in respect for human rights, peace and democracy; and in the
p.002015: practice of work and recreation, for cultural, scientific, technological and protection improvement
p.002015: of the environment
p.002015: The State, society and family are responsible for education, which will be mandatory between the five and
p.002015: Fifteen years of age and will comprise at least one year of preschool and nine years of basic education.
p.002015: Education will be free in state institutions, without prejudice to the collection of academic rights to
p.002015: who can afford them.
p.002015: It is up to the State to regulate and exercise the highest inspection and supervision of education in order to ensure
p.002015: for its quality, for the fulfillment of its purposes and for the best moral, intellectual and physical education of the students;
p.002015: guarantee adequate coverage of the service and assure minors of the necessary conditions for their access and
p.002015: permanence in the education system.
p.002015: The nation and territorial entities will participate in the management, financing and administration of services
p.002015: State education, in the terms established by the Constitution and the law.
p.002015: Article 68. Individuals may establish educational establishments. The law will establish the conditions for its
p.002015: Creation and management.
p.002015: The educational community will participate in the direction of the educational institutions.
p.002015: The teaching will be in charge of people of recognized ethical and pedagogical suitability. The law guarantees the
p.002015: professionalization and dignification of the teaching activity.
p.002015: Parents will have the right to choose the type of education for their minor children. In the
p.002015: State establishments no person may be required to receive religious education.
p.002015: Members of ethnic groups will have the right to training that respects and develops their identity
p.002015: cultural.
p.002015: The eradication of illiteracy and the education of people with physical or mental limitations, or with abilities
p.002015: Exceptional, are special obligations of the State.
p.002015: Article 69. University autonomy is guaranteed. Universities may give their directives and
p.002015: be governed by its own statutes, in accordance with the law.
p.002015: The law will establish a special regime for state universities.
p.002015: The State will strengthen scientific research in official and private universities and offer
p.002015: special conditions for its development.
p.002015: The State will facilitate financial mechanisms that make it possible for all eligible persons to access education
p.002015: higher.
p.002015: Article 70. The State has the duty to promote and promote access to the culture of all Colombians in
p.002015: equal opportunities, through continuing education and scientific, technical, artistic and
p.002015: professional at all stages of the national identity creation process.
p.002015: Culture in its various manifestations is the foundation of nationality. The State recognizes equality and
p.002015: dignity of all who live in the country. The State will promote research, science,
p.002015: development and dissemination of the cultural values ​​of the nation.
p.002015: Article 71. The search for knowledge and artistic expression are free. The economic development plans and
p.002015: Social will include the promotion of science and, in general, culture. The State will create incentives for people and
p.002015: institutions that develop and promote science and technology and other cultural manifestations and
p.002015: It will offer special incentives to people and institutions that exercise these activities.
p.002015: On Rights, Social, Economic and Cultural (Articles
p.002015: 68-71)
p.002015: COLOMBIA POLITICAL CONSTITUTION 25
p.002015: Article 72. The cultural heritage of the nation is under the protection of the State. The Heritage
p.002015: archaeological and other cultural assets that make up the national identity, belong to the nation and are
p.002015: inalienable, unattachable and imprescriptible. The law will establish the mechanisms to reacquire them when
p.002015: are in the hands of individuals and will regulate the special rights that groups may have
p.002015: ethnic groups settled in territories of archeological wealth.
p.002015: Article 73. Journalistic activity shall enjoy protection to guarantee their freedom and professional independence.
p.002015: Article 74. All persons have the right to access public documents except in cases established by the
p.002015: law.
p.002015: Professional secrecy is inviolable.
p.002015: Article 75. The electromagnetic spectrum is an unmanageable and imprescriptible public good subject to management and
p.002015: State control. Equal opportunities are guaranteed in access to its use under the terms established by law.
p.002015: To guarantee informative pluralism and competence, the State will intervene by mandate of the law to
p.002015: avoid monopolistic practices in the use of the electromagnetic spectrum.
p.002015: Article 76. Legislative Act 02 of 2011, article 1. Repeal article 76 of the Political Constitution of
p.002015: Colombia.
p.002015: Article 77. Legislative Act 02 of 2011, article 2. Article 77 of the Political Constitution of Colombia will remain
p.002015: So:
p.002015: The Congress of the Republic will issue the law that
p.002015: set the television policy.
p.002015: CHAPTER 3
p.002015: OF COLLECTIVE AND ENVIRONMENTAL RIGHTS
p.002015: Article 78. The law shall regulate the quality control of goods and services offered and provided to the
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p.002015: Article 98. Citizenship is in fact lost when nationality has been renounced, and its
p.002015: Exercise may be suspended under judicial decision in cases determined by law.
p.002015: Those who have been suspended in the exercise of citizenship may request their rehabilitation.
p.002015: Paragraph. As long as the law does not decide another age, citizenship will be exercised from the age of eighteen.
p.002015: Article 99. The quality of citizen in exercise is a prerequisite and indispensable condition to exercise the right to
p.002015: suffrage, to be elected and to hold public office that carry annexed authority or jurisdiction.
p.002015: CHAPTER 3
p.002015: OF FOREIGNERS
p.002015: Article 100. Foreigners will enjoy in Colombia the same civil rights granted to
p.002015: Colombians However, the law may, for reasons of public order, subordinate to special conditions or deny
p.002015: the exercise of certain civil rights to foreigners.
p.002015: Likewise, foreigners shall enjoy, in the territory of the Republic, the guarantees granted to
p.002015: nationals, except for the limitations established by the Constitution or the law.
p.002015: Political rights are reserved to nationals, but the law may grant foreigners residing in
p.002015: Colombia the right to vote in elections and popular consultations of municipal or district character.
p.002015: CHAPTER 4 TERRITORY
p.002015: Article 101. The limits of Colombia are those established in the international treaties approved by the
p.002015: Congress, duly ratified by the President of the Republic, and those defined by the arbitration awards in which
p.002015: Be part of the nation.
p.002015: The limits indicated in the manner provided by this Constitution may only be modified by virtue of
p.002015: treaties approved by Congress, duly ratified by the President of the Republic.
p.002015: In addition to the continental territory, the San Andres archipelago, Province and
p.002015: Santa Catalina and Malpelo Island, and
p.002015: other islands, islets, cays, hills and banks that belong to it.
p.002015: They are also part of Colombia, the subsoil, the territorial sea, the adjoining area, the continental shelf, the
p.002015: Exclusive economic zone, airspace, geostationary orbit segment, spectrum
p.002015: electromagnetic and the space where it acts, in accordance with International Law or laws
p.002015: Colombians in the absence of international standards.
p.002015: Article 102. The territory, with the public goods that are part of it, belongs to the nation.
p.002015: Of the Citizenship, of the Foreigners, of the Territory
p.002015: (Articles 98-102)
p.002015: 30 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE IV
p.002015: OF DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES
p.002015: CHAPTER 1
p.002015: OF THE FORMS OF DEMOCRATIC PARTICIPATION
p.002015: Article 103. Participation mechanisms of the people in the exercise of their sovereignty are the vote, the plebiscite, the
p.002015: referendum, the popular consultation, the open council, the legislative initiative and the revocation of the mandate. The law
p.002015: will regulate them.
p.002015: The State will contribute to the organization, promotion and training of professional associations,
p.002015: civic, union, community, youth, charitable or common non-governmental utility, without
p.002015: detriment of their autonomy in order to constitute democratic mechanisms of representation in the
p.002015: different instances of participation, consultation, control and surveillance of public management that
p.002015: set.
p.002015: Article 104. The President of the Republic, with the signature of all ministers and prior favorable concept
p.002015: of the Senate of the Republic, may consult the people decisions of national importance. The decision of
p.002015: Town will be mandatory. The consultation cannot be carried out concurrently with another election.
p.002015: Article 105. Prior compliance with the requirements and formalities set forth in the general statute of the
p.002015: territorial organization and in the cases that this determines, the governors and mayors according to the case,
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p.002015: that the material and formal budgets to start the oral trial are met.
p.002015: Permanently resolve the conflicts of competence that occur between the Ordinary Jurisdiction and the
p.002015: Military Criminal Jurisdiction
p.002015: Other functions assigned by law.
p.002015: The Court of Guarantees will consist of eight (8) magistrates, four (4) of whom will be members of
p.002015: the Public Force in retirement. Its members will be elected by the Government Chamber of the Supreme Court of Justice, the
p.002015: Board of Governors of the State Council and the full Constitutional Court. The members of the Public Force
p.002015: in withdrawal from this Court, they will be elected from four (4) three to be sent by the President of the Republic.
p.002015: A statutory law will establish the requisites required to be a magistrate, the disability regime and
p.002015: incompatibilities, the candidate nomination mechanism, the procedure for their selection and others
p.002015: organizational and operational aspects of the Criminal Guarantees Court.
p.002015: Transitional Paragraph The Court of Criminal Guarantees will begin to exercise functions assigned in this article,
p.002015: once the statutory law that regulates it comes into force. Inexequible C-740/2013.
p.002015: Article 117. The Public Ministry and the Office of the Comptroller General of the Republic are control bodies.
p.002015: Article 118. The Public Ministry shall be exercised by the Attorney General of the Nation, by the Ombudsman
p.002015: of the People, by the appointed attorneys and the agents of the public ministry, before the authorities
p.002015: jurisdictional, by municipal officials and by other officials determined by law. To the Ministry
p.002015: Public corresponds the guard and promotion of human rights, the protection of the public interest and the surveillance of
p.002015: the official conduct of those who perform public functions.
p.002015: Article 119. The Office of the Comptroller General of the Republic is responsible for monitoring fiscal management and the
p.002015: management result control.
p.002015: Article 120. The electoral organization is formed by the National Electoral Council, by the Registrar
p.002015: National Civil Status and by other agencies established by law. He is responsible for organizing the
p.002015: elections, their direction and vigilance, as well as those related to the identity of people.
p.002015: Article 121. No authority of the State may exercise functions other than those attributed to it by the Constitution.
p.002015: And the law.
p.002015: EPISODE 2
p.002015: OF PUBLIC FUNCTION
p.002015: Article 122. There will be no public employment that does not have functions detailed in law or regulation, and to provide those of
p.002015: remunerated nature is required to be contemplated in the respective plant and its emoluments provided in the
p.002015: corresponding budget.
p.002015: No public servant shall enter into office without taking an oath to comply and defend the Constitution and
p.002015: perform the duties incumbent on him.
p.002015: Before taking office, when withdrawing from it or when competent authority
p.002015: Of the Public Function
p.002015: (Articles 117-122)
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p.002015: people with whom they have kinship until the fourth degree of consanguinity, second affinity, first
p.002015: civil, or with whom they are bound by marriage or permanent union.
p.002015: Nor can they name or apply as public servants, or enter into state contracts, with whom
p.002015: would have intervened in their nomination or designation, or with people who have the same
p.002015: links indicated in the previous paragraph.
p.002015: Of the Public Function
p.002015: (Articles 123-126)
p.002015: 38 COLOMBIA POLITICAL CONSTITUTION
p.002015: Appointments made in application of the current rules on
p.002015: admission or promotion due to merits in career positions.
p.002015: Except for contests regulated by law, the election of public servants attributed to corporations
p.002015: public must be preceded by a public call regulated by law, in which requirements and
p.002015: procedures that guarantee the principles of publicity, transparency, citizen participation, gender equity
p.002015: and merit criteria for your selection.
p.002015: Anyone who has exercised any of the charges in the following list may not be re-elected for it.
p.002015: Nor may he be nominated for another of these positions, nor be elected to a position of popular election, but one year
p.002015: After having ceased to perform their duties:
p.002015: Magistrate of the Constitutional Court, of the Supreme Court of Justice, of the State Council, of the
p.002015: National Judicial Discipline Commission, Member of the Aforados Commission, Member of the National Electoral Council,
p.002015: Attorney General of the Nation, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic and National Registrar of Civil Status.
p.002015: Article 127. Public servants may not hold, by themselves or by interposed person, or on behalf
p.002015: on the other, any contract with public entities or with private persons that manage or manage resources
p.002015: public, except legal exceptions.
p.002015: Legislative Act 02 of 2004, article 1. Amend subsections 2 and 3 of article 127 of the
p.002015: Political Constitution and add two final paragraphs to the same article, as follows:
p.002015: To State employees who work in the Judicial Branch, in the electoral, control and
p.002015: security is prohibited from taking part in the activities of the parties and movements and in the controversies
p.002015: policies, without prejudice to freely exercise the right to vote. To members of the Public Force in
p.002015: active service
p.002015: the limitations referred to in article 219 of the Constitution apply to them.
p.002015: Employees not covered by this prohibition may only participate in such activities and controversies in
p.002015: the conditions established by the Statutory Law.
p.002015: The use of employment to pressure citizens to support a political cause or campaign constitutes
p.002015: Cause of misconduct.
p.002015: Legislative Act 02 of 2015, article 3. Repeal subsections 5 and 6 of article 127 of the
p.002015: Political constitution.
p.002015: Article 128. No one may simultaneously perform more than one public job or receive more than one assignment
p.002015: that comes from the public treasury, or from companies or institutions in which the State has a majority share, except
p.002015: cases expressly determined by law.
p.002015: Public treasury is understood to be that of the nation, that of territorial entities and that of decentralized ones.
p.002015: Article 129. Public servants may not accept positions, honors or rewards from foreign governments
p.002015: or international organizations, or enter into contracts with them, without prior authorization from the Government.
p.002015: Article 130. There will be a National Civil Service Commission responsible for the administration and surveillance of
p.002015: careers of public servants, except for those of a special nature.
p.002015: Article 131. The regulation of the public service provided by notaries and registrars,
p.002015: definition of the labor regime for its employees and regarding contributions as a special taxation of
p.002015: you would notice, bound for the administration of justice.
p.002015: The appointment of notaries in property will be done by contest.
p.002015: It is up to the government to create, delete and merge notarized and registered circles and determine the
p.002015: number of notaries and registry offices.
p.002015: Of the Public Function
p.002015: (Articles 127-131)
p.002015: COLOMBIA POLITICAL CONSTITUTION 39
p.002015: TITLE VI
p.002015: OF THE LEGISLATIVE BRANCH
p.002015: CHAPTER 1
p.002015: OF COMPOSITION AND FUNCTIONS
p.002015: Article 132. Senators and representatives shall be elected for a period of four years, which begins on the 20th.
p.002015: July following the election.
p.002015: Article 133. Legislative Act 1 of 2009, article 5. Article 133 of the Political Constitution will read as follows:
p.002015: The members of collegiate bodies of direct election represent the people, and must act in consultation with the
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p.002015: National government, of the entities indicated in article 156, or by popular initiative in the cases
p.002015: provided in the Constitution.
p.002015: However, only the laws referred to by the Government may be dictated or amended at the initiative of the Government
p.002015: numerals 3, 7, 9, 11 and 22 and literals a),
p.002015: b) and e), numeral 19 of article 150; those that order participation in national income or transfers
p.002015: from the same; those that authorize contributions or subscriptions from the State to industrial companies
p.002015: or commercial and those that decree exemptions from national taxes, contributions or fees.
p.002015: The Chambers may introduce modifications to
p.002015: the projects presented by the Government.
p.002015: The bills related to taxes will begin processing in the House of Representatives and those that are
p.002015: refer to international relations, in the Senate.
p.002015: Article 155. They may submit bills or constitutional reform, a number of citizens equal or
p.002015: greater than five percent of the existing electoral census on the respective date or thirty percent of the
p.002015: councilors or deputies of the country. The popular initiative will be processed by Congress, in accordance with
p.002015: established in article 163, for the projects that have been the object of urgent manifestation.
p.002015: Proposing citizens will have the right to designate a spokesperson who will be heard by the Chambers at all stages of the
p.002015: Procedure.
p.002015: Article 156. The Constitutional Court, Judicial Government Council *, the Supreme Court of Justice, the Council
p.002015: of State, the National Electoral Council, the Attorney General of the Nation, the Comptroller General of the Republic,
p.002015: They have the ability to present bills in matters related to their functions.
p.002015: * Legislative Act 02 of 2015 Article 26. Concordances, validities and derogations. Replace the expression
p.002015: “Superior Council of the Judiciary” by the “National Judicial Discipline Commission” in article 116 of the
p.002015: Political constitution.
p.002015: Article 157. No project shall be law without the following requirements:
p.002015: 1. Having been officially published by the Congress, before proceeding with the respective commission.
p.002015: 2. Having been approved in the first debate in the corresponding permanent commission of each Chamber. The regulation of
p.002015: Congress will determine the cases in which the first debate will take place in a joint session of the commissions
p.002015: permanent of both Chambers.
p.002015: Of the Laws
p.002015: (Articles 153-157)
p.002015: 46 COLOMBIA POLITICAL CONSTITUTION
p.002015: 3. Have been approved in each Chamber in second debate.
p.002015: 4. Having obtained the sanction of the Government.
p.002015: Article 158. Every bill must refer to the same subject matter and the provisions or
p.002015: modifications that do not relate to it. The President of the respective commission will reject the
p.002015: initiatives that are not accepted with this precept, but their decisions will be appealable to the same commission. The law
p.002015: that is subject to partial reform will be published in a single text that incorporates the approved modifications.
p.002015: Article 159. The bill that had been denied in the first debate may be considered by the respective
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p.002015: electoral quotient.
p.002015: The representatives of the indigenous communities who aspire to integrate the Senate of the Republic must have
p.002015: held a position of traditional authority in their respective community or having been a leader of an indigenous organization,
p.002015: quality to be accredited by the certificate of the respective organization, endorsed by the Minister of Government.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 172. To be elected senator, it is required to be a Colombian by birth, a practicing citizen and have more
p.002015: thirty years old on the date of the election.
p.002015: Article 173. The powers of the Senate are:
p.002015: 1. To admit or not the resignations that the President of the Republic or the Vice-president make of their jobs.
p.002015: 2. Approve or improper military promotions conferred by the Government, from general officers and
p.002015: insignia of the public force, to the highest degree.
p.002015: 3. Granting permission to the President of the Republic to temporarily separate from office, not
p.002015: in case of illness, and decide on the excuses of the Vice President to exercise the Presidency of the
p.002015: Republic.
p.002015: 4. Allow the transit of foreign troops through the territory of the Republic.
p.002015: 5. Authorize the Government to declare war on another nation.
p.002015: 6. To elect the judges of the Constitutional Court.
p.002015: 7. Choose the Attorney General of the Nation.
p.002015: Article 174. Legislative Act 02 of 2015, article 5. Article 174 of the Political Constitution will read as follows:
p.002015: It is the responsibility of the Senate to hear the accusations made by the House of Representatives against the President
p.002015: of the Republic or those who do their times and against the members of the Aforados Commission, even if they have ceased
p.002015: in the exercise of their positions. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: Article 175. In the trials that are followed before the Senate, these rules will be observed:
p.002015: The defendant is in fact suspended from his employment, provided that an accusation is publicly admitted.
p.002015: If the accusation refers to crimes committed in the exercise of functions, or to indignity for misconduct, the
p.002015: The Senate may not impose any other penalty than the dismissal of employment, or temporary deprivation or absolute loss of
p.002015: political rights; but the criminal will be prosecuted before the Court
p.002015: Of the Senate of the Republic
p.002015: (Articles 171-175)
p.002015: COLOMBIA POLITICAL CONSTITUTION 49
p.002015: Supreme Justice, if the facts constitute him responsible for infraction that deserves another penalty.
p.002015: 3. If the accusation refers to common crimes, the Senate will only declare whether or not there is room for monitoring
p.002015: cause and, if so, will make the defendant available to the Supreme Court.
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p.002015: Republic.
p.002015: 3. Legislative Act 02 of 2015, article 7. The third paragraph of article 178 of the Constitution
p.002015: Policy will remain as follows: Charge before the Senate, upon request of the * Commission of Investigation and Accusation of the Chamber
p.002015: of Representatives, when there are constitutional causes, to the President of the Republic or to those who make their
p.002015: times and to the Members of the Commission of Aforados.
p.002015: * Legislative Act 02 of 2015 Article 26. Agreements, validities and derogations. The Commission of
p.002015: Investigation and Indictment of the House of Representatives mentioned in article 178 of the Constitution
p.002015: Politics will not be one of the permanent committees provided for in article 142 thereof.
p.002015: 4. Be aware of the complaints and complaints filed before it by the Attorney General or by the
p.002015: individuals against the above-mentioned officials and, if they merit, found charges against the Senate.
p.002015: 5. Require the help of other authorities for the development of the investigations that correspond to it, and commission
p.002015: for the practice of tests when deemed convenient.
p.002015: Note: Take into account for the application of this article what is indicated in subsection 2 of art. 1st of the Act
p.002015: Legislative 02 of 2015.
p.002015: Article 178-A. Legislative Act 02 of 2015, article 8. Article 178-A is added to the Political Constitution. The
p.002015: Judges of the Constitutional Court, of the Supreme Court of Justice, of the Council of State, of the
p.002015: National Judicial Discipline Commission and the Attorney General of the Nation will be responsible for any infraction
p.002015: to the disciplinary or criminal law committed in the exercise of their functions or on the occasion of these. In any case, you cannot
p.002015: be liable at any time for the votes and opinions cast in their judicial orders or
p.002015: consultative, proffered in the exercise of their functional independence, without prejudice to the responsibility to which there is
p.002015: place for unduly favoring their own interests or those of others.
p.002015: A Commission of Aforados will be competent to investigate and accuse, in accordance with the law and principles
p.002015: of due process, to the officials indicated in the previous paragraph, even if they had ceased in the
p.002015: exercise of their charges. In this case, it will be competent to know the facts or omissions occurred in the
p.002015: performance of them.
p.002015: If the investigation refers to disciplinary offenses of indignity for misconduct, the Commission of Aforados
p.002015: will advance the investigation and, where appropriate, present the accusation before the House of Representatives.
p.002015: In no case may other penalties be imposed than the suspension or dismissal of employment. The decision of the
p.002015: House of Representatives may be appealed to the Senate of the Republic. The Congress will in no case practice
p.002015: tests. Against the decision of the Senate there will be no recourse or action.
p.002015: If the investigation concerns crimes, the Commission of Aforados will also present the accusation to the Court
p.002015: Supreme Justice, so that the trial will be carried out there. In the case of judgments against magistrates of
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p.002015: Article 187. The allocation of members of Congress shall be readjusted every year in proportion equal to the average
p.002015: weighted of the changes in the remuneration of the central administration's servers, according to
p.002015: certification issued by the Comptroller General of the Republic for this purpose.
p.002015: Of the Congressmen
p.002015: (Articles 181-187)
p.002015: 54 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE VII
p.002015: OF THE EXECUTIVE BRANCH
p.002015: CHAPTER 1
p.002015: THE PRESIDENT OF THE REPUBLIC
p.002015: Article 188. The President of the Republic symbolizes national unity and by swearing the fulfillment of the
p.002015: Constitution and laws, is obliged to guarantee the rights and freedoms of all Colombians.
p.002015: Article 189. It corresponds to the President of the Republic as Head of State, Head of Government and Supreme Authority
p.002015: Administrative:
p.002015: 1. Appoint and separate freely the Ministers of the Office and the Directors of Administrative Departments.
p.002015: 2. Direct international relations. Appoint diplomatic and consular agents, receive agents
p.002015: respective and conclude with other States and entities of international law treaties or agreements that will be subject to
p.002015: Congress approval.
p.002015: 3. Lead the public force and dispose of it as Supreme Commander of the Armed Forces of the
p.002015: Republic.
p.002015: 4. Keep public order throughout the territory and restore it where it is disturbed.
p.002015: 5. Direct war operations when deemed appropriate.
p.002015: 6. Provide the external security of the Republic, defending the independence and honor of the nation and the
p.002015: inviolability of the territory; declare war with the permission of the Senate, or do it without such authorization
p.002015: to repel a foreign aggression; and agree and ratify the peace treaties, all of which will give immediate account
p.002015: to Congress
p.002015: 7. Allow, in recess of the Senate, following the opinion of the State Council, the transit of foreign troops through the
p.002015: Republic territory.
p.002015: 8. Install and close the sessions of the Congress in each legislature.
p.002015: 9. Sanction the laws.
p.002015: 10. Promulgate laws, obey them and ensure strict compliance.
p.002015: 11. Exercise the regulatory power, by issuing the decrees, resolutions and orders necessary to
p.002015: the fulfilled execution of the laws.
p.002015: 12. Submit a report to Congress, at the beginning of each legislature, on the acts of the Administration, on the
p.002015: execution of economic and social development plans and programs, and about the projects that the Government will
p.002015: propose to advance during the term of the new legislature.
p.002015: 13. Appoint the presidents, directors or managers of the national public establishments and the persons who
p.002015: they must perform national jobs whose provision is not by competition or does not correspond to other officials or
p.002015: corporations, according to the Constitution or the law.
p.002015: In any case, the Government has the power to freely appoint and remove its agents.
p.002015: 14. Create, merge or abolish, according to the law, the jobs demanded by the central administration, indicate
p.002015: their special functions and set their endowments and emoluments. The Government may not create, from the treasury,
p.002015: obligations that exceed the overall amount set for the respective service in the initial appropriations law.
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p.002015: constitutional that the Pre-
p.002015: I delegate to him both those that are his own and those that he exercises in his capacity as Head of Government. The
p.002015: Delegate Minister will belong to the same party or political movement of the President.
p.002015: Article 197. Legislative Act 02 of 2015, article 9. Article 197 of the Political Constitution will read as follows:
p.002015: Article 197. The citizen who for any title may have been elected President of the Republic may not be elected
p.002015: held the Presidency. This prohibition does not cover the Vice President when he has exercised it for less than three months,
p.002015: continuously or discontinuously, during the four year period. The prohibition of re-election may only be
p.002015: reinforced or repealed by referendum of popular initiative or constituent assembly.
p.002015: The President of the Republic or Vice President who has incurred in any of the causes of
p.002015: inability enshrined in numerals 1, 4 and 7 of article 179, nor the citizen that one year before the election
p.002015: has had the investiture of Vice President or held any of the following positions:
p.002015: Minister, Director of the Administrative Department, Magistrate of the Supreme Court of Justice, of the Court
p.002015: Constitutional, of the Council of State, National Commission of Judicial Discipline, Member of the Commission of Aforados or
p.002015: of the National Electoral Council, Attorney General of the Nation, Ombudsman, Comptroller General of the
p.002015: Republic, Attorney General of the Nation, National Registrar of the Civil State, Commanders of the Forces
p.002015: Military, General Auditor of the Republic, General Director of the Police, Department Governor or Mayor.
p.002015: Article 198. The President of the Republic, or whoever acts as such, will be responsible for his acts or omissions that
p.002015: violate the Constitution or laws.
p.002015: Article 199. The President of the Republic, during the period for which he is elected, or who is in charge of
p.002015: the Presidency may not be prosecuted or prosecuted for crimes, except by accusation of the Chamber of
p.002015: Representatives and when the Senate has declared that there is room for case formation.
p.002015: Of the Executive Branch, of the President of the Republic (Articles
p.002015: 193-199)
p.002015: COLOMBIA POLITICAL CONSTITUTION 57
p.002015: CHAPTER 2 OF THE GOVERNMENT
p.002015: Article 200. It corresponds to the Government, in relation to the Congress:
p.002015: 1. Attend the formation of laws, presenting projects through the ministers, exercising the
p.002015: right to object to them and fulfilling the duty to punish them in accordance with the Constitution.
p.002015: 2. Convene extraordinary sessions.
p.002015: 3. Present the national development and public investment plan, in accordance with the provisions of article 150.
p.002015: 4. Send the draft income and expense budget to the House of Representatives.
p.002015: 5. Submit to the Chambers the reports they request on businesses that do not require a reservation.
p.002015: 6. Provide effective support to the Chambers when they request it, making available to the public force,
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p.002015: this article.
p.002015: The President of the Republic and the ministers will be responsible when they declare the State of
p.002015: Emergency without having presented any of the circumstances provided for in paragraph 1, and will also be
p.002015: any abuse committed in the exercise of the powers granted by the Constitution to the Government during the
p.002015: emergency.
p.002015: The Government may not impair the social rights of workers through the decrees contemplated in this
p.002015: Article.
p.002015: Paragraph. The Government will send the decrees to the Constitutional Court the day after its issuance
p.002015: Legislative dictates in use of the powers referred to in this article, so that it may decide on
p.002015: Its constitutionality. If the Government does not fulfill its duty to send them, the Constitutional Court will apprehend
p.002015: ex officio and immediately your knowledge.
p.002015: CHAPTER 7
p.002015: OF THE PUBLIC FORCE
p.002015: Article 216. The public force will be integrated exclusively by the Military Forces and the Police
p.002015: National.
p.002015: All Colombians are obliged to take up arms when public needs demand it to defend the
p.002015: National independence and public institutions.
p.002015: The Law shall determine the conditions that at all times exempt from military service and the prerogatives for the
p.002015: provision thereof.
p.002015: Article 217. The nation will have for its defense permanent military forces constituted by the Army, the
p.002015: Navy and the Air Force.
p.002015: The military forces will have as their primary purpose the defense of sovereignty, independence, integrity
p.002015: of national territory and constitutional order.
p.002015: The law will determine the system of replacements in military forces, as well as promotions, rights and obligations
p.002015: of its members and the special career, provision and disciplinary regime, which is their own.
p.002015: Article 218. The law will organize the police force.
p.002015: The National Police is a permanent armed body of a civil nature, in charge of the nation, whose primary purpose is
p.002015: the maintenance of the necessary conditions for the exercise of public rights and freedoms, and for
p.002015: ensure that Colombians live in peace.
p.002015: The law will determine your career, performance and disciplinary regime.
p.002015: Article 219. The Public Force is not deliberate; may not meet except by order of legitimate authority, or
p.002015: direct requests, except on matters related to the service and the morality of the respective body and
p.002015: according to the law.
p.002015: Members of the Public Force may not exercise the function of suffrage while they remain in service
p.002015: active, or intervene in activities or debates of political parties or movements.
p.002015: Article 220. The members of the Public Force cannot be deprived of their degrees, honor
p.002015: Of the Public Force
p.002015: (Articles 216-220)
p.002015: 62 COLOMBIA POLITICAL CONSTITUTION
p.002015: res and pensions, but in cases and in the manner determined by law.
p.002015: Article 221. Legislative Act 01 of 2015, article 1. Article 221 of the Political Constitution will read as follows:
p.002015: Of the punishable conduct committed by members of the Public Force in active service, and in relation to
p.002015: the same service, will know martial courts or military courts, in accordance with the requirements of the Code
p.002015: Military Criminal Such Courts or Courts will be composed of members of the Public Force on active duty or in
p.002015: retirement.
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p.002015: Article 233. The Magistrates of the Constitutional Court, of the Supreme Court of Justice, and of the Council
p.002015: of State will be elected for a period of eight years, may not be re-elected and will remain in the exercise of
p.002015: their charges while observing good behavior, having satisfactory performance and not having reached the age of
p.002015: forced withdrawal.
p.002015: Of the General Provisions
p.002015: (Articles 228-233)
p.002015: 64 COLOMBIA POLITICAL CONSTITUTION
p.002015: EPISODE 2
p.002015: OF THE REGULAR JURISDICTION
p.002015: Article 234. The Supreme Court of Justice is the highest court of ordinary jurisdiction and shall consist of
p.002015: odd number of magistrates determined by law. This will divide the Court into rooms, indicate to each of them the
p.002015: matters that must be known separately and will determine those in which the Court must intervene in full.
p.002015: Article 235. The powers of the Supreme Court of Justice are:
p.002015: 1. Act as a court of appeal.
p.002015: 2. Judge the President of the Republic or whoever does his time and the senior officials referred to in the article
p.002015: 174, for any punishable act attributed to them, in accordance with article 175 numbers 2 and 3.
p.002015: 3. Investigate and judge the members of Congress.
p.002015: 4. Legislative Act 02 of 2015, article 13. Section 4 of article 235 of the Political Constitution will read as follows:
p.002015: 4. Judge, upon accusation by the Attorney General of the Nation, the Deputy Attorney General of the Nation or their delegates of
p.002015: the Prosecutor's Unit before
p.002015: the Supreme Court of Justice, the Vice President of the Republic, the Ministers of the Office, the
p.002015: Attorney General, the Ombudsman, the Public Prosecutors before the Court, before the Council
p.002015: of State and before the Courts; to the Directors of the Administrative Departments, to the Comptroller General
p.002015: of the Republic, to the Ambassadors and head of diplomatic or consular mission, to the Governors, to the
p.002015: Magistrates of Courts and Generals and Admirals of the Public Force, for the punishable acts
p.002015: impute
p.002015: 5. Know all the contentious businesses of diplomatic agents accredited to the Government of the nation,
p.002015: in the cases provided by International Law.
p.002015: 6. Give your own regulation.
p.002015: 7. The other powers indicated by law.
p.002015: Paragraph. When the officials listed above have ceased to exercise their duties, the jurisdiction is only
p.002015: keep for punishable behaviors that are related to the functions performed.
p.002015: CHAPTER 3
p.002015: OF THE ADMINISTRATIVE CONTENT JURISDICTION
p.002015: Article 236. The Council of State shall have the odd number of Magistrates determined by law.
p.002015: The Council will be divided into rooms and sections to separate the jurisdictional functions from the others assigned by the
p.002015: Constitution and the law.
p.002015: The law will indicate the functions of each of the rooms and sections, the number of magistrates that must integrate them and their
p.002015: Internal organization.
p.002015: Article 237. The powers of the State Council are:
p.002015: 1. Perform the functions of supreme court of administrative litigation, in accordance with the rules set forth in the
p.002015: law.
p.002015: 2. Know the annulment actions by constitutionality of the decrees issued by the Government
p.002015: national, whose competence does not correspond to the Constitutional Court.
p.002015: 3. Act as the supreme advisory body of the Government in matters of administration, and must necessarily be
p.002015: heard in all those cases that the Constitution and laws determine.
p.002015: Of the Ordinary Jurisdiction, of the Contentious Administrative Jurisdiction (Articles 234-237)
p.002015: POLITICAL CONSTITUTION COLOMBIA 65
p.002015: In the cases of transit of foreign troops through the national territory, station or transit of
p.002015: foreign warships or aircraft, in waters or in territory or in the nation's airspace, the government must
p.002015: hear the State Council beforehand.
p.002015: 4. Prepare and submit draft amendments to the Constitution and bills.
p.002015: 5. Be aware of the cases of loss of the congressmen's clothing, in accordance with this Constitution and
p.002015: the law.
p.002015: 6. Give their own regulations and exercise the other functions determined by law.
p.002015: 7. Legislative Act 01 of 2009, article 8. Article corrected by article 1 of Decree 3259 of 2009. The new
p.002015: text is as follows:
p.002015: Article 8 Article 237 of the Political Constitution will have a new numeral, as follows:
p.002015: Be aware of the electoral nullity action subject to the competition rules established by law.
p.002015: Paragraph. To exercise the Electoral Litigation before the Administrative Jurisdiction against the act
p.002015: of election of popular character when the demand is based on grounds of nullity due to irregularities in the
p.002015: voting process and in the scrutiny, it is a requirement to submit them before the declaration of
p.002015: election, upon examination of the corresponding administrative authority, headed by the National Council
p.002015: Electoral.
p.002015: Article 238. The jurisdiction of the administrative litigation may be provisionally suspended by the
p.002015: reasons and with the requirements established by law, the effects of administrative acts that are
p.002015: susceptible to challenge by judicial means.
p.002015: CHAPTER 4
p.002015: OF THE CONSTITUTIONAL JURISDICTION
p.002015: Article 239. The Constitutional Court shall have the odd number of members determined by law. In its integration it
p.002015: will meet the criteria of designating magistrates belonging to various specialties of law.
...

