0A4F4F9BD490A749D5437F821CF06DF1
Constitution of Colombia, Article 15
https://www.corteconstitucional.gov.co/inicio/Constitucion%20politica%20de%20Colombia%20-%202015.pdf
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| 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
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
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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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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: 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.
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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.
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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
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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
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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
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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.
...
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
...
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.
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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-
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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
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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,
...
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
...
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
...
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.
...
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.
...
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
...
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
...
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.
...
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.
...
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.
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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
...
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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Health / Mentally Disabled
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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 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 ”.
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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
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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.
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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: 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.
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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
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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).
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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)
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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: 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
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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: 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
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
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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: 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.
...
Searching for indicator motherhood:
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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.
...
Health / Physically Disabled
Searching for indicator illness:
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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: 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:
...
Health / addiction
Searching for indicator addicts:
(return to top)
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.
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
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: 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: 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: current monthly legal minimums, charged to public resources.
p.002015: Paragraph 2. As of the effective date of this Legislative Act, they may not be established in agreements,
p.002015: collective bargaining agreements, awards or any legal act, different pension conditions
p.002015: before those established in the laws of the General Pension System.
p.002015: Transitional Paragraph 1. The pension system of national, nationalized and territorial teachers, linked
p.002015: The official educational public service is the one established for the Magisterium in the legal provisions in force with
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: (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: 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,
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
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: 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: 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: 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: 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: 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: 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,
...
Searching for indicator access to information:
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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
...
Social / Age
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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
p.002015: On Social, Economic and Cultural Rights (Articles
p.002015: 41-44)
...
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: current monthly legal minimums, charged to public resources.
p.002015: Paragraph 2. As of the effective date of this Legislative Act, they may not be established in agreements,
...
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: 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: 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: 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
...
Social / Child
Searching for indicator child:
(return to top)
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: 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.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
...
Searching for indicator children:
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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: 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
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: 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: 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)
...
Social / Ethnicity
Searching for indicator ethnic:
(return to top)
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: 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,
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: 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
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: (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: 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: 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
...
Social / Incarcerated
Searching for indicator liberty:
(return to top)
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: 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
...
Searching for indicator prison:
(return to top)
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.
...
Social / Linguistic Proficiency
Searching for indicator language:
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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
...
Searching for indicator linguistic:
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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
...
Social / Marital Status
Searching for indicator marital status:
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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
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.
...
Searching for indicator single:
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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: 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: 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
...
Social / Occupation
Searching for indicator job:
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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.
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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
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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.
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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
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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
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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
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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: The declaration of the State of Foreign War will only proceed once the Senate has authorized the declaration of
p.002015: war, unless in the opinion of the President it is necessary to repel aggression.
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
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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: 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.
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
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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
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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
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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
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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: 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: 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: 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.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: 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)
...
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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.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.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
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.
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Searching for indicator property:
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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,
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.
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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,
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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: 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.
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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
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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
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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.
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p.001994: The Government shall submit to the Congress, the following month of its installation, the bill concerning the exercise of
p.001994: the functions of the Bank and the regulations subject to which the Government will issue its statutes, in accordance
p.001994: with article 372 of the Constitution.
p.001994: If the corresponding law has not been issued one year after the presentation of this project, the President of the
p.001994: Republic will put it into effect by decree with force of law.
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.
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Social / Racial Minority
Searching for indicator minority:
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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
...
Searching for indicator race:
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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
...
Social / Religion
Searching for indicator faith:
(return to top)
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: 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: 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
...
Searching for indicator conviction:
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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.
...
Searching for indicator religion:
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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: 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
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
...
Searching for indicator religious:
(return to top)
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: 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
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: 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,
...
Social / Soldier
Searching for indicator armedXforces:
(return to top)
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.
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Searching for indicator army:
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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
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Searching for indicator military:
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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
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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: (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
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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.
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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:
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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.
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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: 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.
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
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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
...