p.002015: When one or several rules of a multi-lateral treaty are declared unenforceable by the Constitutional Court, the
p.002015: President of the Republic may only express consent by making the corresponding reservation.
p.002015: 11. Legislative Act 02 of 2015, article 14. Add a numeral 12 and modify the 11 of article 241 of the
p.002015: Political Constitution, which will look like this:
p.002015: 11. To resolve the conflicts of competence that
p.002015: occur between different jurisdictions.
p.002015: 12. Give your own regulation.
p.002015: Paragraph. When the Court finds procedural defects rectifiable in the formation of the act subject to its control,
p.002015: will order to return it to the authority that uttered it so that, if possible, it amends the observed defect. Corrected
p.002015: the vice shall proceed to decide on the exequibility of the act.
p.002015: Article 242. The proceedings brought before the Constitutional Court in the matters referred to in this title,
p.002015: they will be regulated by law according to the following provisions:
p.002015: 1. Any citizen may exercise the public actions provided for in the preceding article, and intervene as
p.002015: challenger or defender of the norms under control in the processes promoted by others, as well as in those
p.002015: for which there is no public action.
p.002015: 2. The Attorney General must intervene in all processes.
p.002015: 3. The actions for defects expire within one year, counted from the publication of the respective act.
p.002015: 4. Ordinarily, the Court shall have the term of sixty days to decide, and the Attorney General of the Nation, of
p.002015: Thirty to render concept.
p.002015: 5. In the processes referred to in numeral 7 of the previous article, the ordinary terms shall be reduced to
p.002015: a third party and its breach is a cause of misconduct, which will be sanctioned according to the law.
p.002015: Article 243. The decisions issued by the Court in the exercise of jurisdictional control make transit to res judicata.
p.002015: constitutional.
p.002015: Constitutional Jurisdiction
p.002015: (Articles 242-243)
p.002015: POLITICAL CONSTITUTION COLOMBIA 67
p.002015: No authority may reproduce the material content of the legal act declared unenforceable for substantive reasons,
p.002015: while the provisions that served to make the confrontation between the norm remain in the Charter
p.002015: ordinary and the Constitution.
p.002015: Article 244. The Constitutional Court shall notify the President of the Republic or the President.
p.002015: of the Congress, as the case may be, the initiation of any process aimed at examining
p.002015: constitutionality of norms dictated by them. This communication will not delay the terms of the process.
p.002015: Article 245. The Government may not confer employment on the Judges of the Constitutional Court during the period of
p.002015: exercise of their functions or within the year following their retirement.
p.002015: CHAPTER 5
p.002015: OF THE SPECIAL JURISDICTIONS
p.002015: Article 246. The authorities of indigenous peoples may exercise jurisdictional functions within their scope
p.002015: territorial, in accordance with its own rules and procedures, provided they are not contrary to the Constitution and
p.002015: laws of the Republic. The law will establish the ways of coordinating this special jurisdiction with the system
p.002015: national judicial
p.002015: Article 247. The law may create justices of the peace responsible for resolving in equity individual conflicts and
p.002015: community You can also order are elected by popular vote.
p.002015: Article 248. Only the sentences granted in judicial sentences are definitively of the
p.002015: criminal and contradictory records in all legal orders.
p.002015: CHAPTER 6
p.002015: OF THE NATIONAL GENERAL TAX
p.002015: Article 249. The Office of the Attorney General of the Nation shall consist of the Attorney General, the delegated prosecutors.
p.002015: and other officials determined by law.
p.002015: The Attorney General of the Nation will be elected for a period of four years by the Supreme Court of Justice, from terna
p.002015: sent by the President of the Republic and cannot be reelected. You must meet the same qualities required to be
p.002015: Magistrate of the Supreme Court of Justice.
p.002015: The Attorney General's Office is part of the judicial branch and will have administrative and budgetary autonomy.
p.002015: Article 250. Legislative Act 03 of 2002, article 2. Article 250 of the Political Constitution will read as follows:
p.002015: The Office of the Attorney General of the Nation is obliged to advance the exercise of the criminal action and carry out the
p.002015: investigation of the facts that have the characteristics of a crime that come to your attention
p.002015: through denunciation, special petition, complaint or ex officio, as long as they have sufficient grounds and
p.002015: factual circumstances that indicate the possible existence of it. It may not, therefore, suspend,
p.002015: interrupt or renounce criminal prosecution, except in cases established by law for enforcement
p.002015: of the principle of opportunity regulated within the framework of the State's criminal policy, which will be subject to
p.002015: legality control by the judge who exercises the functions of guarantee control. Crimes are excepted
p.002015: committed by members of the Public Force in active service and in relation to the same service.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Articles 244-250)
p.002015: 68 COLOMBIA POLITICAL CONSTITUTION
p.002015: In exercising its functions, the Office of the Attorney General of the Nation must:
p.002015: 1. Request the judge to exercise the functions of guarantee control the necessary measures to ensure the
p.002015: Appearance of those charged to criminal proceedings, the preservation of evidence and the protection of the community, in
p.002015: Special of the victims.
p.002015: The judge who exercises the functions of control of guarantees, may not be, in any case, the judge of knowledge, in
p.002015: those matters in which he has exercised this function.
p.002015: The law may empower the Attorney General's Office to exceptionally capture; equally,
p.002015: the law will set the limits and events in which the capture proceeds. In these cases the judge that fulfills the function of
p.002015: control of guarantees shall be carried out no later than thirty-six (36) hours later.
p.002015: 2. Advance records, searches, seizures and communications interceptions. In these events
p.002015: the judge exercising the functions of guarantee control shall carry out the respective subsequent control, at the latest
p.002015: within thirty-six
p.002015: (36) following hours.
p.002015: 3. Ensure the material evidence, guaranteeing the chain of custody while exercising its
p.002015: contradiction. In case additional measures are required that involve the involvement of fundamental rights,
p.002015: the respective authorization must be obtained by the judge who exercises the functions of guarantee control
p.002015: to be able to proceed to it.
p.002015: 4. Present an indictment before the knowledge judge, in order to initiate a public trial,
p.002015: oral, with immediate evidence, contradictory, concentrated and with all guarantees.
p.002015: 5. Request before the judge of knowledge the preclusion of investigations when as provided in the
p.002015: there will be no merit to accuse.
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p.002015: other bodies indicated by law.
p.002015: 9. Fulfill the other functions established by law.
p.002015: The Attorney General and his delegates are competent throughout the national territory.
p.002015: In the event of presenting a written complaint, the Attorney General or his delegates must provide, by
p.002015: through the knowledge judge, all the evidence and information that you have news, including
p.002015: that are favorable to the processing.
p.002015: Paragraph 1. The Attorney General’s Office will continue to comply with the new inquiry system,
p.002015: criminal investigation and prosecution, the functions contemplated in article 277 of the National Constitution.
p.002015: Paragraph 2. Legislative Act 06 of 2011, article 2. Article 250 of the Political Constitution will have a
p.002015: Paragraph 2 of the following wording: Decree 379 of 2012. Article 1. Correct article 2 of the Legislative Act
p.002015: number 6 of 2011, which will be as follows: “Article 2. Article 250 of the Political Constitution will have a second paragraph
p.002015: of the following tenor:
p.002015: Taking into account the nature of the legal good or the least harmfulness of the punishable conduct, the legislator may
p.002015: assign the exercise of the criminal action to the victim or other authorities other than the General Prosecutor of the
p.002015: Nation. In any case, the General Prosecutor of the Nation may act preferentially.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Article
p.002015: 250)
p.002015: POLITICAL CONSTITUTION COLOMBIA 69
p.002015: Article 251. Legislative Act 03 of 2002, article 3. Article 251 of the Political Constitution will read as follows:
p.002015: Special functions of the Attorney General of the Nation are:
p.002015: 1. Legislative Act 06 of 2011, article 3. Section 1 of article 251 of the Political Constitution will read as follows:
p.002015: Investigate and accuse, if applicable, directly or through the Deputy Attorney General of the Nation or its
p.002015: delegates of the prosecution unit before the Supreme Court of Justice, to the high servants who enjoy jurisdiction
p.002015: constitutional, with the exceptions provided in the Constitution.
p.002015: 2. Appoint and remove, in accordance with the law, the servers under their dependence.
p.002015: 3. Assume directly the investigations and processes, whatever the state in which they are,
p.002015: same as assigning and freely displacing its servers in investigations and processes. Likewise in
p.002015: Under the principles of management unit and hierarchy, determine the criteria and position that the Prosecutor's Office should
p.002015: assume, without prejudice to the autonomy of the delegated prosecutors in the terms and conditions established by law.
p.002015: 4. Participate in the design of the State's policy on criminal matters and present bills in this regard.
p.002015: 5. Grant transitory powers to public entities that may perform Judicial Police functions,
p.002015: under the responsibility and functional dependence of the Attorney General's Office.
p.002015: 6. Provide the Government with information on the investigations that are being carried out, when necessary for the
p.002015: preservation of public order.
p.002015: Article 252. Even during the States of Exception covered by the Constitution in its articles 212 and 213, the
p.002015: Government may not suppress or modify the agencies or the basic functions of prosecution and prosecution.
p.002015: Article 253. The law shall determine the structure and operation of the General Prosecutor's Office of the Nation, at
p.002015: entry by career and withdrawal from service, to disabilities and incompatibilities, denomination, qualities,
p.002015: remuneration, social benefits and disciplinary regime of the officials and employees of their dependency.
p.002015: CHAPTER 7
p.002015: GOVERNMENT AND ADMINISTRATION OF THE JUDICIAL BRANCH
p.002015: (Legislative Act 02 of 2015) Replace the heading of Chapter 7 of Title VIII with that of “Government and
p.002015: Administration of the Judicial Branch ”.
p.002015: Article 254. Legislative Act 02 of 2015, article 15. Article 254 of the Political Constitution shall read as follows:
p.002015: The Government and the administration of the Judicial Branch will be in charge of the Judicial Government Council and the Management of
p.002015: the Judicial Branch. These bodies shall exercise the functions attributed to them by law in order to promote access to the
p.002015: justice, the efficiency of the Judicial Branch, effective judicial protection and judicial independence.
p.002015: The Judicial Government Council is the body responsible for defining the policies of the Judicial Branch in accordance with the
p.002015: law and postulate the lists and lists of candidates that the Constitution orders. It also corresponds to the Council of
p.002015: Judicial Government regulate the judicial and administrative procedures that are carried out in judicial offices,
p.002015: in aspects not provided by the legislator; Issue the regulations of the judicial career system and the Commission
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p.002015: performance before the Congress of the Republic.
p.002015: The Judicial Government Council will consist of nine members: the Presidents of the Constitutional Court,
p.002015: of the Supreme Court of Justice and the Council of State; the manager of the Judicial Branch, who must
p.002015: be a professional with twenty years of experience, of which ten must be in business administration
p.002015: or in public entities, and will be appointed by the Judicial Government Council for a period of four years; a
p.002015: representative of the magistrates of the Courts and of the judges, elected by them for a period of four years;
p.002015: a representative of the employees of the Judicial Branch chosen by them for a period of four years; three members
p.002015: permanent permanent members, appointed by the other members of the Judicial Government Council, for a period
p.002015: of four years. None of the members of the Judicial Government Council may be re-elected.
p.002015: The permanent members of exclusive dedication mentioned in the preceding paragraph shall be in charge of the
p.002015: strategic planning of the Judicial Branch and of proposing to the Judicial Government Council, for its approval,
p.002015: Public policies of the Judicial Branch. They must have ten years of experience in design, evaluation or monitoring
p.002015: of public policies, management models or public administration. In your choice you must ensure diversity
p.002015: of academic and professional profiles.
p.002015: The statutory law may determine the specific issues for which the office ministers, the
p.002015: directors of the administrative department, the Attorney General of the Nation, as well as representatives of academics and
p.002015: the litigating lawyers will participate in the meetings of the Judicial Government Council.
p.002015: Article 255. Legislative Act 02 of 2015, article 16. Article 255 of the Political Constitution shall read as follows:
p.002015: Management of the Judicial Branch is a
p.002015: body subordinate to the Judicial Government Council and will be organized in accordance with the principle of
p.002015: territorial deconcentration
p.002015: The Judicial Branch Management is responsible for executing the decisions of the Judicial Government Council, providing
p.002015: administrative and logistical support to this body, administer the Judicial Branch, prepare for Council approval
p.002015: of the Judicial Government the draft budget that must be sent to the Government, and executed in accordance with the
p.002015: approval by the Congress, elaborate plans and programs for approval of the Governing Council
p.002015: Judicial, formulate management models and implement procedural models in the national territory, administer the
p.002015: Judicial Career, organize the Judicial Career Commission, conduct competitions and monitor the performance of
p.002015: officials and offices.
p.002015: The Judicial Branch Manager will legally represent the Judicial Branch. It will exercise the other functions that
p.002015: Attribute the law.
p.002015: Article 256. Legislative Act 02 of 2015, article 17. Repeal article 256 of the Political Constitution.
p.002015: Article 257. Legislative Act 02 of 2015, article 19. Article 257 of the Political Constitution shall read as follows:
p.002015: National Judicial Discipline Commission will exercise the disciplinary jurisdictional function over officials
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p.002015: choice of their candidates.
p.002015: 12. Decide the revocation of the registration of candidates for Public Corporations or election positions
p.002015: popular, when there is full proof that those are involved in grounds of disability provided for in
p.002015: The Constitution and the law. In no case may he declare the election of said candidates.
p.002015: 13. Give yourself your own regulation.
p.002015: 14. The others conferred by law.
p.002015: Of the Electoral Authorities
p.002015: (Article 265)
p.002015: POLITICAL CONSTITUTION COLOMBIA 75
p.002015: Article 266. Legislative Act 01 of 2003, article 15. Article 266 of the Political Constitution shall read as follows:
p.002015: The National Registrar of Civil Status will be chosen by the Presidents of the Constitutional Court, the Court
p.002015: Supreme Court and the State Council, through a contest of merits organized according to the law. Your period will be
p.002015: four (4) years, must meet the same qualities required by the Political Constitution to be a Magistrate of the
p.002015: Supreme Court of Justice and not having held functions in managerial positions in political parties or movements
p.002015: within the year immediately prior to your election.
p.002015: And shall exercise the functions established by law, including the direction and organization of the elections, the registration
p.002015: civil and identification of persons, as well as the conclusion of contracts on behalf of the nation, in cases where
p.002015: that disposes.
p.002015: Legislative Act 02 of 2015, article 26. Concordances, validities and derogations. Eliminate the expression “You can
p.002015: be reelected only once and ”in article 266 of the Political Constitution. (It was at the beginning of the subsection).
p.002015: The National Registry will be made up of public servants belonging to a career
p.002015: special administrative to which will be entered exclusively by merit contest and which will provide for withdrawal
p.002015: flexible in accordance with the needs of the service. In any case, administrative responsibility charges
p.002015: or electoral will be of free removal, in accordance with the law.
p.002015: Transitional Paragraph The period of the current members of the National Electoral Council and National Registrar
p.002015: of the Civil Status will go until 2006. The next election of one and the other will be made in accordance with the provisions
p.002015: the present Legislative Act.
p.002015: Of the Electoral Authorities
p.002015: (Article 266)
p.002015: 76 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE X
p.002015: OF THE CONTROL BODIES
p.002015: CHAPTER 1
p.002015: OF THE COMPTROLLER GENERAL OF THE REPUBLIC
p.002015: Article 267. Fiscal control is a public function exercised by the Comptroller General of the Republic, the
p.002015: which monitors the fiscal management of the administration and of the individuals or entities that manage funds or assets of
p.002015: the nation.
p.002015: Said control shall be exercised in a subsequent and selective manner in accordance with the procedures, systems and principles
p.002015: That the law establishes. This may, however, authorize that, in special cases, surveillance be carried out by
p.002015: Colombian private companies chosen by public contest of merits, and hired prior to the Council of
p.002015: State.
p.002015: The supervision of the State's fiscal management includes the exercise of financial, management and financial control.
p.002015: results, based on efficiency, economy, equity and the valuation of environmental costs. In the
p.002015: exceptional cases, provided by law, the Comptroller may exercise subsequent control over accounts of any
p.002015: territorial entity
p.002015: The Comptroller is a technical entity with administrative and budgetary autonomy. Will not have
p.002015: administrative functions other than those inherent in your own organization.
p.002015: Legislative Act 2 of 2015, article 22. Amend paragraphs 5 and 6 of article 267 of the
p.002015: Political Constitution, which will look like this:
p.002015: Section 5
p.002015: The Comptroller will be elected by the Congress in plenary, by absolute majority, in the first month of its sessions for a
p.002015: period equal to that of the President of the Republic, of the list of eligible persons made up of a public call based on
p.002015: the provisions of article 126 of the Constitution and may not be
p.002015: re-elected or continue to exercise their duties upon expiration thereof.
p.002015: Section 6
p.002015: Only the Congress can admit the resignation presented by the Comptroller and provide the absolute and temporary absences of the
p.002015: position.
p.002015: To be elected Comptroller General of the Republic, it is required to be a Colombian by birth and in the exercise of
p.002015: citizenship; be over 35 years old; have a university degree; or have been a university professor during a
p.002015: time not less than 5 years; and accredit the additional qualities required by law.
p.002015: The Comptroller General may not be elected who is or has been a member of Congress or held public office
p.002015: some of the national order, except for teaching, in the year immediately before the election. Neither
p.002015: Anyone who has been sentenced to imprisonment for common crimes may be elected.
p.002015: Under no circumstances may persons who are present be involved in the nomination or election of the Comptroller
p.002015: within the fourth degree of consanguinity, second of affinity and first civil or legal regarding the candidates.
p.002015: Article 268. The Comptroller General of the Republic shall have the following powers:
p.002015: 1. Prescribe the methods and manner of accountability of those responsible for the management of funds or assets of the
p.002015: nation and indicate the criteria for financial, operational and results evaluation that must be followed.
p.002015: 2. Review and keep the accounts that must be kept by those responsible for the treasury and determine the degree
p.002015: Of the Comptroller General of the Republic
p.002015: (Articles 267-268)
p.002015: POLITICAL CONSTITUTION COLOMBIA 77
p.002015: of efficiency, effectiveness and economy with which they have
p.002015: worked.
p.002015: 3. Keep a record of the public debt of the nation and territorial entities.
p.002015: 4. Demand reports on their fiscal management from official employees of any order and from any person
p.002015: or public or private entity that manages funds or assets of the nation.
p.002015: 5. Establish the responsibility derived from fiscal management, impose financial penalties that are
p.002015: case, collect its amount and exercise coercive jurisdiction over the scope deducted from it.
p.002015: 6. Conceptualize about the quality and efficiency of internal fiscal control of state entities and agencies.
p.002015: 7. Present to the Congress of the Republic an annual report on the state of natural resources and the environment.
p.002015: 8. Promote before the competent authorities, providing the respective evidence, criminal investigations or
p.002015: disciplinary actions against those who have caused damage to the patrimonial interests of the State. The Comptroller, under
p.002015: your responsibility, may require, known truth and good faith kept, the immediate suspension of officials
p.002015: while the investigations or the respective criminal or disciplinary processes are completed.
p.002015: 9. Submit bills relating to the fiscal control regime and the organization and operation
p.002015: of the Comptroller General.
p.002015: 10. Provide through public tender the jobs of your agency that the law has created. This will determine a
p.002015: special administrative career regime for the selection, promotion and retirement of officials of the
p.002015: Comptroller Those who are part of the corporations involved in the nomination and election of the
p.002015: Comptroller, give personal and political recommendations for jobs in his office.
p.002015: 11. Submit reports to Congress and the President of the Republic on the performance of their duties and
p.002015: certification on the state of the state's finances, in accordance with the law.
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p.002015: Political constitution.
p.002015: Section 8:
p.002015: No one may be elected who is or has been in the last year a member of the Assembly or Council that must do the
p.002015: election, or who has held public office at the executive level of the departmental, district or municipal order.
p.002015: Whoever has held the position of departmental, district or municipal comptroller in property, may not
p.002015: perform any official employment in the respective department, district or municipality, or be registered as a candidate
p.002015: to positions of popular election but one year after having ceased his duties.
p.002015: Article 273. At the request of any of the proponents, the Comptroller General of the Republic and other authorities of
p.002015: competent tax control shall order that the act of adjudication of a tender take place at a public hearing.
p.002015: The cases in which the public hearing mechanism is applied, the manner in which the evaluation of the
p.002015: Proposals and the conditions under which that will be made will be indicated by law.
p.002015: Article 274. The fiscal management of the Comptroller General of the Republic shall be supervised by an auditor.
p.002015: elected for periods of two years by the State Council, from a list sent by the Supreme Court of Justice.
p.002015: The law will determine how to exercise such surveillance at the departmental, district and municipal levels.
p.002015: EPISODE 2
p.002015: OF THE PUBLIC MINISTRY
p.002015: Article 275. The Attorney General is the supreme director of the Public Ministry.
p.002015: Article 276. The Attorney General of the Nation shall be elected by the Senate, for a period of four years, of
p.002015: Terna composed of candidates from the President of the Republic, the Supreme Court of Justice and the Council of State.
p.002015: Article 277. The Attorney General of the Nation, by himself or through his delegates and agents, shall have
p.002015: The following functions:
p.002015: 1. Monitor compliance with the Constitution, laws, judicial decisions and administrative acts.
p.002015: From the Public Ministry
p.002015: (Articles 273-277)
p.002015: POLITICAL CONSTITUTION COLOMBIA 79
p.002015: 2. Protect human rights and ensure their effectiveness, with the help of the Ombudsman.
p.002015: 3. Defend the interests of society.
p.002015: 4. Defend collective interests, especially the environment.
p.002015: 5. Ensure the diligent and efficient exercise of
p.002015: Administrative functions.
p.002015: 6. Exercise superior vigilance of the official conduct of those who perform public functions, including those of
p.002015: popular choice; preferably exercise disciplinary power; advance the corresponding investigations, and
p.002015: impose the respective sanctions according to the law.
p.002015: 7. Intervene in the proceedings and before judicial or administrative authorities, when necessary in defense
p.002015: of the legal order, of the public patrimony, or of the fundamental rights and guarantees.
p.002015: 8. Render annually its management report to Congress.
p.002015: 9. Require public officials and individuals it deems necessary information.
p.002015: 10. The others determined by law.
p.002015: For the performance of its functions, the Office of the Prosecutor will have powers of judicial police, and may
p.002015: file the actions you deem necessary.
p.002015: Article 278. The Attorney General will directly exercise the following functions:
p.002015: 1. Disconnect from the post, prior hearing and through a reasoned decision, the public official who incurs any
p.002015: of the following offenses: manifestly violate the Constitution or the law; derive evident and undue
p.002015: capital gain in the exercise of his position or duties; seriously hamper the
p.002015: investigations carried out by the Attorney General's Office or an administrative or jurisdictional authority; act with manifest
p.002015: negligence in the investigation and punishment of disciplinary offenses
p.002015: of the employees of his dependency, or in the denunciation of the punishable facts that he has knowledge because of the
p.002015: exercise of his position.
p.002015: 2. Issue concepts in disciplinary proceedings brought against officials subject to special jurisdiction.
p.002015: 3. Submit bills on matters related to their competence.
p.002015: 4. To urge Congress to issue laws that ensure the promotion, exercise and protection of
p.002015: human rights, and demand compliance with the competent authorities.
p.002015: 5. Render concept in constitutionality control processes.
p.002015: 6. Appoint and remove, in accordance with the law, the officers and employees of your agency.
p.002015: Article 279. The law shall determine the structure and operation of the Office of the Attorney General of
p.002015: The Nation will regulate the entry and merit contest and the withdrawal of the service, at
p.002015: disabilities, incompatibilities, appointment, qualities, remuneration and the disciplinary regime of all
p.002015: officials and employees of said agency.
p.002015: Article 280. The agents of the Public Ministry will have the same qualities, category, remuneration,
p.002015: rights and benefits of the magistrates and judges of greater hierarchy before those who exercise the position.
p.002015: Article 281. Legislative Act 02 of 2015, article 24. Article 281 of the Political Constitution shall read as follows:
p.002015: Article 281. The Ombudsman shall exercise his functions autonomously. He will be chosen by the Chamber of
p.002015: Representatives for an institutional period of four years prepared by the President of the Republic.
p.002015: Article 282. The Ombudsman shall ensure the promotion, exercise and dissemination of
p.002015: From the Public Ministry
p.002015: (Articles 278-282)
p.002015: 80 POLITICAL CONSTITUTION COLOMBIA
p.002015: human rights, for which it will exercise the following functions:
p.002015: 1. Guide and instruct the inhabitants of the national territory and Colombians abroad in the exercise and
p.002015: defense of their rights before the competent authorities or private entities.
p.002015: 2. Disseminate human rights and recommend policies for their teaching.
p.002015: 3. To invoke the right of habeas corpus and to file the actions of guardianship, without prejudice to the right that assists
p.002015: the interested.
p.002015: 4. Organize and direct the public defender's office in the terms established by law.
p.002015: 5. Filing popular actions in matters related to their competence.
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p.002015: Article 283. Legislative Act 02 of 2015. Article 283 of the Political Constitution will read as follows:
p.002015: Article 283. The law shall determine the organization and operation of the Office of the Ombudsman as
p.002015: autonomous administrative and budgetary entity.
p.002015: Article 284. Except for the exceptions provided in the Constitution and the law, the Attorney General and the
p.002015: Ombudsman may require the necessary information from the authorities for the exercise of their
p.002015: functions, without being able to oppose any reservation.
p.002015: TITLE XI
p.002015: OF THE TERRITORIAL ORGANIZATION
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 285. Outside the general division of the territory, there will be those determined by law for compliance with
p.002015: the functions and services in charge of the State.
p.002015: Article 286. Departments, districts, municipalities and territories are territorial entities
p.002015: natives.
p.002015: The law may give the character of territorial entities to the regions and provinces that are constituted in the
p.002015: terms of the Constitution and the law.
p.002015: Article 287. The territorial entities enjoy autonomy for the management of their interests, and within the
p.002015: limits of the Constitution and the law. In this virtue they will have the following rights:
p.002015: 1. Governing by own authorities.
p.002015: 2. Exercise the corresponding competences.
p.002015: 3. Manage resources and establish the necessary taxes for the fulfillment of their functions.
p.002015: 4. Participate in national income.
p.002015: Article 288. The organic law of territorial ordinance shall establish the distribution of powers between the
p.002015: Nation and territorial entities.
p.002015: The powers attributed to the different territorial levels will be exercised in accordance with the principles of
p.002015: coordination, concurrence and subsidiarity in the terms established by law.
p.002015: Article 289. By mandate of the law, departments and municipalities located in areas
p.002015: Of the General Provisions
p.002015: (Articles 283-289)
p.002015: POLITICAL CONSTITUTION COLOMBIA 81
p.002015: borders may advance directly with the neighboring territorial entity of the neighboring country, of equal level,
p.002015: cooperation and integration programs, aimed at promoting community development, the provision of
p.002015: public services and the preservation of the environment.
p.002015: Article 290. With the fulfillment of the requirements and formalities that the law indicates, and in the cases that this
p.002015: determine, the periodic review of the boundaries of territorial entities will be conducted and the map will be published
p.002015: Republic official.
p.002015: Article 291. The members of the public corporations of the territorial entities may not accept office
p.002015: Some in the public administration, and if they do, they will lose their endowment.
p.002015: The comptrollers and representatives will only attend the boards of directors and boards of directors that operate in the
p.002015: respective territorial entities, when expressly invited for specific purposes.
p.002015: Article 292. The deputies and councilors and their relatives within the degree indicated by law may not form
p.002015: part of the boards of directors of the decentralized entities of the respective department, district or municipality.
p.002015: Spouses or partners may not be appointed officials of the corresponding territorial entity
...

p.002015: of public functions in territorial entities. The law will also dictate the other provisions necessary for its
p.002015: choice and performance of functions.
p.002015: Article 294. The law may not grant exemptions or preferential treatment in relation to taxes of
p.002015: ownership of territorial entities. Nor may you impose surcharges on your taxes except as provided in the
p.002015: Article 317
p.002015: Article 295. Territorial entities may issue titles and bonds of public debt, subject to
p.002015: financial market conditions and also to contract external credit, all in accordance with the law that regulates
p.002015: The matter.
p.002015: Article 296. For the preservation of public order or for its restoration where disturbed, the acts and
p.002015: orders of the President of the Republic will be applied immediately and preferably on those of the governors;
p.002015: the acts and orders of the governors will be applied in the same way and with the same effects in relation to those of
p.002015: the mayors.
p.002015: EPISODE 2
p.002015: OF THE DEPARTMENTAL REGIME
p.002015: Article 297. The National Congress may decree the formation of new departments, provided that
p.002015: meet the requirements of the Organic Law of Territorial Planning and once verified the
p.002015: procedures, studies and popular consultation provided by this Constitution.
p.002015: Article 298. The departments have autonomy for the administration of sectional matters.
p.002015: and planning and promotion of economic and social development within its territory in the terms
p.002015: established by the Constitution.
p.002015: The departments exercise administrative, coordinating, and complementary functions of the action
p.002015: municipal, intermediation between the nation and the municipalities and provision of the services that determine the
p.002015: Constitution and laws.
p.002015: From the Departmental Regime
p.002015: (Articles 290-298)
p.002015: 82 COLOMBIA POLITICAL CONSTITUTION
p.002015: The law will regulate what is related to the exercise of the powers granted by the Constitution.
p.002015: Article 299. Legislative Act 01 of 2007, article 3. Article 299 of the Political Constitution of Colombia
p.002015: it will look like this:
p.002015: In each department there will be a political-administrative corporation of popular choice that will be called
p.002015: departmental assembly, which will be composed of no less than 11 members or more than 31. Said corporation
p.002015: enjoy administrative autonomy and its own budget, and may exercise political control over the administration
p.002015: departmental.
p.002015: The regime of disabilities and incompatibilities of the deputies will be set by law. It can't be less
p.002015: strict that the one indicated for the congressmen in what corresponds. The term of the deputies will be four years
p.002015: and will have the quality of public servants.
p.002015: In order to be elected as a deputy, it is required to be a practicing citizen, not to have been sentenced
p.002015: deprived of liberty, with the exception of political or guilty crimes and having resided in the respective
p.002015: constituency during the year immediately preceding the date of the election.
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p.002015: Official will be separated from his position. If rejected, no other may be presented on the same subject to
p.002015: Unless they are moved by new facts. The resignation of the official in respect of which it has been promoted
p.002015: motion of censure does not prevent it from being approved in accordance with the provisions of this article.
p.002015: Article 301. The law shall indicate the cases in which the assemblies may delegate to the municipal councils the
p.002015: functions that she determines. At any time, the assemblies may resume the exercise of the functions
p.002015: delegates
p.002015: Article 302. The law may establish for one or several departments different capacities and competences of
p.002015: administrative and fiscal management other than those indicated for them in the Constitution, in response to
p.002015: the need to improve the administration or provision of public services in accordance with their
p.002015: population, economic and natural resources and social, cultural and ecological circumstances.
p.002015: In development of the foregoing, the law may delegate, to one or several departments, powers of the
p.002015: national public bodies or entities.
p.002015: Article 303. Legislative Act 02 of 2002, article 1. Article 303 of the Political Constitution will read as follows:
p.002015: “In each of the departments there will be a Governor who will be head of the sectional administration and
p.002015: legal representative of the department; the governor will be agent of the President of the Republic for the
p.002015: maintenance of public order and for the execution of general economic policy, as well as for those matters
p.002015: that through agreements the nation agrees with the department. The governors will be popularly elected to
p.002015: institutional periods of four (4) years and may not be re-elected for the following period ”.
p.002015: The law will set the qualities, requirements, disabilities and incompatibilities of the governors;
p.002015: regulate your choice; will determine your faults
p.002015: Of the Departmental Regime
p.002015: (Articles 301-303)
p.002015: 84 POLITICAL CONSTITUTION COLOMBIA
p.002015: absolute and temporary; and how to fill in the latter and will dictate the other provisions necessary for the
p.002015: Normal performance of their positions.
p.002015: Whenever there is an absolute fault more than eighteen (18) months after the end of the period,
p.002015: He will choose governor for the remaining time. In case I miss less than eighteen
p.002015: (18) months, the President of the Republic will designate a Governor for the remainder of the period, respecting the
p.002015: party, political group or coalition by which the elected governor was registered.
p.002015: Article 304. The President of the Republic, in cases specifically indicated by law, shall suspend or
p.002015: will dismiss the governors.
p.002015: Its regime of disabilities and incompatibilities shall not be less strict than that established for the President of
p.002015: the Republic.
p.002015: Article 305. The powers of the governor are:
p.002015: 1. Comply with and enforce the Constitution, laws, government decrees and ordinances of the
p.002015: Departmental Assemblies
p.002015: 2. Direct and coordinate the administrative action of the department and act on its behalf as manager and promoter of the
p.002015: integral development of its territory, in accordance with the Constitution and laws.
p.002015: 3. Direct and coordinate national services under the conditions of the delegation conferred by the President of the
p.002015: Republic.
p.002015: 4. Timely submit to the departmental assembly the ordinance projects on plans and programs of
p.002015: economic and social development, public works and annual budget of income and expenses.
p.002015: 5. Appoint and freely remove managers or directors of public establishments and companies
p.002015: industrial or commercial department. The representatives of the department on the boards of directors of
p.002015: such agencies and their directors or managers are agents of the governor.
p.002015: 6. Promote in accordance with general plans and programs, companies, industries and activities
p.002015: suitable for cultural, social and
p.002015: economic department that do not correspond to the nation and municipalities.
p.002015: 7. Create, suppress and merge the jobs of their dependencies, point out their special functions and set their
p.002015: emoluments subject to the law and the respective ordinances. You will not be able to charge the departmental treasure
p.002015: create obligations that exceed the overall amount set for the respective service in the budget
p.002015: initially approved.
p.002015: 8. Suppress or merge departmental entities in accordance with ordinances.
p.002015: 9. Object for reasons of unconstitutionality, illegality or inconvenience, ordination projects, or
p.002015: sanction them and promulgate them.
p.002015: 10. Review the acts of municipal councils and mayors and, for reasons of unconstitutionality or
p.002015: illegality, refer them to the competent court to decide on their validity.
p.002015: 11. Ensure the exact collection of departmental income, decentralized entities and those that
p.002015: are subject to transfers by the nation.
p.002015: 12. Convene the departmental assembly to extraordinary sessions in which it will only deal with the issues and
p.002015: matters for which it was convened.
p.002015: 13. Choose from the lists sent by the respective national chief, the sectional managers or chiefs of the
p.002015: public establishments of the national order that operate in the department, in accordance with the law.
p.002015: 14. Exercise the administrative functions delegated by the President of the Republic.
p.002015: 15. The others indicated by the Constitution, laws and ordinances.
p.002015: Article 306. Two or more departments may be constituted in administrative and planning regions, with
p.002015: legal status, autonomy and equity. Its main purpose will be economic and social development
p.002015: of the respective territory.
p.002015: Article 307. The respective organic law, prior concept of the Planning Commission
p.002015: Of the Departmental Regime
p.002015: (Articles 304-307)
p.002015: COLOMBIA POLITICAL CONSTITUTION 85
p.002015: Territorial, it will establish the conditions to request the conversion of the region into a territorial entity. The
p.002015: decision taken by the Congress will be submitted in each case to a referendum of the citizens of the departments
p.002015: interested.
p.002015: The same law shall establish the powers, administrative bodies, and resources of the regions and their
p.002015: participation in the management of income from the National Royalties Fund. Likewise, it will define the
p.002015: principles for the adoption of the special status of each region.
p.002015: Article 308. The law may limit departmental appropriations destined to honorary deputies and to
p.002015: operating expenses of assemblies and departmental comptrollers.
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p.002015: 3. Promote public investments in their territories and ensure their proper execution.
p.002015: 4. Perceive and distribute your resources.
p.002015: 5. Ensure the preservation of natural resources.
p.002015: 6. Coordinate the programs and projects promoted by the different communities in their territory.
p.002015: 7. Collaborate with the maintenance of public order within its territory in accordance with the instructions and
p.002015: provisions of the national government.
p.002015: 8. Represent the territories before the national Government and the other entities to which they are integrated; Y
p.002015: 9. Those indicated by the Constitution and the law.
p.002015: Paragraph. The exploitation of natural resources in the indigenous territories will be done without detracting from the
p.002015: cultural, social and economic integrity of indigenous communities. In the decisions taken regarding
p.002015: such exploitation, the Government will encourage the participation of the representatives of the respective
p.002015: communities
p.002015: Article 331. Create the Regional Autonomous Corporation of the Rio Grande de la Magdalena responsible for the recovery
p.002015: of navigation, port activity, adaptation and conservation of land, generation and distribution
p.002015: of energy and the use and preservation of the environment, ichthyological resources and other natural resources
p.002015: renewable.
p.002015: The law will determine its organization and sources of financing, and define in favor of the riverside municipalities a
p.002015: special treatment in the allocation of royalties and their share of income
p.002015: currents of the nation.
p.002015: Of the Special Regime
p.002015: (Articles 327-331)
p.002015: POLITICAL CONSTITUTION COLOMBIA 91
p.002015: TITLE XII
p.002015: OF THE ECONOMIC AND PUBLIC FINANCE REGIME
p.002015: CHAPTER 1
p.002015: OF THE GENERAL PROVISIONS
p.002015: Article 332. The State owns the subsoil and non-renewable natural resources, without
p.002015: prejudice of the rights acquired and perfected in accordance with the pre-existing laws.
p.002015: Article 333. Economic activity and private initiative are free, within the limits of the common good. For
p.002015: its exercise, no one may require prior permits or requirements, without authorization of the law.
p.002015: Free economic competition is a right of all that involves responsibilities.
p.002015: The company, as the basis of development, has a social function that implies obligations. The State will strengthen the
p.002015: Solidarity organizations and will stimulate business development.
p.002015: The State, by mandate of the law, will prevent the obstruction or restriction of economic freedom and will prevent or control
p.002015: any abuse that people or companies make of their dominant position in the national market.
p.002015: The law will delimit the scope of economic freedom when required by the social interest, the environment and the environment.
p.002015: cultural heritage of the nation.
p.002015: Article 334. Legislative Act 03 of 2011, article 1. Article 334 of the Political Constitution will read as follows:
p.002015: The general direction of the economy will be in charge of the State. This will intervene, by mandate of the law, in the
p.002015: exploitation of natural resources, in land use, in the production, distribution, use and consumption of
p.002015: goods, and in public and private services, to rationalize the economy in order to achieve
p.002015: national and territorial level, within a framework of fiscal sustainability, the
p.002015: improvement of the quality of life of the inhabitants, the equitable distribution of opportunities and
p.002015: benefits of the development and preservation of a healthy environment. This fiscal sustainability framework must work
p.002015: as an instrument to progressively achieve the objectives of the Social Rule of Law. In any case the
p.002015: Public social spending will be a priority.
p.002015: The State, in a special way, will intervene to give full employment to human resources and ensure, in a manner
p.002015: progressive, that all people, particularly those with lower incomes, have effective access to all
p.002015: basic goods and services. Also to promote productivity and competitiveness and the harmonious development of re-
p.002015: gions
p.002015: Fiscal sustainability should guide the Branches and Bodies of the Public Power, within their
p.002015: competencies, within a framework of harmonic collaboration.
p.002015: The Attorney General or one of the Ministers of the Government, once the sentence has been delivered by anyone
p.002015: of the maximum judicial corporations, they may request the opening of a Fiscal Impact Incident, whose procedure
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p.002015: Items of this nature, as defined by the respective organic law. Except in cases of war
p.002015: external or for reasons of national security, social public spending will have priority over any other
p.002015: assignment.
p.002015: The number of people with needs will be taken into account in the territorial distribution of social public expenditure
p.002015: unsatisfied basic, population, and fiscal and administrative efficiency, according to regulations that will make the
p.002015: law.
p.002015: The investment budget cannot be reduced in percentage terms in relation to the previous year with respect to the
p.002015: total expenditure of the corresponding appropriations law.
p.002015: Article 351. The Congress may not increase any of the budget items proposed by the
p.002015: Government, or include a new one, but with the written acceptance of the minister of the branch.
p.002015: Congress may eliminate or reduce items of expenditure proposed by the Government, with the exception of those
p.002015: they need for the service of the public debt, the other contractual obligations of the State, the attention
p.002015: full of the ordinary services of the administration and the investments authorized in the plans and programs to
p.002015: referred to in article 341.
p.002015: If the calculation of income is raised, or if some of the project items are eliminated or decreased
p.002015: respectively, the amounts thus available, without exceeding their amount, may be applied to other investments or expenses
p.002015: authorized as prescribed in the final paragraph of article 349 of the Constitution.
p.002015: Article 352. In addition to the provisions of this Constitution, the Organic Law of the Budget shall regulate the
p.002015: corresponding to the programming, approval, modification, execution of the nation's budgets, of the
p.002015: territorial entities and decentralized entities of any administrative level, and their coordination with
p.002015: the National Development Plan, as well as the capacity of state agencies and entities to
p.002015: contract.
p.002015: Article 353. The principles and provisions set forth in this title shall apply, in whatever case.
p.002015: pertinent, to the territorial entities, for the elaboration, approval and execution of its budget.
p.002015: Of the budget
p.002015: (Articles 348-353)
p.002015: 96 COLOMBIA POLITICAL CONSTITUTION
p.002015: Article 354. There will be a General Accountant, official of the Executive Branch, who will keep the accounting
p.002015: general of the nation and will consolidate this with that of its territorially or services decentralized entities,
p.002015: Whatever the order to which they belong, except for the execution of the Budget, whose
p.002015: Competition is attributed to the Comptroller.
p.002015: The functions of uniforming, centralizing and consolidating public accounting correspond to the General Accountant,
p.002015: Prepare the balance sheet and determine the accounting standards that must govern the country, in accordance with the law.
p.002015: Paragraph. Six months after completion
p.002015: the fiscal year, the national government will send to the
p.002015: I pay the balance of the Treasury, audited by the Office of the Comptroller General of the Republic, for its knowledge and
p.002015: analysis.
p.002015: Article 355. None of the branches or organs of public power may decree aid or grants in favor of
p.002015: natural or legal persons under private law.
p.002015: The Government, at the national, departmental, district and municipal levels may, with resources from the respective
p.002015: budgets, enter into contracts with private non-profit entities and of recognized suitability in order to
p.002015: promote public interest programs and activities in accordance with the National Plan and the Sectional Plans of
p.002015: Developing. The national government will regulate the matter.
p.002015: CHAPTER 4
p.002015: OF THE DISTRIBUTION OF RESOURCES AND COMPETENCES
p.002015: Article 356. Legislative Act 01 of 2001, article 2. Article 356 of the Political Constitution will read as follows:
p.002015: Except as provided by the Constitution, the law, at the initiative of the Government, will set the services in charge of the nation and
p.002015: of departments, districts, and municipalities. In order to serve the services charged to them and to provide
p.002015: the resources to adequately finance its provision, the General Participation System of the
p.002015: departments, districts and municipalities.
p.002015: The districts will have the same powers as the municipalities and departments for the purposes of the
p.002015: distribution of the General Participation System established by law.
p.002015: For these purposes, indigenous territorial entities, once constituted, will be beneficiaries. Likewise, the
p.002015: law will establish as beneficiaries the indigenous reservations, as long as these have not been constituted
p.002015: indigenous territorial entity.
p.002015: Legislative Act 04 of 2007, article 1. Section 4 of article 356 of the Political Constitution
p.002015: it will look like this: The resources of the General Participation System of the departments, districts and municipalities will be
p.002015: will allocate to the financing of the services under their care, giving priority to the health service, the
p.002015: education, preschool, primary, secondary and middle school services, and home drinking water services
p.002015: and basic sanitation, guaranteeing the provision and expansion of coverage with an emphasis on the population
p.002015: poor.
p.002015: Taking into account the principles of solidarity, complementarity and subsidiarity, the law will indicate the cases in which
p.002015: which the nation may attend to the financing of the expenses in the services that are indicated by the law
p.002015: as of competence of the departments, districts and municipalities.
p.002015: The law will regulate the distribution criteria of the General Participation System of the departments,
p.002015: districts, and municipalities, in accordance with the competences assigned to each of these entities; Y
p.002015: it will contain the necessary provisions to put into operation the General Participation System of these,
p.002015: incorporating principles on distribution that take into account the following criteria:
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 354-356)
p.002015: COLOMBIA 97 POLITICAL CONSTITUTION
p.002015: a) Legislative Act 04 of 2007, article 2. The a) of article 356 of the Political Constitution will read as follows:
p.002015: For education, health and drinking water and basic sanitation: population served and to be served, distribution between
p.002015: urban and rural population, administrative and fiscal efficiency, and equity. In the distribution by entity
p.002015: territorial of each of the components of the General Participation System, priority will be given to factors
p.002015: that favor the poor population, in the terms established by law.
p.002015: b) For other sectors: population, distribution between population and urban and rural, administrative and fiscal efficiency, and
p.002015: relative poverty
p.002015: Skills cannot be decentralized without prior allocation of sufficient fiscal resources for
p.002015: attend them.
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p.002015: special, that for this purpose the regulations in force for the
p.002015: municipalities.
p.002015: Legislative Act 04 of 2007, article 3. Add to article 356 of the Political Constitution the following
p.002015: subsections: The national government will define
p.002015: a strategy of monitoring, monitoring and integral control of the expenditure executed by the entities
p.002015: with resources from the General Participation System, to ensure compliance with the
p.002015: coverage and quality goals. This strategy should strengthen the spaces for citizen participation in
p.002015: social control and accountability processes.
p.002015: Legislative Act 04 of 2007, article 3. In addition to article 356 of the Political Constitution,
p.002015: following sections: To give application and compliance with the provisions of the preceding paragraph, the Government
p.002015: national, in a term not exceeding six
p.002015: (6) months counted from the issuance of this legislative act, will regulate, among other aspects,
p.002015: the pertinent to define the events in which the adequate provision of the services in charge of
p.002015: territorial entities, the measures that can be taken to avoid such a situation and the effective determination of
p.002015: corrective measures necessary.
p.002015: Article 357. Legislative Act 04 of 2007, article 4. Article 357 of the Political Constitution will read as follows:
p.002015: The General Participation System of the departments, districts and municipalities will be increased annually by a
p.002015: percentage equal to the average of the percentage variation that the current income of the nation has had during
p.002015: the four (4) previous years, including that corresponding to the capacity of the budget in execution.
p.002015: For the purposes of calculating the variation of the current income of the nation referred to in subsection
p.002015: above, taxes that are arbitrated by measures of state of exception will be excluded unless Congress,
p.002015: during the following year, grant them permanent status.
p.002015: Seventeen percent (17%) of the General Purpose resources of the General Participation System will be
p.002015: distributed among municipalities with a population of less than 25,000 inhabitants. These resources will be allocated
p.002015: exclusively for investment, in accordance with the powers assigned by law.
p.002015: On the Distribution of Resources and Competencies
p.002015: (Article 357)
p.002015: 98 COLOMBIA POLITICAL CONSTITUTION
p.002015: These resources will be distributed based on the same population and poverty criteria defined by the law for
p.002015: General Purpose Participation.
p.002015: Municipalities classified in the fourth, fifth and sixth categories, in accordance with current regulations,
p.002015: may freely allocate, for investment and other expenses inherent to the operation of the administration
p.002015: municipal, up to forty-two (42%) of the resources received by the General System of
p.002015: General Purpose Participations, except for resources distributed in accordance with subsection
p.002015: previous.
p.002015: When a territorial entity reaches universal coverage and meets quality standards
p.002015: established by the competent authorities, in the education, health and / or public services sectors
p.002015: domiciliary of drinking water and basic sanitation, previous certification of the competent national entity, may
p.002015: allocate surplus resources to investment in other sectors within its competence. The national government will regulate
p.002015: The matter.
...