Social / Threat of Violence
Searching for indicator violence:
(return to top)
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: 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
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.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
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
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
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: 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: 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: 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: 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
...
Social / Unemployment
Searching for indicator unemployed:
(return to top)
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
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.
...
Searching for indicator unemployment:
(return to top)
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: (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
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Social / Victim of Abuse
Searching for indicator victim:
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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.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
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Searching for indicator abuse:
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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: 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: current monthly legal minimums, charged to public resources.
p.002015: Paragraph 2. As of the effective date of this Legislative Act, they may not be established in agreements,
p.002015: collective bargaining agreements, awards or any legal act, different pension conditions
p.002015: before those established in the laws of the General Pension System.
p.002015: Transitional Paragraph 1. The pension system of national, nationalized and territorial teachers, linked
p.002015: The official educational public service is the one established for the Magisterium in the legal provisions in force with
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: 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: 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
p.002015: dictate the use of the powers referred to in the preceding articles, so that it may decide definitively
p.002015: about its constitutionality. If the Government does not fulfill its duty to send them, the Constitutional Court
p.002015: will apprehend ex officio and immediately his knowledge.
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: 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.
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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
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Social / Women
Searching for indicator women:
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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: 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
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: 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.
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
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: 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.
...
Searching for indicator youth:
(return to top)
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 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
...
Social / education
Searching for indicator education:
(return to top)
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: 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: 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: 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: 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: 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: 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.
p.002015: In any case, the rights acquired by the workers will be respected.
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: 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: 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
p.002015: by the DANE for the respective year is greater than 4%, the increase in the GSP will be equal to the inflation rate
p.002015: caused, plus the actual growth rate indicated in transitory paragraph 1 of this article, plus
p.002015: percentage points of difference resulting from comparing the real growth rate of the certified economy
p.002015: gives for DANE and 4%. These additional resources will be devoted to comprehensive early childhood care. The
p.002015: increase in the GSP due to higher economic growth, which is the subject of this paragraph, will not generate a basis for the
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.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.
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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: 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: 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: current monthly legal minimums, charged to public resources.
p.002015: Paragraph 2. As of the effective date of this Legislative Act, they may not be established in agreements,
p.002015: collective bargaining agreements, awards or any legal act, different pension conditions
p.002015: before those established in the laws of the General Pension System.
p.002015: Transitional Paragraph 1. The pension system of national, nationalized and territorial teachers, linked
p.002015: The official educational public service is the one established for the Magisterium in the legal provisions in force with
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
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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.
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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
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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
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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.
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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.
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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
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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,
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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.
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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: 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.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.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.
...
Social / gender
Searching for indicator gender:
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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: 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: 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
...
Social / parents
Searching for indicator parents:
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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: 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
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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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: 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: 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: 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: 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: The declaration of the State of Foreign War will only proceed once the Senate has authorized the declaration of
p.002015: war, unless in the opinion of the President it is necessary to repel aggression.
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: 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: 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.
p.002015: Article 341. The government shall prepare the National Development Plan with active participation of the authorities of
p.002015: planning, of the territorial entities and of the * Judicial Government Council and will submit the project
p.002015: corresponding to the concept of the National Planning Council; After hearing the opinion of the Council, it shall proceed to
p.002015: make the amendments
p.002015: that it considers pertinent and will present the project to the Congress, within six months
p.002015: following the beginning of the respective presidential period.
p.002015: * Legislative Act 02 of 2015, article 26. Concurrences, validities and derogations. Replace the expression
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.
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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.
...
Social / public official
Searching for indicator public official:
(return to top)
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.
...
Economic / Economic/Poverty
Searching for indicator poor:
(return to top)
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
...
Searching for indicator poverty:
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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: 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
p.002015: by the DANE for the respective year is greater than 4%, the increase in the GSP will be equal to the inflation rate
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General/Other / Dependent
Searching for indicator dependent:
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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.
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
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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: 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.
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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: 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: 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: 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: 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: 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: 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: 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: 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: 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.
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: 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.