p.002015: established in the previous transitory paragraphs for the education sector. The evolution of said growth
p.002015: additional will be like this: in the years 2008 and 2009 of one point three percent (1.3%), in the year 2010 of one
p.002015: point six percent (1.6%), and during the years 2011 to 2016 one point eight percent (1.8%). In each of
p.002015: These years, this additional increase in the System will not generate a basis for the liquidation of the SGP
p.002015: next validity. These resources will be allocated for coverage and quality.
p.002015: Transitional Paragraph 4. The national government will define criteria and transitions in the application
p.002015: of the results of the last census carried out, with the purpose of avoiding the negative effects derived from the
p.002015: variations of the census data in the distribution of the General Participation System. The System will guide the
p.002015: resources necessary so that by no means, the resources they receive are reduced
p.002015: the territorial entities currently.
p.002015: Article 358. For the purposes contemplated in the two preceding articles, current income is understood as the
p.002015: constituted by tax and non-tax revenues with the exception of capital resources.
p.002015: Article 359. There will be no national income from
p.002015: specific destination
p.002015: They are excepted:
p.002015: 1. The shares provided for in the Constitution in favor of departments, districts and municipalities.
p.002015: 2. Those destined for social investment.
p.002015: On the Distribution of Resources and Competencies (Articles
p.002015: 358-359)
p.002015: COLOMBIA 99 POLITICAL CONSTITUTION
p.002015: 3. Those which, based on previous laws, the nation assigns to social security entities and the former
p.002015: Intentions and police stations.
p.002015: Article 360. Legislative Act 05 of 2011, article 1. Article 360 ​​of the Political Constitution will read as follows:
p.002015: The exploitation of a non-renewable natural resource will cause, in favor of the State, an economic consideration to
p.002015: royalty title, without prejudice to any other right or compensation that is agreed. The law will determine the
p.002015: conditions for the exploitation of non-renewable natural resources.
p.002015: Through another law, at the initiative of the Government, the law will determine the distribution, objectives, purposes, and
p.002015: administration, execution, control, efficient use and allocation of income from the former
p.002015: plotting of non-renewable natural resources specifying the conditions of participation of its beneficiaries.
p.002015: This set of income, allocations, organs, procedures and regulations constitutes the General System of
p.002015: Royalties.
p.002015: Article 361. Legislative Act 05 of 2011, article 2. Article 361 of the Political Constitution will read as follows:
p.002015: Revenue from the General Royalty System will be used to finance projects for development
p.002015: social, economic and environmental of territorial entities; to savings for your pension liability; for
p.002015: physical investments in education, for investments in science, technology and innovation; for the generation
p.002015: public savings; for the inspection of exploration and exploitation of deposits and knowledge and
p.002015: underground geological mapping; and to increase the overall competitiveness of the economy, seeking to improve
...

p.002015: Savings and Stabilization.
p.002015: The Science, Technology and Innovation and Regional Development Funds will have the purpose of financing
p.002015: regional projects agreed between the territorial entities and the national Government.
p.002015: The resources of the Regional Compensation Fund will be used to finance regional impact projects or
p.002015: local development in the poorest territorial entities of the country, according to Needs criteria
p.002015: Basic Unsatisfied (NBI), population and unemployment, and with priority in coastal, border and coastal areas
p.002015: periphery. The duration of the Regional Compensation Fund will be thirty (30) years, counted from the entry
p.002015: in force of the law referred to in subsection 2 of the previous article. After this period, these
p.002015: resources will be allocated to the Regional Development Fund.
p.002015: The resources of the Savings and Stabilization Fund, as well as their returns, will be managed by the Bank of
p.002015: the Republic in the terms established by the national Government. In periods of dissaving, the distribution of
p.002015: These resources among the other components of the System shall be governed by the criteria defined by the law to which
p.002015: refers to subsection 2 of the previous article.
p.002015: In case the resources allocated annually to the Savings and Stabilization Fund exceed thirty percent
p.002015: (30%) of the annual income of the General Royalty System, such surplus will be distributed among the other components
p.002015: of the System, in accordance with the terms and conditions defined by the law referred to in subsection 2 of the article
p.002015: previous.
p.002015: Paragraph 1. The resources of the General Royalty System will not be part of the General Budget of the Nation,
p.002015: nor of the General Participation System. The General Royalty System will have its own system
p.002015: budget that will be governed by the norms contained in the law referred to in subsection 2 of the previous article.
p.002015: In any case, the Congress of the Republic will issue the budget of the General Royalties System biannually.
p.002015: Paragraph 2. The execution of the resources corresponding to the direct assignments referred to in the subsection
p.002015: 2 of this article, as well as the resources of the Science, Technology and Innovation Funds; from
p.002015: Regional Development, and Regional Compensation, will be done in accordance with the National Development Plan and the
p.002015: development plans of territorial entities.
p.002015: The priority projects that will be financed with these resources will be defined by collegiate bodies of
p.002015: administration and decision, in accordance with the provisions of the law regulating the General System of
p.002015: Royalties. In the case of the departments referred to in subsection 2 of this article, the organs
p.002015: Administrative and decision colleges will be composed of two (2) Ministers or their delegates, the governor
p.002015: respective or its delegate, and a representative number of mayors. The law that regulates the General Royalty System
p.002015: may create advisory committees for the collegiate bodies of administration and decision, with
p.002015: Participation of civil society. As for the municipalities and / or districts referred to in subsection 2 of the
p.002015: In this article, the collegiate bodies of administration and decision will be made up of a delegate of the
p.002015: National government, the governor or his delegate and the mayor.
p.002015: The programs and / or projects in science, technology and innovation of the departments, municipalities and districts that are
...

p.002015: the date of promulgation of the present legislative act, to file before the Congress of the Republic the draft of
p.002015: law referred to in subsection 2 of the previous article, which adjusts the royalty regime to the new framework
p.002015: constitutional.
p.002015: Once the bill referred to in the preceding paragraph is filed, the Congress of the Republic will count
p.002015: with a term that may not exceed nine (9) months for approval. If this term has expired, the
p.002015: law by the Congress, the President is authorized for one (1) month
p.002015: of the Republic to issue decrees with force of law to regulate the matter.
p.002015: 5th transitory paragraph. The General Royalty System will be effective as of January 1, 2012. If by this date
p.002015: the law referred to in subsection 2 of the previous article has not entered into force, the national government will guarantee the
p.002015: operation of the System by means of transitory decrees with force of law, which will be issued no later than December 31,
p.002011: 2011
p.002011: 6th transitory paragraph. To ensure the execution of the resources in force 2012, the National Government
p.002011: issue the budget of the General Royalty System for the aforementioned fiscal term, by means of a decree with
p.002011: force of law
p.002011: Article 362. Tax and non-tax assets and income or arising from the exploitation of monopolies of the
p.002011: territorial entities are their exclusive property and enjoy the same guarantees as the property and income of
p.002011: individuals.
p.002011: Departmental and municipal taxes enjoy constitutional protection and, consequently, the law cannot
p.002011: transfer them to the nation, except temporarily in case of foreign war.
p.002011: Article 363. The tax system is based on the principles of equity, efficiency and progressivity.
p.002011: Tax laws will not be applied retroactively.
p.002011: Article 364. The internal and external indebtedness of the nation and territorial entities may not exceed their
p.002011: payment capacity. The law will regulate the matter.
p.002011: On the Distribution of Resources and Competencies (Articles
p.002011: 362-364)
p.002011: POLITICAL CONSTITUTION COLOMBIA 103
p.002011: CHAPTER 5
p.002011: OF THE SOCIAL PURPOSE OF THE STATE AND PUBLIC SERVICES
p.002011: Article 365. Public services are inherent to the social purpose of the State. It is the duty of the State to ensure its
p.002011: Efficient provision to all inhabitants of the national territory.
p.002011: Public services shall be subject to the legal regime established by law, may be provided by the
p.002011: State, directly or indirectly, by organized communities, or by individuals. In any case, the State
p.002011: will maintain the regulation, control and surveillance of said services. If for reasons of sovereignty or interest
p.002011: social, the State, by law approved by the majority of the members of either Chamber, at the initiative of the
p.002011: The government decides to reserve certain strategic activities or public services, must pay prior and full compensation.
p.002011: Only those persons who, under said law, are deprived of the exercise of a lawful activity.
p.002011: Article 366. The general welfare and improvement of the population's quality of life are
p.002011: social purposes of the State. The solution of the needs will be the fundamental objective of its activity
p.002011: Unsatisfied with health, education, environmental sanitation and drinking water.
p.002011: For such purposes, in the plans and budgets of the nation and territorial entities, social public spending
p.002011: It will have priority over any other assignment.
p.002011: Article 367. The law shall determine the powers and responsibilities related to the provision of public services.
p.002011: domiciliary, its coverage, quality and financing, and the rate regime it will have
p.002011: in addition to the cost criteria, those of solidarity and income redistribution.
p.002011: Home public services will be provided directly by each municipality when the technical characteristics
p.002011: and economic service and general conveniences allow and advise, and the departments will comply
p.002011: support and coordination functions.
p.002011: The law will determine the competent entities
p.002011: to set the rates.
p.002011: Article 368. The nation, departments, districts, municipalities and decentralized entities
p.002011: may grant subsidies, in their respective budgets, so that people with lower incomes can
p.002011: pay the tariffs of the domiciliary public services that cover your basic needs.
p.002011: Article 369. The law shall determine the duties and rights of users, the regime of their protection and their forms of protection.
p.002011: participation in the management and control of the state companies that provide the service. It will also define the
p.002011: participation of municipalities or their representatives, in the entities and companies that provide public services
p.002011: domiciliary blicos.
p.002011: Article 370. It is the responsibility of the President of the Republic to indicate, subject to the law, the general policies
p.002011: of administration and control of efficiency of domiciliary public services and exercise through the
p.002011: Superintendence of Domiciliary Public Services, control, inspection and surveillance of the entities that
p.002011: lend.
p.002011: CHAPTER 6
p.002011: OF THE CENTRAL BANK
p.002011: Article 371. The Bank of the Republic shall exercise the functions of central banking. Will be organized as a person
p.002011: Law of public law, with administrative, patrimonial and technical autonomy, subject to its own legal regime.
p.002011: The basic functions of the Bank of the Republic will be: to regulate the currency, international changes and credit;
p.002011: issue the legal currency; manage international reserves; be a lender of last resort and banker
p.002011: of the establishments
p.002011: On the Social Purpose of the State and Public Services (Articles
p.002011: 365-371)
p.002011: 104 COLOMBIA POLITICAL CONSTITUTION
p.002011: of credit; and serve as a government fiscal agent. All of them will be exercised in coordination with the policy
p.002011: general economic
p.002011: The Bank will report to the Congress on the execution of the policies under its charge and on others
p.002011: matters that are requested.
p.002011: Article 372. The Board of Directors of the Bank of the Republic shall be the monetary, exchange and credit authority,
p.002011: according to the functions assigned by law. He will be in charge of the direction and execution of the functions of the Bank
p.002011: and it will consist of seven members, among them the Minister of Finance, who will preside over it. The Manager of
p.002011: Bank will be elected by the board of directors and will be a member of it. The remaining five members, dedication excluded
p.002011: siva, will be appointed by the President of the Republic for four-year extendable periods, replaced two
p.002011: of them, every four years. The members of the board of directors will exclusively represent the interest of the nation.
p.002011: The Congress will dictate the law to which the Bank of the Republic must adhere to for the exercise of its functions and the
p.002011: rules subject to which the Government will issue the Bank's bylaws in the
p.002011: to determine, among other aspects, the form of your organization, its legal regime, the functioning of its board
p.002011: directive and of the board of directors, the period of the manager, the rules for the constitution of its
p.002011: reserves, including those of exchange and monetary stabilization, and the fate of their surpluses
p.002011: utilities
p.002011: The President of the Republic shall inspect, supervise and control the Bank in the terms indicated by the
p.002011: law.
p.002011: Article 373. The State, through the Bank of the Republic, shall ensure the maintenance of capacity.
p.002011: Purchase of the currency. The Bank may not establish credit quotas, nor grant guarantees in favor of
p.002011: individuals, except in the case of external credit intermediation for placement by means of
p.002011: credit establishments, or temporary liquidity support for them. The operations of
p.002011: financing in favor of the State will require the unanimous approval of the board of directors, unless it is a matter of
p.002011: open market operations. In no case may the legislature order credit quotas in favor of the
p.002011: State or individuals.
p.002011: From the Central Bank
p.002011: (Articles 372-373)
p.002011: COLOMBIA 105 POLITICAL CONSTITUTION
p.002011: TITLE XIII
p.002011: OF THE REFORM OF THE CONSTITUTION
p.002011: Article 374. The Political Constitution may be amended by Congress, by an Assembly.
p.002011: Constituent or by the people through referendum.
...

p.002011: (Articles 374-380)
p.002011: 106 COLOMBIA POLITICAL CONSTITUTION
p.002011: TRANSITORY DISPOSITIONS
p.002011: CHAPTER 1
p.002011: Transitory article 1. Convene the general elections of the Congress of the Republic for October 27
p.001991: 1991
p.001991: The Congress thus elected will have the period ending July 19, 1994.
p.001991: The Civil Registry Office will open a period of registration of citizenship cards.
p.001991: Transitory article 2. Delegates of the Assembly may not be candidates in said election
p.001991: Full constituent or the current Ministers of the Office.
p.001991: Nor may officials of the Executive Branch who have not resigned from their position before 14
p.001991: June 1991
p.001991: Transitory article 3. While installing, on December 1, 1991 the new Congress, the current one and its
p.001991: commissions will go into recess and may not exercise any of their powers either on their own initiative or by
p.001991: call of the President of the Republic.
p.001991: Transitory article 4. The Congress elected on October 27, 1991 will ordinarily meet as follows:
p.001991: From December 1 to 20, 1991 and from January 14 to June 26, 1992. As of July 20, 1992, your regime
p.001991: of sessions will be the one prescribed in this Constitution.
p.001991: Transitory article 5. Check the President of the Republic for precise extraordinary powers to:
p.001991: a) Issue the rules organized by the Office of the Attorney General and the rules of criminal procedure;
p.001991: b) Regulate the right of guardianship;
p.001991: c) Take the necessary administrative measures for the operation of the Constitutional Court and the Superior Council
p.001991: of the Judiciary;
p.001991: d) Issue the General Budget of the Nation for the validity of 1992;
p.001991: e) Issue transitory regulations to decongest judicial offices.
p.001991: Transitory article 6. Create a Special Commission of thirty-six members elected by electoral quotient
p.001991: by the National Constituent Assembly, half of which may be Delegates, which will meet between
p.001991: on July 15 and October 4, 1991 and between November 18, 1991 and the day of the installation of the new
p.001991: Congress. The election will be held in a session convened for this purpose on July 4, 1991.
p.001991: This Special Commission will have the following powers:
p.001991: a) Improving by majority of its members, in whole or in part, the draft decrees prepared by the Government
p.001991: national in the exercise of the extraordinary powers granted to the President of the Republic by article
p.001991: above and in other provisions of this Constituent Act, except those of appointments.
p.001991: Improper items may not be issued by the Government.
p.001991: b) Prepare the bills deemed appropriate to develop the Constitution. The Special Commission
p.001991: may submit said projects for discussion and approval by the Congress of the Republic.
p.001991: c) Regulate its operation.
p.001991: Paragraph. If the Special Commission does not approve before December 15, 1991 the draft budget for the
p.001991: fiscal validity of 1992, will govern the one of the previous year, but the Government will be able to reduce expenses, and, consequently,
p.001991: abolish or merge jobs, when advised by the income calculations of the new fiscal year.
p.001991: Transitory dispositions
p.001991: (Articles 1-6)
p.001991: COLOMBIA POLITICAL CONSTITUTION 107
p.001991: Transitory article 7. The President of the Republic shall designate a representative of the Government before the
p.001991: Special Commission, which will have a voice and initiative.
...