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.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.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
...
General/Other / Incapacitated
Searching for indicator incapacity:
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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.
...
General/Other / Other Country
Searching for indicator foreign country:
(return to top)
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
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
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
p.002015: dictate the use of the powers referred to in the preceding articles, so that it may decide definitively
p.002015: about its constitutionality. If the Government does not fulfill its duty to send them, the Constitutional Court
p.002015: will apprehend ex officio and immediately his knowledge.
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: 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.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: 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.
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
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: 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: 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: 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: 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: 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: 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: 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.
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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
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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)
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.
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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:
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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.
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.
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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
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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.
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
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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
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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: 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: 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: 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: 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.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.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.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
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| access to information | Access to information |
| addicts | addiction |
| age | Age |
| armedXforces | Soldier |
| army | Soldier |
| asylum | Refugee Status |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| child | Child |
| children | Child |
| conviction | Religion |
| crime | Illegal Activity |
| criminal | criminal |
| dependence | Drug Dependence |
| dependency | Drug Dependence |
| dependent | Dependent |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| emergency | Public Emergency |
| employees | employees |
| ethnic | Ethnicity |
| faith | Religion |
| family | Motherhood/Family |
| foreign country | Other Country |
| gender | gender |
| home | Property Ownership |
| illegal | Illegal Activity |
| illness | Physically Disabled |
| incapacity | Incapacitated |
| indigenous | Indigenous |
| influence | Drug Usage |
| job | Occupation |
| language | Linguistic Proficiency |
| liberty | Incarcerated |
| linguistic | Linguistic Proficiency |
| marital status | Marital Status |
| military | Soldier |
| minor | Youth/Minors |
| minority | Racial Minority |
| motherhood | Motherhood/Family |
| nation | stateless persons |
| native | Indigenous |
| opinion | philosophical differences/differences of opinion |
| parents | parents |
| party | political affiliation |
| police | Police Officer |
| political | political affiliation |
| poor | Economic/Poverty |
| poverty | Economic/Poverty |
| prison | Incarcerated |
| property | Property Ownership |
| prosecuted | Prosecuted |
| public official | public official |
| race | Racial Minority |
| religion | Religion |
| religious | Religion |
| single | Marital Status |
| unemployed | Unemployment |
| unemployment | Unemployment |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
| victim | Victim of Abuse |
| violence | Threat of Violence |
| vulnerable | vulnerable |
| women | Women |
| youth | Youth/Minors |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| abuse | ['victim'] |
| armedXforces | ['army', 'military'] |
| army | ['armedXforces', 'military'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['faith', 'religion', 'religious'] |
| crime | ['illegal', 'unlawful'] |
| dependence | ['dependency'] |
| dependency | ['dependence'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| drug | ['influence'] |
| education | ['educational'] |
| educational | ['education'] |
| faith | ['conviction', 'religion', 'religious'] |
| family | ['motherhood'] |
| home | ['property'] |
| illegal | ['crime', 'unlawful'] |
| indigenous | ['native'] |
| influence | ['drug'] |
| language | ['linguistic'] |
| liberty | ['prison'] |
| linguistic | ['language'] |
| marital status | ['single'] |
| military | ['armedXforces', 'army'] |
| minor | ['youth'] |
| minority | ['race'] |
| motherhood | ['family'] |
| native | ['indigenous'] |
| party | ['political'] |
| political | ['party'] |
| poor | ['poverty'] |
| poverty | ['poor'] |
| prison | ['liberty'] |
| property | ['home'] |
| race | ['minority'] |
| religion | ['faith', 'conviction', 'religious'] |
| religious | ['faith', 'conviction', 'religion'] |
| single | ['maritalXstatus'] |
| unemployed | ['unemployment'] |
| unemployment | ['unemployed'] |
| unlawful | ['crime', 'illegal'] |
| victim | ['abuse'] |
| youth | ['minor'] |
Trigger Words
capacity
coercion
consent
cultural
developing
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input