p.001991: suppress, merge or restructure the entities of the Executive Branch, public establishments,
p.001991: industrial and commercial enterprises and mixed economy societies of the national order, in order
p.001991: to bring them into line with the mandates of this constitutional reform and, especially, with the
p.001991: redistribution of skills and resources that it establishes.
p.001991: Transitional article 21. The legal norms that develop the principles set forth in article 125 of the
p.001991: Constitution will be issued by the Congress within the year following its installation. If in this period the Congress
p.001991: does not dictate them, the President of the Republic is empowered to issue them within three months.
p.001991: As of the issuance of the legal norms that regulate the career, the nominators of the public servants the
p.001991: They will apply within six months.
p.001991: Failure to comply with the terms indicated in the preceding paragraph shall be grounds for misconduct.
p.001991: While the rules referred to in this article are issued, those currently regulating will continue
p.001991: the matter as long as they do not contradict the Constitution.
p.001991: Transitory dispositions
p.001991: (Articles 17-21)
p.001991: CHAPTER 3
p.001991: POLITICAL CONSTITUTION COLOMBIA 109
p.001991: While issuing the decree provided for in the
p.001991: Transitory article 22. As long as the law does not set another number, the first Constitutional Court will be integrated
p.001991: by seven magistrates who will be appointed for a period of one year like this:
p.001991: Two by the President of the Republic; One by the Supreme Court of Justice; One by the State Council, and
p.001991: One by the Attorney General of the Nation.
p.001991: The magistrates so elected will designate the remaining two, from three lists presented by the President of the Republic.
p.001991: The election of the Magistrates that corresponds to the Supreme Court of Justice, to the State Council, to the President of
p.001991: the Republic and the Attorney General of the Nation must be made within five days of entering
p.001991: validity of this Constitution. Failure to comply with this duty will be cause for misconduct and if the
p.001991: election by any of the bodies mentioned in said term, it will be made by the remaining magistrates
p.001991: duly chosen
p.001991: Paragraph 1. The members of the Constituent Assembly may not be appointed magistrates of the Court
p.001991: Constitutional under this extraordinary procedure.
p.001991: Paragraph 2. The inability established in article 240 for the ministers and magistrates of the Supreme Court of
p.001991: Justice and the State Council is not applicable for the immediate integration of the Constitutional Court that provides
p.001991: this article.
p.001991: Transitional Article 23. Check the President of the Republic for precise extraordinary powers to
p.001991: that within two months after the promulgation of the Constitution dictates by decree, the regime
p.001991: procedural of the trials and actions that must be filed before the Constitutional Court.
p.001991: At all times the Congress may repeal or move
p.001991: Dify the rules so established.
p.001991: s 1 °, the operation of the Constitutional Court and the processing and dispatch of the matters under its charge shall be governed by
p.001991: the relevant norms of Decree 432 of 1969.
p.001991: Transitory article 24. Public actions of unconstitutionality instituted before June 1, 1991
p.001991: will continue to be processed and must be decided by the Supreme Court of Justice, within the deadlines indicated
p.001991: in decree 432 of 1969.
p.001991: Those that have started after the date cited must be referred to the Constitutional Court in the
p.001991: state in which they are.
p.001991: Once all the processes are failed by the Supreme Court of Justice in accordance with paragraph 1 of this article,
p.001991: its Constitutional Chamber will cease in the exercise of its functions.
p.001991: Transitory Article 25. The President of the Republic shall designate for the first and only time the members of the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary.
p.001991: The Administrative Chamber shall be integrated in accordance with the provisions of the first paragraph of article 254 of the
p.001991: Constitution.
p.001991: Transitional article 26. The proceedings that are currently being carried out in the Disciplinary Tribunal will continue
p.001991: processed without interruption by the magistrates of said corporation and will become known to the Chamber
p.001991: Disciplinary of the Superior Council of the Judiciary since its installation.
p.001991: Transitory article 27. The General Prosecutor's Office of the Nation will enter into operation when decrees are issued.
p.001991: extraordinary ones that organize it and those that establish the new penal procedures, in development of the
p.001991: powers granted by the National Constituent Assembly to the President of the Republic.
p.001991: In the respective decrees, however, it may be provided that the competence of the various
p.001991: Transitory dispositions
p.001991: (Articles 22-27)
p.001991: 110 POLITICAL CONSTITUTION COLOMBIA
p.001991: judicial offices are assigned as specific conditions allow, without exceeding 30
p.001991: June 1992, except for municipal criminal judges, whose implementation may be extended for the term
p.001991: four years from the issuance of this reform, as provided by the Superior Council of the
p.001991: Judiciary and the Attorney General of the Nation.
p.001991: The current prosecutors of the superior, criminal courts and customs superior courts, and of
p.001991: public order, will pass to the Attorney General's Office. The other prosecutors will be incorporated into the organic structure
p.001991: and to the staff of the Procuraduría. The Attorney General will indicate the denomination, functions and headquarters of
p.001991: these public servants, and may designate those who have been exercising said positions, retaining their remuneration
p.001991: and benefit regime.
p.001991: The Delegate Attorney's Office in Criminal Matters will continue in the structure of the Attorney General's Office.
p.001991: Likewise, they will pass to the Office of the Attorney General of the Nation, the national address and the sectional directorates of
p.001991: criminal instruction, the technical body of judicial police, and the criminal investigation courts of the
p.001991: ordinary justice, public order and customs criminal.
p.001991: The National Directorate of Legal Medicine of the Ministry of Justice, with its dependencies
p.001991: In addition, the Attorney General's Office will be integrated as a public establishment attached to it.
p.001991: The dependencies that are integrated into the Attorney General's Office will pass to it with all its human and material resources, in
p.001991: the terms indicated by the law that organizes it.
p.001991: Transitory article 28. While the law issuing to the judicial authorities the knowledge of the
p.001991: punishable acts currently punishable by arrest by police authorities, these will continue
p.001991: Knowing about them.
p.001991: Transitional Article 29. For the application at any time of the rules prohibiting the re-election of
p.001991: Judges of the Constitutional Court, of the Supreme Court of Justice and of the Council of State, only
p.001991: will take into account the elections that occur after the promulgation of this reform.
p.001991: Transitional article 30. Authorize the national government to grant pardons or amnesties for political crimes
p.001991: and related, committed prior to the promulgation of this Constituent Act, to members of
...

p.001991: functions until September 1, 1994.
p.001991: Transitory article 32. While the National Electoral Council is integrated in the terms
p.001991: established by the Constitution, the current composition of this body will be expanded with four members
p.001991: appointed by the State Council, from lists submitted by parties and movements that are not found
p.001991: represented therein, in the proportion of the results of the elections held on December 9,
p.001991: 1990, granting two to the majority list and one to each of the unrepresented lists that followed in votes.
p.001991: Such appointments must be made before July 15, 1991.
p.001991: Transitory dispositions
p.001991: (Articles 28-32)
p.001991: POLITICAL CONSTITUTION COLOMBIA 111
p.001991: Transitory article 33. The period of the current National Registrar of Civil Status ends on September 30,
p.001994: 1994
p.001994: The period of the National Registrar of the Civil Status referred to in this Constitution will start counting from
p.001994: from October 1, 1994.
p.001994: Transitory article 34. The President of the Republic, within a term not exceeding eight business days counted from
p.001994: from the promulgation of this Constitution, it will designate, for a period of three years, a citizen who will have the
p.001994: function to prevent ex officio, or at the request of a party, the use of resources originally from the treasury
p.001994: public, or from abroad, in the electoral campaigns that are carried out in the indicated term, except
p.001994: the financing of the electoral campaigns according
p.001994: to the Constitution or the law. For this purpose, you will have the right to request and obtain the collaboration of the Attorney General's Office.
p.001994: General of the Nation, of the Comptroller General of the Republic, of all public entities that exercise
p.001994: attributions of control and surveillance and of the bodies that exercise judicial police functions.
p.001994: The President of the Republic will regulate this rule and will give the designated citizen all the support
p.001994: administrative and financial that is indispensable.
p.001994: Transitory article 35. The National Electoral Council will automatically recognize legal personality to the
p.001994: political parties and movements represented in the National Constituent Assembly upon request.
p.001994: CHAPTER 5
p.001994: Transitory article 36. The current Comptroller General of the Republic and Attorney General of the Nation
p.001994: they will continue in the exercise of their positions, until the Congress elected for the constitutional period of
p.001994: 1994-1998, make the new election, which you must make within
p.001994: of the first thirty days following its installation.
p.001994: Transitory article 37. The first Ombudsman will be elected by the Attorney General of the Nation, from terna
p.001994: sent by the President of the Republic, within a period not exceeding thirty days.
p.001994: CHAPTER 6
p.001994: Transitional Article 38. The Government will organize and integrate, within six months, a Commission of
p.001994: Territorial Planning, in charge of carrying out the studies and formulating before the competent authorities the
p.001994: recommendations that consider the case to accommodate the territorial division of the country to the provisions of the
p.001994: Constitution. The Commission will fulfill its functions for a period of three years, but the law may give
p.001994: permanent character In this case, the same law will determine the periodicity with which it will present its proposals.
p.001994: Transitional article 39. Check the President of the Republic for precise extraordinary powers, by a
p.001994: three month term, for
p.001994: issue decrees with the force of law by which proper organization and functioning are ensured
p.001994: of the new departments erected as such in the Constitution.
p.001994: In exercise of these powers, the Government may abolish the national institutions responsible for
p.001994: the administration of the old authorities and police stations and assign territorial entities the
p.001994: national goods that in the Government's opinion should belong to them.
p.001994: Transitory article 40. Creations of municipalities made by the Departmental Assemblies are valid
p.001994: before December 31, 1990.
p.001994: Transitory dispositions
p.001994: (Articles 33-40)
p.001994: 112 COLOMBIA POLITICAL CONSTITUTION
p.001994: Transitory article 41. If during the two years following the date of promulgation of this Constitution, the
p.001994: Congress does not dictate the law referred to in articles 322, 323 and 324, on special regime for the District
p.001994: Capital of Santa Fe de Bogotá, the Government, for one time will issue the corresponding regulations.
p.001994: Transitory article 42. While the Congress issues the laws referred to in article 310 of the Constitution, the
p.001994: Government will adopt by decree, the necessary regulations to control the population density of the
p.001994: San Andres, Providencia and Santa Catalina Archipelago department, in pursuit of the purposes expressed therein
p.001994: Article.
p.001994: CHAPTER 7
p.001994: Transitory article 43. To finance the operation of the new institutions and attend to the
p.001994: obligations derived from the constitutional reform that have not been compensated for decreased expenses or
p.001994: transfers of responsibilities, the Congress may, for once, provide tax adjustments whose product is
p.001994: I destined exclusively to the nation.
p.001994: If within 18 months of the installation of the Congress, it has not made such adjustments
p.001994: tax and it is clear that the efforts of the administration to make collection more efficient and to reduce the
p.001994: public spending at the national level has not been sufficient to cover the new expenses, the national government may, by
p.001994: only once, by decree with force of law make such adjustments.
p.001994: Transitory article 44. The fiscal position for the year of 1992 shall not be less than that of 1991 in constant pesos.
p.001994: Transitory article 45. Districts and municipalities shall receive at least during the fiscal term of
p.001994: 1992, the shares in the VAT value added tax established in Law 12 of 1986. As of 1993
p.001994: the provisions of article 357 of the Constitution, regarding the participation of municipalities in the
p.001994: Current income of the nation.
p.001994: The law, however, will establish a gradual and progressive transition regime from 1993 and for a period of
p.001994: three years, after which the new distribution criteria indicated in the aforementioned will come into force
p.001994: Article. During the period-
p.001994: In transition, the value received by districts and municipalities for participation will not be less, in
p.001994: no case, to the one perceived in 1992, in constant pesos.
p.001994: Transitional Article 46. The national Government will put into operation, for a period of five years, a fund
p.001994: of solidarity and social emergency, attached to the Presidency of the Republic. This fund will finance projects
p.001994: of support to the most vulnerable sectors of the Colombian population.
p.001994: The fund must also seek national and international cooperation resources.
p.001994: Transitional article 47. The law will organize a social security plan for areas affected by acute violence
p.001994: emergency, which will cover a period of three years.
p.001994: Transitory article 48. Within three months after the installation of the Congress of the Republic, the Government
p.001994: present the bills relating to the legal regime of public services; to fixing
p.001994: general competences and criteria that will govern the provision of domiciliary public services, as well as their
p.001994: financing and rate system; to the participation regime of the representatives of the municipalities served
p.001994: and of the users in the management and control of the state companies that provide the services, as well as the
...

p.001994: with the other territorial entities.
p.001994: Transitional article 57. The Government shall form a commission composed of representatives of the Government, the
p.001994: trade unions, economic unions, political and social movements, peasants and workers
p.001994: informals, so that within a period of one hundred and eighty days from the entry into force of this Constitution,
p.001994: develop a proposal that develops social security standards.
p.001994: This proposal will serve as a basis for the Government to prepare the bills that on the subject must
p.001994: submit for consideration by Congress.
p.001994: Transitory article 58. Authorize the national government to ratify the treaties or conventions concluded that
p.001994: they would have been approved, at least, by one of the Houses of Congress of the Republic.
p.001994: Transitory Article 59. This Constitution and the other acts promulgated by this Assembly
p.001994: Constituent are not subject to any jurisdictional control.
p.001994: Transitory article 60. Legislative act 02 of 1993, article 1. Add the following transitional article to the
p.001994: Political Constitution of Colombia: For the purposes of the application of articles 346 and 355
p.001994: Constitutional and concordant norms, the National Development Plan for the years 1993 and 1994 and until when between
p.001994: in effect that approved by the Congress of the Republic, under the terms and conditions established in the current
p.001994: Political Constitution will be the one that corresponds to the annual laws of the Budget of Income and Appropriations of
p.001994: the nation. The respective bill presented by the Government will develop the programs, projects and plans
p.001994: approved by the National Council of Economic and Social Policy (Conpes).
p.001994: In the case of Departmental, District and Municipal Development Plans, the approved ones will be considered
p.001994: by the respective Territorial Public Corporation.
p.001994: If you have presented the Draft Development Plan by the respective Head of Administration of the territorial entity,
p.001994: it will not be issued by the Public Corporation before the expiration of the following period of ordinary sessions to the
p.001994: validity of this Legislative Act, that by decree will impart its legal validity. Said Plan will govern
p.001994: for the term established by law.
p.001994: Transitory article 61. The Special Commission created by the transitory article 38 will also meet between the
p.001994: November 1 and 30, 1991, date on which he will cease his duties.
p.001994: Transitory Article Legislative Act 02 of 2002, article 7. The Political Constitution will have an article
p.001994: Transitory of the following tenor: All mayors and governors who begin their periods between the validity of the
p.001994: This Legislative Act and on December 31, 2003, shall perform their functions for a period equivalent to the
p.001994: half of the time it takes to reach December 31, 2007. Your successors will be chosen to
p.001994: a period that will end on December 31 of 2007.
p.001994: Transitory dispositions
p.001994: (Articles 56-61)
p.001994: COLOMBIA POLITICAL CONSTITUTION 115
p.001994: All governors and mayors elected after October 29, 2000 and before the effective date of
p.001994: This legislative act shall exercise its functions for a period of three years. Your successors will be chosen for a
p.001994: period ending December 31, 2007.
p.001994: In any case, on the last Sunday of the month of October 2007, mayors and governors will be elected for all
p.001994: the municipalities, districts and departments of the country, for four-year institutional periods, which are
p.001994: will begin on January 1 of the year 2008.
p.001994: The four-year term of the members of the Departmental Assemblies, District and Municipal Councils and
p.001994: Ediles will begin on January 1, 2004.
p.001994: Transitory Article Legislative Act 03 of 2002, article 4. Make a commission integrated by the Minister
p.001994: of Justice and Law, the Attorney General of the Nation, who will preside over it, the Attorney General of the Nation, the
p.001994: President of the Criminal Chamber of the Supreme Court of Justice, the Ombudsman, the President of the Council
p.001994: Superior of the Judiciary, or the delegates they designate, three House Representatives and three Senators
p.001994: of the First Committees, and three members of the Academy appointed by common accord by the Government and the
p.001994: Prosecutor General, so that, through the latter, present for the consideration of the Congress of the Republic to more
p.001994: By July 20, 2003, the relevant bills to adopt the new system and then the
p.001994: monitoring of the gradual implementation of the system.
p.001994: The Congress of the Republic will have until June 20, 2004 to issue the corresponding laws. If I do not
p.001994: do within this period, the President of the Republic of extraordinary powers, for the term of
p.001994: two months to deliver the necessary legal norms to the new system. For this purpose, it may issue, modify or
p.001994: add the corresponding regulatory bodies included in the statutory law of the administration
p.001994: of justice, the statutory law of habeas corpus, the Criminal, Criminal and Penal Procedure Codes and the
p.001994: Organic Statute of the Prosecutor.
p.001994: In order to achieve the transition to the accusatory system provided for in this Legislation Act, the law
p.001994: will take the forecasts to guarantee the presence of the public servants necessary for the adequate
p.001994: operation of the new one in particular, the transfer of charges between the General Prosecutor's Office of the Nation, the Branch
p.001994: Judicial, the Ombudsman's Office, and the agencies that perform judicial police functions. Government
p.001994: national will guarantee resources for the gradual implementation of the accusatory system and for consolidation
p.001994: of a National Public Defender System.
p.001994: Transitory Article Legislative Act 01 of 2009, article 14. The Political Constitution will have a new article
p.001994: transitory, like this:
p.001994: New article. Within the year following the entry into force of this constitutional reform, the
p.001994: Congress will issue, after study by a special commission that the Government will create for this purpose,
p.001994: a law that contemplates a “Special Regime in economic, political, social and administrative matters, to
p.001994: territories that comprise the ecoregions of the Sierra Nevada de Santa Marta, the Ciénaga de Zapatosa, the Serranía
p.001994: of the Perijá, the Eastern Plains, Amazonia, Catatumbo Region, Orinoquia, Chocó Biogeográfico, the Montes de
p.001994: María, la Mojana, and the political peoples of Magdalena and the Pacific, with the aim of reducing imbalances
p.001994: that in front of their development they exist with the rest of the country ”.
p.001994: Transitory Article Legislative Act 02 of 2011, article 3. The Political Constitution of Colombia will have
p.001994: a transitory article of the following tenor: Within six months following the entry into force of the
p.001994: present legislative act, the Congress will issue the rules by which the distribution of
...

p.001994: transitional article that will be 66, like this: The instruments of transitional justice will be exceptional and will have as
p.001994: prevalent purpose to facilitate the termination of the internal armed conflict and the achievement of stable and lasting peace, with
p.001994: guarantees of non-repetition and security for all Colombians; and guarantee at the highest possible level,
p.001994: Victims' rights to truth, justice and reparation. A statutory law may authorize that, within the framework
p.001994: of a peace agreement, differentiated treatment is given to the different armed groups outside the law that
p.001994: they have been part of the internal armed conflict and also for the agents of the State, in relation to their
p.001994: participation in it.
p.001994: By means of a statutory law, transitional justice instruments of a judicial nature or
p.001994: extrajudicial that allow to guarantee the state duties of investigation and sanction. In any case it
p.001994: they will apply extrajudicial mechanisms to clarify the truth and repair the
p.001994: victims
p.001994: A law must create a Truth Commission and define its object, composition, powers and functions. The mandate
p.001994: of the commission may include the formulation of recommendations for the application of justice instruments
p.001994: transitional, including the application of the selection criteria.
p.001994: Both the prioritization criteria and the selection criteria are inherent in the instruments of justice
p.001994: transitional. The Attorney General of the Nation will determine prioritization criteria for the exercise of the action
p.001994: penal. Without prejudice to the general duty of the State to investigate and punish serious violations of rights
p.001994: Human and International Humanitarian Law, within the framework of transitional justice, the Congress of the Republic,
p.001994: by
p.001994: National Government initiative, may by statutory law determine selection criteria that allow
p.001994: focus efforts on criminal investigation of those responsible for all crimes acquired
p.001994: the connotation of crimes against humanity, genocide, or war crimes committed systematically;
p.001994: establish the cases, requirements and conditions in which the suspension of the execution of the sentence would proceed;
p.001994: establish the cases in which the application of extrajudicial sanctions, alternative penalties, or
p.001994: special modalities of execution and enforcement of the sentence; and authorize the conditional waiver of the persecution
p.001994: criminal court of all cases not selected. The statutory law will take into account the seriousness and
p.001994: representativeness of the cases to determine the selection criteria.
p.001994: In any case, special criminal treatment through the application of constitutional instruments such as
p.001994: Previous will be subject to the fulfillment of conditions such as the abandonment of weapons, recognition
p.001994: of responsibility, the contribution to the clarification of the truth and the integral reparation of the victims, the
p.001994: release of the hostages, and the untying of the unlawfully recruited minors who are
p.001994: train held by armed groups outside the law.
...

Political / vulnerable

Searching for indicator vulnerable:

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p.001994: I destined exclusively to the nation.
p.001994: If within 18 months of the installation of the Congress, it has not made such adjustments
p.001994: tax and it is clear that the efforts of the administration to make collection more efficient and to reduce the
p.001994: public spending at the national level has not been sufficient to cover the new expenses, the national government may, by
p.001994: only once, by decree with force of law make such adjustments.
p.001994: Transitory article 44. The fiscal position for the year of 1992 shall not be less than that of 1991 in constant pesos.
p.001994: Transitory article 45. Districts and municipalities shall receive at least during the fiscal term of
p.001994: 1992, the shares in the VAT value added tax established in Law 12 of 1986. As of 1993
p.001994: the provisions of article 357 of the Constitution, regarding the participation of municipalities in the
p.001994: Current income of the nation.
p.001994: The law, however, will establish a gradual and progressive transition regime from 1993 and for a period of
p.001994: three years, after which the new distribution criteria indicated in the aforementioned will come into force
p.001994: Article. During the period-
p.001994: In transition, the value received by districts and municipalities for participation will not be less, in
p.001994: no case, to the one perceived in 1992, in constant pesos.
p.001994: Transitional Article 46. The national Government will put into operation, for a period of five years, a fund
p.001994: of solidarity and social emergency, attached to the Presidency of the Republic. This fund will finance projects
p.001994: of support to the most vulnerable sectors of the Colombian population.
p.001994: The fund must also seek national and international cooperation resources.
p.001994: Transitional article 47. The law will organize a social security plan for areas affected by acute violence
p.001994: emergency, which will cover a period of three years.
p.001994: Transitory article 48. Within three months after the installation of the Congress of the Republic, the Government
p.001994: present the bills relating to the legal regime of public services; to fixing
p.001994: general competences and criteria that will govern the provision of domiciliary public services, as well as their
p.001994: financing and rate system; to the participation regime of the representatives of the municipalities served
p.001994: and of the users in the management and control of the state companies that provide the services, as well as the
p.001994: relating to the protection, duties and rights of those and the indication of the general policies of
p.001994: administration and efficiency control of home public services.
p.001994: If at the end of the following two legislatures the corresponding laws are not issued, the
p.001994: Transitory dispositions
p.001994: (Articles 41-48)
p.001994: POLITICAL CONSTITUTION COLOMBIA 113
p.001994: President of the Republic will put the projects into force through decrees with force of law.
p.001994: Transitional Article 49. In the first legislature after the entry into force of this Constitution, the
p.001994: Government will submit to Congress the bills referred to in articles 150 numeral 19 literal d), 189
...

Health / Drug Dependence

Searching for indicator dependence:

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p.002015: date on which
p.002015: From the Government, from the Vice President
p.002015: (Articles 200-203)
p.002015: 58 COLOMBIA POLITICAL CONSTITUTION
p.002015: produce the presidential vacancy, elect the Vice President, who will take possession of the Presidency of the Republic.
p.002015: Article 204. Legislative Act 02 of 2004, article 3. Article 204 of the Political Constitution will read as follows:
p.002015: To be elected Vice President the same qualities are required as to be President of the Republic.
p.002015: Legislative Act 02 of 2015, article 10. Delete subsections 2 and 3 of article 204 of the Constitution
p.002015: Politics.
p.002015: Article 205. In case of absolute absence of the Vice-President, the Congress shall meet in its own right, or by
p.002015: call of the President of the Republic, in order to choose who should replace him for the rest of the period. They are
p.002015: Absolute absences of the Vice President: his death, his resignation accepted and the permanent physical disability recognized
p.002015: for Congress
p.002015: CHAPTER 4
p.002015: OF THE MINISTERS AND DIRECTORS OF THE ADMINISTRATIVE DEPARTMENTS
p.002015: Article 206. The number, denomination and order of precedence of the ministries and departments
p.002015: Administrative will be determined by law.
p.002015: Article 207. To be minister or director of administrative department the same qualities are required
p.002015: than to be a representative to the Chamber.
p.002015: Article 208. The ministers and directors of administrative departments are the heads of administration
p.002015: in their respective dependence. Under the direction of the President of the Republic, they are responsible for formulating
p.002015: the policies pertaining to his office, direct the administrative activity and execute the law.
p.002015: The ministers, in relation to the Congress, are spokesmen of the Government, present to the Chambers
p.002015: bills, address the subpoenas they make and take part in the discussions directly or by
p.002015: conduit of the vice ministers.
p.002015: Ministers and directors of administrative departments will present to Congress, within the first fifteen
p.002015: days of each legislature, report on the state of business attached to your ministry or department
p.002015: administrative, and on the reforms that they consider convenient.
p.002015: The cameras may require the assistance of ministers. The permanent commissions, in addition, that of the
p.002015: Vice Ministers, the directors of administrative departments, the Bank of the Republic Manager,
p.002015: presidents, directors or managers of the decentralized entities of the national order and that of other officials
p.002015: of the Executive Branch of public power.
p.002015: CHAPTER 5
p.002015: OF THE ADMINISTRATIVE FUNCTION
p.002015: Article 209. The administrative function is at the service of the general interests and is carried out with foundation
p.002015: in the principles of equality, morality, effectiveness, economy, speed, impartiality
p.002015: Quality and publicity, through decentralization, delegation and deconcentration of functions.
p.002015: The administrative authorities must coordinate their actions for the adequate compliance of
p.002015: Of the Ministers, Administrative Departments, the Public Function (Articles 204-209)
p.002015: POLITICAL CONSTITUTION COLOMBIA 59
...

p.002015: of the following tenor:
p.002015: Taking into account the nature of the legal good or the least harmfulness of the punishable conduct, the legislator may
p.002015: assign the exercise of the criminal action to the victim or other authorities other than the General Prosecutor of the
p.002015: Nation. In any case, the General Prosecutor of the Nation may act preferentially.
p.002015: Of the Special Jurisdictions, of the Attorney General's Office (Article
p.002015: 250)
p.002015: POLITICAL CONSTITUTION COLOMBIA 69
p.002015: Article 251. Legislative Act 03 of 2002, article 3. Article 251 of the Political Constitution will read as follows:
p.002015: Special functions of the Attorney General of the Nation are:
p.002015: 1. Legislative Act 06 of 2011, article 3. Section 1 of article 251 of the Political Constitution will read as follows:
p.002015: Investigate and accuse, if applicable, directly or through the Deputy Attorney General of the Nation or its
p.002015: delegates of the prosecution unit before the Supreme Court of Justice, to the high servants who enjoy jurisdiction
p.002015: constitutional, with the exceptions provided in the Constitution.
p.002015: 2. Appoint and remove, in accordance with the law, the servers under their dependence.
p.002015: 3. Assume directly the investigations and processes, whatever the state in which they are,
p.002015: same as assigning and freely displacing its servers in investigations and processes. Likewise in
p.002015: Under the principles of management unit and hierarchy, determine the criteria and position that the Prosecutor's Office should
p.002015: assume, without prejudice to the autonomy of the delegated prosecutors in the terms and conditions established by law.
p.002015: 4. Participate in the design of the State's policy on criminal matters and present bills in this regard.
p.002015: 5. Grant transitory powers to public entities that may perform Judicial Police functions,
p.002015: under the responsibility and functional dependence of the Attorney General's Office.
p.002015: 6. Provide the Government with information on the investigations that are being carried out, when necessary for the
p.002015: preservation of public order.
p.002015: Article 252. Even during the States of Exception covered by the Constitution in its articles 212 and 213, the
p.002015: Government may not suppress or modify the agencies or the basic functions of prosecution and prosecution.
p.002015: Article 253. The law shall determine the structure and operation of the General Prosecutor's Office of the Nation, at
p.002015: entry by career and withdrawal from service, to disabilities and incompatibilities, denomination, qualities,
p.002015: remuneration, social benefits and disciplinary regime of the officials and employees of their dependency.
p.002015: CHAPTER 7
p.002015: GOVERNMENT AND ADMINISTRATION OF THE JUDICIAL BRANCH
p.002015: (Legislative Act 02 of 2015) Replace the heading of Chapter 7 of Title VIII with that of “Government and
p.002015: Administration of the Judicial Branch ”.
p.002015: Article 254. Legislative Act 02 of 2015, article 15. Article 254 of the Political Constitution shall read as follows:
p.002015: The Government and the administration of the Judicial Branch will be in charge of the Judicial Government Council and the Management of
p.002015: the Judicial Branch. These bodies shall exercise the functions attributed to them by law in order to promote access to the
...

p.002015: next.
p.002015: Whenever there is an absolute absence more than eighteen (18) months after the end of the period, the mayor shall be elected
p.002015: for the remaining time. In the absence of less than eighteen (18) months, the governor will appoint a mayor to
p.002015: the remainder of the period, respecting the party, political group or coalition for which the mayor was registered
p.002015: chosen one.
p.002015: The president and the governors, in the cases specifically indicated by the law, will suspend or dismiss the
p.002015: mayors.
p.002015: The law shall establish the penalties that may be incurred for the improper exercise of this attribution.
p.002015: Article 315. The powers of the mayor are:
p.002015: 1. Comply with and enforce the Constitution, the law, government decrees, ordinances, and agreements
p.002015: of the council.
p.002015: 2. Maintain public order in the municipality, in accordance with the law and the instructions and orders received from the
p.002015: President of the Republic and the respective governor. The mayor is the first police authority in the municipality.
p.002015: The National Police will promptly and diligently comply with the orders issued by the mayor through the
p.002015: respective commander.
p.002015: 3. Direct the administrative action of the municipality; ensure the fulfillment of the functions and the provision of
p.002015: the services at your expense; represent it judicially and extrajudicially; and appoint and move officials
p.002015: under its dependence and to the managers or directors of public establishments and industrial enterprises or
p.002015: commercial premises, in accordance with the relevant provisions.
p.002015: 4. Suppress or merge municipal entities and agencies, in accordance with the respective agreements.
p.002015: 5. Submit timely to the Council the draft agreements on development plans and programs
p.002015: economic and social, public works, annual budget of income and expenses and others deemed convenient for
p.002015: The good progress of the municipality.
p.002015: 6. Punish and promulgate the agreements approved by the Council and object to those that consider inconvenience
p.002015: or contrary to the legal system.
p.002015: 7. Create, delete or merge the jobs of their dependencies, point out special functions and set their
p.002015: emoluments in accordance with the corresponding agreements. You may not create obligations that exceed the overall amount set
p.002015: for personnel expenses in the initially approved budget.
p.002015: 8. Collaborate with the Council for the proper performance of its functions, submit general reports on its
p.002015: administration and summon it to extraordinary sessions, in which it will only deal with the issues and subjects for
p.002015: which was cited.
p.002015: 9. Order municipal expenses according to the investment plan and budget.
p.002015: 10. The others that the Constitution and the law indicate.
p.002015: Article 316. In the voting that is carried out for the election of local authorities and for the decision of
p.002015: Matters of the same character, only citizens residing in the respective municipality may participate.
p.002015: Article 317. Only municipalities may tax real property. The foregoing does not prevent others
p.002015: entities impose valuation contribution.
...

Searching for indicator dependency:

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p.002015: same as assigning and freely displacing its servers in investigations and processes. Likewise in
p.002015: Under the principles of management unit and hierarchy, determine the criteria and position that the Prosecutor's Office should
p.002015: assume, without prejudice to the autonomy of the delegated prosecutors in the terms and conditions established by law.
p.002015: 4. Participate in the design of the State's policy on criminal matters and present bills in this regard.
p.002015: 5. Grant transitory powers to public entities that may perform Judicial Police functions,
p.002015: under the responsibility and functional dependence of the Attorney General's Office.
p.002015: 6. Provide the Government with information on the investigations that are being carried out, when necessary for the
p.002015: preservation of public order.
p.002015: Article 252. Even during the States of Exception covered by the Constitution in its articles 212 and 213, the
p.002015: Government may not suppress or modify the agencies or the basic functions of prosecution and prosecution.
p.002015: Article 253. The law shall determine the structure and operation of the General Prosecutor's Office of the Nation, at
p.002015: entry by career and withdrawal from service, to disabilities and incompatibilities, denomination, qualities,
p.002015: remuneration, social benefits and disciplinary regime of the officials and employees of their dependency.
p.002015: CHAPTER 7
p.002015: GOVERNMENT AND ADMINISTRATION OF THE JUDICIAL BRANCH
p.002015: (Legislative Act 02 of 2015) Replace the heading of Chapter 7 of Title VIII with that of “Government and
p.002015: Administration of the Judicial Branch ”.
p.002015: Article 254. Legislative Act 02 of 2015, article 15. Article 254 of the Political Constitution shall read as follows:
p.002015: The Government and the administration of the Judicial Branch will be in charge of the Judicial Government Council and the Management of
p.002015: the Judicial Branch. These bodies shall exercise the functions attributed to them by law in order to promote access to the
p.002015: justice, the efficiency of the Judicial Branch, effective judicial protection and judicial independence.
p.002015: The Judicial Government Council is the body responsible for defining the policies of the Judicial Branch in accordance with the
p.002015: law and postulate the lists and lists of candidates that the Constitution orders. It also corresponds to the Council of
p.002015: Judicial Government regulate the judicial and administrative procedures that are carried out in judicial offices,
p.002015: in aspects not provided by the legislator; Issue the regulations of the judicial career system and the Commission
p.002015: Judicial Career, whose function will be the monitoring and control of the career; approve the budget project of
p.002015: the Judicial Branch that must be sent to the Government; approve the judicial map;
p.002015: On the Government and Administration of the Judicial Branch (Articles
p.002015: 251-254)
p.002015: 70 COLOMBIA POLITICAL CONSTITUTION
...

p.002015: 5. Ensure the diligent and efficient exercise of
p.002015: Administrative functions.
p.002015: 6. Exercise superior vigilance of the official conduct of those who perform public functions, including those of
p.002015: popular choice; preferably exercise disciplinary power; advance the corresponding investigations, and
p.002015: impose the respective sanctions according to the law.
p.002015: 7. Intervene in the proceedings and before judicial or administrative authorities, when necessary in defense
p.002015: of the legal order, of the public patrimony, or of the fundamental rights and guarantees.
p.002015: 8. Render annually its management report to Congress.
p.002015: 9. Require public officials and individuals it deems necessary information.
p.002015: 10. The others determined by law.
p.002015: For the performance of its functions, the Office of the Prosecutor will have powers of judicial police, and may
p.002015: file the actions you deem necessary.
p.002015: Article 278. The Attorney General will directly exercise the following functions:
p.002015: 1. Disconnect from the post, prior hearing and through a reasoned decision, the public official who incurs any
p.002015: of the following offenses: manifestly violate the Constitution or the law; derive evident and undue
p.002015: capital gain in the exercise of his position or duties; seriously hamper the
p.002015: investigations carried out by the Attorney General's Office or an administrative or jurisdictional authority; act with manifest
p.002015: negligence in the investigation and punishment of disciplinary offenses
p.002015: of the employees of his dependency, or in the denunciation of the punishable facts that he has knowledge because of the
p.002015: exercise of his position.
p.002015: 2. Issue concepts in disciplinary proceedings brought against officials subject to special jurisdiction.
p.002015: 3. Submit bills on matters related to their competence.
p.002015: 4. To urge Congress to issue laws that ensure the promotion, exercise and protection of
p.002015: human rights, and demand compliance with the competent authorities.
p.002015: 5. Render concept in constitutionality control processes.
p.002015: 6. Appoint and remove, in accordance with the law, the officers and employees of your agency.
p.002015: Article 279. The law shall determine the structure and operation of the Office of the Attorney General of
p.002015: The Nation will regulate the entry and merit contest and the withdrawal of the service, at
p.002015: disabilities, incompatibilities, appointment, qualities, remuneration and the disciplinary regime of all
p.002015: officials and employees of said agency.
p.002015: Article 280. The agents of the Public Ministry will have the same qualities, category, remuneration,
p.002015: rights and benefits of the magistrates and judges of greater hierarchy before those who exercise the position.
p.002015: Article 281. Legislative Act 02 of 2015, article 24. Article 281 of the Political Constitution shall read as follows:
p.002015: Article 281. The Ombudsman shall exercise his functions autonomously. He will be chosen by the Chamber of
p.002015: Representatives for an institutional period of four years prepared by the President of the Republic.
...

Health / Drug Usage

Searching for indicator drug:

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p.002015: On Forms of Democratic Participation, of Political Parties (Articles 103-107)
p.002015: COLOMBIA POLITICAL CONSTITUTION 31
p.002015: Public potions, in accordance with the provisions of its statutes and the law.
p.002015: In the case of popular consultations, the rules on campaign financing and publicity and access to
p.002015: the media of the State, which govern the ordinary elections. Who participates in the
p.002015: consultations of a political party or movement or in interpartisan consultations, you cannot register for another in the
p.002015: same electoral process. The result of the consultations will be mandatory.
p.002015: The leaders of the parties and political movements must promote democratization processes
p.002015: internal and strengthening the bench regime.
p.002015: Political parties and movements must respond for any violation or violation of the rules that govern
p.002015: its organization, operation or financing, as well as for endorsing candidates chosen in positions or
p.002015: public corporations of popular choice, who have been or were convicted during the exercise of the position to
p.002015: which was endorsed by judgment executed in Colombia or abroad for crimes related to the vin-
p.002015: culation of illegal armed groups and activities of drug trafficking or crimes against the mechanisms of
p.002015: democratic participation or against humanity.
p.002015: Political parties or movements will also respond for endorsing candidates not elected to office or
p.002015: public corporations of popular choice, if they had been or were convicted during the term of office
p.002015: public to which he was nominated, by sentence executed in Colombia or abroad for crimes
p.002015: related to the connection to illegal armed groups and drug trafficking activities, committed previously
p.002015: Give to the issuance of the corresponding guarantee.
p.002015: Sanctions may consist of fines, devotion of public resources received through the system of
p.002015: replacement of votes, until the cancellation of the legal status. When it comes to these sentences to
p.002015: who were elected to uninominal positions, the party or movement that
p.002015: endorsed the convicted, may not present candidates for the following elections in that Circumscription. If missing
p.002015: less than 18 months for the following elections, they may not submit three, in which case the nominator may
p.002015: freely designate the replacement.
p.002015: The directors of the parties who are shown to have failed to proceed with due care and diligence in the
p.002015: exercise of the rights and obligations conferred upon them by legal status, they will also be subject to the
p.002015: sanctions determined by law.
p.002015: Social organizations are also guaranteed the right to demonstrate and participate in events
p.002015: politicians.
p.002015: Anyone who is a member of a public corporation decides to run for the next election, for a
p.002015: Different party, you must give up the seat at least twelve (12) months before the first day of registration.
p.002015: Transitional Paragraph 1. Without prejudice to the provisions of article 134, within the two
p.002015: (2) months following the entry into force of this legislative act, authorize, once only, the
p.002015: members of the collegiate bodies of popular election, or those who had previously renounced their seat
p.002015: to the validity of this legislative act, to enroll in a party other than the one that endorsed them, without
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p.002015: And the law.
p.002015: EPISODE 2
p.002015: OF PUBLIC FUNCTION
p.002015: Article 122. There will be no public employment that does not have functions detailed in law or regulation, and to provide those of
p.002015: remunerated nature is required to be contemplated in the respective plant and its emoluments provided in the
p.002015: corresponding budget.
p.002015: No public servant shall enter into office without taking an oath to comply and defend the Constitution and
p.002015: perform the duties incumbent on him.
p.002015: Before taking office, when withdrawing from it or when competent authority
p.002015: Of the Public Function
p.002015: (Articles 117-122)
p.002015: COLOMBIA POLITICAL CONSTITUTION 37
p.002015: Tender must declare, under oath, the amount of their assets and income.
p.002015: Such statement may only be used for the purposes and purposes of the application of the server rules
p.002015: public.
p.002015: Legislative Act 01 of 2009, article 4. The final paragraph of article 122 of the Political Constitution will read as follows:
p.002015: Without prejudice to the other sanctions established by law, they may not be registered as candidates for charges of
p.002015: popular election, neither elected, nor designated as public servants, nor celebrate personally, or by
p.002015: interposed person, contracted with the State, who have been convicted, at any time, for the commission of
p.002015: crimes that affect the assets of the State or those who have been convicted of crimes related to the
p.002015: membership, promotion or financing of illegal armed groups, crimes against humanity or drug trafficking in
p.002015: Colombia or abroad.
p.002015: Nor who has given rise, as public servants, with their malicious or seriously guilty behavior, thus qualified
p.002015: by an executory sentence, that the State be sentenced to a patrimonial reparation, unless it assumes its charge
p.002015: The value of the damage is inherited.
p.002015: Article 123. The members of public corporations, employees and public servants are public servants
p.002015: State workers and their territorially and services decentralized entities.
p.002015: Public servants are at the service of the State and of the community; will exercise their functions in the manner
p.002015: provided by the Constitution, the law and the regulations.
p.002015: The law shall determine the regime applicable to individuals who temporarily perform public functions and
p.002015: It will regulate your exercise.
p.002015: Article 124. The law shall determine the responsibility of public servants and how to make it effective.
p.002015: Article 125. Jobs in the organs and entities of the State are career. They are excepted
p.002015: those of popular election, those of free appointment and removal, those of official workers and the others that it determines
p.002015: the law.
p.002015: Officials, whose appointment system has not been determined by the Constitution or the law, will be appointed
p.002015: by public tender.
p.002015: The entry to the career positions and the promotion thereof, will be made prior to compliance with the requirements and
p.002015: conditions set by law to determine the merits and qualities of the applicants.
p.002015: The withdrawal will be made by unsatisfactory qualification in the performance of employment; for violation of the regime
p.002015: disciplinary and for the other causes provided for in the Constitution or the law.
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p.002015: number of notaries and registry offices.
p.002015: Of the Public Function
p.002015: (Articles 127-131)
p.002015: COLOMBIA POLITICAL CONSTITUTION 39
p.002015: TITLE VI
p.002015: OF THE LEGISLATIVE BRANCH
p.002015: CHAPTER 1
p.002015: OF COMPOSITION AND FUNCTIONS
p.002015: Article 132. Senators and representatives shall be elected for a period of four years, which begins on the 20th.
p.002015: July following the election.
p.002015: Article 133. Legislative Act 1 of 2009, article 5. Article 133 of the Political Constitution will read as follows:
p.002015: The members of collegiate bodies of direct election represent the people, and must act in consultation with the
p.002015: Justice and the common good. The vote of its members shall be nominal and public, except in cases determined by law.
p.002015: The elect is politically responsible to society and to its constituents for the fulfillment of obligations
p.002015: typical of his endowment.
p.002015: Article 134. Legislative Act 02 of 2015, article 4. Article 134 of the Political Constitution will read as follows:
p.002015: Members of the Public Corporations of popular election will not have substitutes. They can only be replaced in the
p.002015: cases of absolute or temporary absences determined by law, by non-elected candidates that according to the order of
p.002015: Registration or voting obtained, follow in succession and descending on the same electoral list.
p.002015: In no case may those who are convicted of common crimes related to membership be replaced,
p.002015: promotion or financing of illegal armed groups or drug trafficking activities; malicious against the administration
p.002015: public; against the mechanisms of democratic participation, not even for crimes against humanity. Nor who
p.002015: resigning having been formally linked in Colombia to criminal proceedings for the commission of such
p.002015: crimes, nor the temporary offenses of those against whom the arrest warrant was issued within the respective
p.002015: processes
p.002015: For the purposes of quorum formation, the total number of members of the
p.002015: Corporation with the exception of those seats that cannot be replaced. The same rule will apply in events
p.002015: of accepted incentives or challenges.
p.002015: If for absolute faults that do not result in replacement, the members of collegiate bodies elected in the same
p.002015: constituency are reduced by half or less, the National Electoral Council will convene
p.002015: elections to fill vacancies, as long as there are more than twenty-four (24) months until the end of the
p.002015: period.
p.002015: Transitional Paragraph While the legislator regulates the replacement regime, the following rules will apply: i)
p.002015: They constitute absolute faults that give rise to death replacement; absolute physical inability to exercise
p.002015: of the position; the declaration of nullity of the election; the waiver justified and accepted by the respective
p.002015: corporation; the disciplinary sanction consisting of dismissal, and the loss of investiture; ii) They constitute
p.002015: temporary offenses that give rise to replacement, maternity leave and the private insurance measure of the
p.002015: freedom for crimes other than those mentioned in this article.
p.002015: The prohibition of replacements shall apply for judicial investigations that were initiated as of the
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p.002015: of 2009, a Draft Statutory Law that develops this article.
p.002015: The project will have a message of urgency and joint sessions and may be subject to a message of insistence if it were
p.002015: necessary. The terms for the prior review of the exequibility of the Draft Statutory Law are reduced by half,
p.002015: by the Constitutional Court.
p.002015: Article 108. Legislative Act 01 of 2009, article 2. Article 108 of the Constitution shall read as follows:
p.002015: Of the Parties and Political Movements
p.002015: (Article 108)
p.002015: 32 COLOMBIA POLITICAL CONSTITUTION
p.002015: The National Electoral Council will recognize legal personality to parties, political movements and groups
p.002015: significant citizens. They may obtain them with a vote of not less than three percent (3%) of the votes
p.002015: validly issued in the national territory in the House of Representatives or Senate elections. They will lose them if
p.002015: they don't get that percentage in the elections of the same public corporations. The regime is excepted
p.002015: exceptional that is stipulated in the law for constituencies of ethnic and political minorities, in which
p.002015: It will be enough to have obtained representation in Congress.
p.002015: It will also cause loss of legal status of political parties and movements if they do not
p.002015: celebrate at least every two
p.002015: (2) years conventions that enable its members to influence the making of the most important decisions of the
p.002015: political organization.
p.002015: Political parties and movements with recognized legal personality may register candidates for
p.002015: elections. Said registration must be endorsed for the same purposes by the respective legal representative of the
p.002015: party or movement or by whom he delegates.
p.002015: Social movements and significant groups
p.002015: of citizens may also register candidates.
p.002015: Any registration of a candidate incurred on grounds of disability will be revoked by the National Electoral Council with
p.002015: Respect for due process.
p.002015: The statutes of political parties and movements will regulate the matters pertaining to their internal disciplinary regime. The
p.002015: members of public corporations elected by the same party or political movement or group
p.002015: Significant citizens will act on them as a bench under the terms established by law and in accordance
p.002015: with the decisions democratically taken by them.
p.002015: The internal statutes of the parties and political movements will determine issues of conscience
p.002015: in respect of which this regime will not apply and may establish penalties for
p.002015: the non-observance of its guidelines by the members of the banks, which will be fixed
p.002015: gradually until expulsion, and may include the loss of the voting right of the congressman, deputy, councilor
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p.002015: Of the Congressmen
p.002015: (Articles 179-180)
p.002015: COLOMBIA POLITICAL CONSTITUTION 53
p.002015: Paragraph 2. The official who, in contravention of this article, appoints a Congressman for a
p.002015: employment or position or enter into a contract with him or accept that he acts as a manager on his own behalf or on behalf of third parties,
p.002015: will incur cause for misconduct.
p.002015: Article 181. The incompatibilities of the congressmen will be valid during the constitutional period
p.002015: respective. In case of resignation, they will be maintained during the year following their acceptance, if the time lacks to
p.002015: the expiration of the period will be higher.
p.002015: Whoever is called to hold the position will be subject to the same regime of disabilities and incompatibilities to
p.002015: from his possession.
p.002015: Article 182. The congressmen must inform the respective Chamber of the situations of
p.002015: moral or economic character that inhibit them to participate in the processing of matters submitted for consideration.
p.002015: The law will determine what is related to conflicts of interest and objections.
p.002015: Article 183. The congressmen will lose their investiture:
p.002015: 1. For violation of the disability and incompatibility regime, or the conflict of interest regime.
p.002015: 2. Due to the absence, in the same session, of six plenary meetings in which projects of
p.002015: legislative act, law or censorship motions.
p.002015: 3. For not taking possession of the position within eight days following the date of installation of the Chambers,
p.002015: or on the date they were called to take possession.
p.002015: 4. Due to undue destination of public money.
p.002015: 5. Due to influence traffic duly verified.
p.002015: Causes 2 and 3 will not apply when force majeure.
p.002015: Article 184. The loss of the investiture shall be decreed by the State Council in accordance with the law and in
p.002015: a term not exceeding twenty business days, counted from the date of the request made by the table
p.002015: directive of the corresponding chamber or by any citizen.
p.002015: Article 185. The congressmen shall be inviolable by the opinions and votes they cast in the exercise of office,
p.002015: without prejudice to the disciplinary rules contained in the respective regulations.
p.002015: Article 186. Of the crimes committed by congressmen, the Supreme Court of Justice will know privately,
p.002015: only authority that can order his detention. In case of flagrant crime they must be apprehended and placed
p.002015: immediately available to the same corporation.
p.002015: Article 187. The allocation of members of Congress shall be readjusted every year in proportion equal to the average
p.002015: weighted of the changes in the remuneration of the central administration's servers, according to
p.002015: certification issued by the Comptroller General of the Republic for this purpose.
p.002015: Of the Congressmen
p.002015: (Articles 181-187)
p.002015: 54 COLOMBIA POLITICAL CONSTITUTION
p.002015: TITLE VII
p.002015: OF THE EXECUTIVE BRANCH
p.002015: CHAPTER 1
p.002015: THE PRESIDENT OF THE REPUBLIC
p.002015: Article 188. The President of the Republic symbolizes national unity and by swearing the fulfillment of the
p.002015: Constitution and laws, is obliged to guarantee the rights and freedoms of all Colombians.
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p.002015: EPISODE 2
p.002015: OF SOCIAL, ECONOMIC AND CULTURAL RIGHTS
p.002015: Article 42. The family is the fundamental nucleus of society. It is constituted by natural bonds or
p.002015: legal, by the free decision of a man and a woman to marry or by the responsible will of
p.002015: conform it.
p.002015: The State and society guarantee the integral protection of the family. The law may determine the marriage
p.002015: family inalienable and unattachable.
p.002015: The honor, dignity and intimacy of the family are inviolable.
p.002015: Family relationships are based on the equal rights and duties of the couple and on the mutual respect between
p.002015: All its members.
p.002015: Any form of violence in the family is considered destructive of its harmony and unity, and will be punished.
p.002015: according to the law.
p.002015: Children born in or out of wedlock, adopted or procreated naturally or with scientific assistance,
p.002015: They have equal rights and duties. The law will regulate responsible parenthood.
p.002015: The couple has the right to decide freely and responsibly the number of their children, and must
p.002015: sustain and educate them while they are minors or disabled.
p.002015: The forms of marriage, the age and capacity to contract it, the duties and rights of the spouses
p.002015: yuges, their separation and the dissolution of the bond, are governed by civil law.
p.002015: Religious marriages will have civil effects in the terms established by law.
p.002015: The civil effects of any marriage will cease by divorce in accordance with civil law.
p.002015: The nullity sentences of the religious marriages issued by the
p.002015: authorities of the respective religion, in the terms established by law.
p.002015: The law will determine what is related to the marital status of the persons and the consequent rights and duties.
p.002015: Article 43. Women and men have equal rights and opportunities. The woman cannot be subjected to
p.002015: No discrimination During pregnancy and after delivery you will enjoy special assistance and
p.002015: State protection, and you will receive this food subsidy if you were unemployed or
p.002015: helpless
p.002015: The State will support the head of the woman in a special way.
p.002015: Article 44. The fundamental rights of children are: life, physical integrity, health and social security,
p.002015: balanced food, his name and nationality, having a family and not being
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p.002015: Constitution, in the laws and international treaties ratified by Colombia.
p.002015: The family, society and the State have the obligation to assist and protect the child to guarantee their development
p.002015: harmonious and integral and the full exercise of their rights. Anyone can demand authority
p.002015: competent compliance and sanction of offenders.
p.002015: The rights of children prevail over the rights of others.
p.002015: Article 45. The adolescent has the right to protection and integral training.
p.002015: The State and society guarantee the active participation of young people in public organizations and
p.002015: private persons in charge of the protection, education and progress of youth.
p.002015: Article 46. The State, society and the family shall concur for the protection and assistance of the persons of the
p.002015: senior citizens and will promote their integration into active and community life.
p.002015: The State will guarantee the services of comprehensive social security and food subsidy in case of
p.002015: indigence.
p.002015: Article 47. The State shall advance a policy of social security, rehabilitation and integration for the disabled.
p.002015: physical, sensory and psychic, who will be given the specialized attention they require.
p.002015: Article 48. Social Security is a mandatory public service that will be provided under the direction,
p.002015: coordination and control of the State, subject to the principles of efficiency, universality and solidarity, in the
p.002015: terms established by law.
p.002015: All inalienable right to Social Security is guaranteed to all inhabitants.
p.002015: The State, with the participation of the particulars, will progressively expand the security coverage
p.002015: Social that will include the provision of services in the manner determined by law.
p.002015: Social Security may be provided by public or private entities, in accordance with the law.
p.002015: The resources of the Social Security institutions may not be used or used for purposes other than
p.002015: she.
p.002015: The law will define the means for pension resources to maintain their purchasing power.
p.002015: constant.
p.002015: Legislative Act 01 of 2005, article 1. The following paragraphs and paragraphs are added to article 48 of the
p.002015: Political constitution:
p.002015: The State will guarantee the rights, the financial sustainability of the Pension System, respect the rights
p.002015: acquired under the law and will assume the payment of the pension debt that according to the law is in charge. The
p.002015: pension laws that are issued after the entry into force of this Legislative Act,
p.002015: they must ensure the financial sustainability of what is established in them.
p.002015: Without prejudice to discounts, deductions and embargoes to pensions ordered in accordance with the law, for no reason
p.002015: the value of the allowance of the pensions recognized in accordance with the law may be stopped paying, frozen or reduced.
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p.002015: Article 53. The Congress will issue the labor statute. The corresponding law will take into account at least the
p.002015: following fundamental minimum principles:
p.002015: Equal opportunities for workers; minimum vital and mobile remuneration, proportional to the amount
p.002015: and quality of work; job stability; inalienability of the minimum benefits established in standards
p.002015: labor; powers to compromise and reconcile uncertain and debatable rights; most favorable situation
p.002015: to the worker in case of doubt in the application and interpretation of the formal sources of law; primacy of the
p.002015: reality about formalities established by the subjects of labor relations; security guarantee
p.002015: social, training, training and necessary rest; special protection for women, motherhood and
p.002015: to the minor worker.
p.002015: The State guarantees the right to timely payment and periodic readjustment of legal pensions.
p.002015: International labor conventions duly ratified are part of domestic legislation.
p.002015: The law, contracts, agreements and labor agreements cannot undermine freedom, human dignity
p.002015: nor the rights of workers.
p.002015: Article 54. It is the obligation of the State and employers to offer professional and technical training and qualification to
p.002015: who require it The State must promote the work placement of people of working age and guarantee
p.002015: the disabled the right to work in accordance with their health conditions.
p.002015: Article 55. The right to collective bargaining is guaranteed to regulate labor relations, with the
p.002015: exceptions indicated by law.
p.002015: It is the duty of the State to promote consultation and other means for the peaceful resolution of collective conflicts.
p.002015: of work.
p.002015: Article 56. The right to strike is guaranteed, except in the essential public services defined by the
p.002015: legislator.
p.002015: The law will regulate this right.
p.002015: A permanent commission composed of the Government, representatives of employers and workers,
p.002015: promote good labor relations, contribute to the solution of collective labor disputes and
p.002015: will arrange salary and labor policies. The law shall regulate its composition and functioning.
p.002015: Article 57. The law may establish the incentives and means for workers to participate in the management
p.002015: of the companies.
p.002015: Article 58. Legislative Act 01 of 1999, article 1. Article 58 of the Political Constitution will read as follows:
p.002015: Private property and other rights acquired under civil laws, which are not guaranteed, are guaranteed.
p.002015: they may be unknown or violated by subsequent laws. When the application of a law issued for reasons
p.002015: of public utility or social interest, the rights of individuals with the need for it will result in conflict
p.002015: reco-
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 52-58)
p.002015: COLOMBIA POLITICAL CONSTITUTION 23
p.002015: unknown, the private interest must yield to the public or social interest.
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p.002015: Social that will include the provision of services in the manner determined by law.
p.002015: Social Security may be provided by public or private entities, in accordance with the law.
p.002015: The resources of the Social Security institutions may not be used or used for purposes other than
p.002015: she.
p.002015: The law will define the means for pension resources to maintain their purchasing power.
p.002015: constant.
p.002015: Legislative Act 01 of 2005, article 1. The following paragraphs and paragraphs are added to article 48 of the
p.002015: Political constitution:
p.002015: The State will guarantee the rights, the financial sustainability of the Pension System, respect the