ELECTORAL SYSTEM
2. The constituency is the province. The peoples of islands and remote places will be represented by the number of Delegates corresponding to their population density.
3. The election shall be verified in each Assembly on the basis of criteria of proportional representation.
DURATION IN CHARGES
4. The functions and delegations of any charge have no termination period and end by express and written waiver, or for any reason determined by the relevant Assembly, by attribution in crimes of any kind with judicial decision in process or in firm standing. Outside of the reasons for criminal imputability, titles and positions may only be withdrawn by the same Assembly to which they are represented.
5. All citizens who are fully using their political rights are eligible and voters. The Act does not recognize or facilitate voting and political participation for citizens who have fixed residence in another country.
6. The offices appointed by the Assemblies, as well as the dismissions, shall have immediate effect.
ARTICLE 69
1. Any political representation that does not come from the Citizens’ Assemblies system is abolished.
2. Although public and political offices are ad honorem the Assemblies – and only them – will be able to determine a salary for delegates and officials who must spend all their time in the role. This salary shall never exceed the average wage of a worker and only travel and accommodation costs may be added in moderate quality.
ARTICLE 70 – INCOMPATIBILITIES AND INELIGIBILITY FOR DIRECTIVE COMMITTEES
1. Electoral law shall determine the causes of ineligibility and incompatibility of the members of Assemblies and Delegates comprising, in any event:
a) To the components of the Constitutional Court, although they will be elected by the National Assembly.
b) Those who have held a political post and have been dismissed.
d) To active Magistrates, Judges and Prosecutors.
(e) To the professional military and members of the Security and Police Forces and Police in operation.
(f) Members of the Electoral Boards.
2. The validity of the minutes and credentials of the members of the Assemblies shall be subject to judicial review, in the terms established by electoral law.
ARTICLE 71 – ASSEMBLY INVIOLABILITY AND IMMUNITY
1. Citizens and members of the Assemblies shall be inviolable by the views expressed in the exercise of their duties, only within the Assembly and where their manifestations are not attributable to the Law.
2. During the period of office of office, members of the Board of Directors, Delegates and officials shall also enjoy immunity and may only be detained in the event of a flagrant offence. But they may be charged and prosecuted without the prior authorization of the respective Assembly if the judicial investigation finds it possibly guilty with sufficient evidence, in which case the relevant Assembly must be informed to determine its temporary dismissal from office. After a final guilty sentence, he will not be able to return to any public or political office for life.
3. In cases against members or officials of the National Assembly or its Ministries and Secretariats, the Criminal Chamber of the Supreme Court shall have jurisdiction.
4. The Members of the Board of Directors of the Provincial and National Assemblies shall receive an allocation to be fixed by the Lesser Assembly or First Order of Origin as set out in Article 69, inc. 2.
ARTICLE 72 – ASSEMBLY RULES
1. The Assemblies establish their own Regulations, autonomously approve their budgets and, by common agreement, regulate the Staff Regulations.
The Regulations and their reform will be subject to a final vote on their entirety, which will require an absolute majority.
2. The Assemblies elect their respective Presidents and the other members of their Bureaus. The sessions will be chaired by the President of the Assembly, who shall act as moderator and coordinator. You will have a voice but you will only have a vote when you have to define a tie.
3. The Presidents of the Assemblies exercise on behalf of them all administrative powers and police powers within their respective headquarters.
4. The Presidents of Minor, Municipal and Provincial Assemblies will in no way be able to receive economic remuneration for their work. The President of the National Assembly and the members of his Board of Directors are the only ones eligible if necessary, for a salary equal to the average of a worker’s salary.
5. The President of the National Assembly is the President of the Nation, a position he arrives on successive merits and consequential elections, but his attributes will never exceed the provisions of this Constitution.
ARTICLE 73 – SESSIONS OF THE ASSEMBLIES
1. The Minor and First Order Assemblies will meet at least once a week, communicating it to all citizens in a timely manner. Meetings of the Board of Directors without the invitation to citizenry shall have no effect or validity.
2. The Provincial Assemblies may convene an extraordinary session to the Local and Minor Assemblies as well as the Provincial Assemblies in particular or all the Assemblies of the Nation in general, may be convened by the National Assembly where required by any special circumstance.
ARTICLE 74 – ASSEMBLY AND GENERAL LEGISLATION ACT
1. Any other consideration not present in this Constitution on the functioning of the Assemblies and regulations thereof or their subsequent amendments must always start from the assembly body.
2. The National Assembly is the only legislative and executive body that can make decisions of national effect. The Provincial Assemblies may not issue provincial rules without the consensus of three-quarters of the Local and Minor Assemblies. In this sense, the Lesser Assemblies are counted as a local, ensuring the actual participation of decision in the smaller population centres.
3. The determinations of the Provincial Assemblies shall only be valid once ratified by the National Assembly.
ARTICLE 75 – THE PLENARY AND ASSEMBLY COMMITTEES
1. The Assemblies shall always operate in plenary and their Committees shall do so in the order provided for by the Assembly itself by expressly following its directives.
2. The General Budgets of the State will be constantly updated by the Ministry of Economy and with weekly information to the National Assembly.
ARTICLE 76
1. The Assemblies may appoint Commissions of Inquiry on any matter of public interest. Their conclusions shall not be binding on the Courts, nor shall they affect judicial decisions, without prejudice to the outcome of the investigation being communicated to the Public Prosecutor’s Office for the exercise, where appropriate, of appropriate actions.
2. It shall be mandatory to appear in person at the request of the Assemblies, as well as an injunction. The Act will regulate penalties for your non-compliance.
ARTICLE 77 – REQUESTS TO ASSEMBLIES
1. Assemblies may receive individual and collective requests following the Assembly Process.
ARTICLE 78 – RIGHT OF PERMANENT SESSION
The right of permanent session to the Minor, Local and Provincial Assemblies that require attention to any problem, because there is specific or general local damage, until the decisions of the Provincial and/or National Assembly are adjusted, to an agreement that in accordance with all parties.
ARTICLE 79 – AGREEMENTS AND RESOLUTIONS
1. To adopt agreements, the Assemblies must be meeting by regulation and with the assistance of the majority of its members. The non-attendance of any member of the Board of Directors to the Assembly session shall be covered in temporary or permanent replacement by any citizen who fulfils the conditions for office, with 50% approval plus one of the assistants. They may not cover replacement in the National Assembly, delegates of Provincial Assemblies, or in these Delegates of Local Assemblies.
2. Such agreements and resolutions, to be valid, must be approved by the majority of the members present, the vote of the citizens is personal and indelegable.
ARTICLE 80 – ADVERTISING OF SESSIONS
The sessions of the Assemblies shall be public and shall not be valid if they do not comply with the proper publication for all citizens to participate. A television channel, a radio station and an Internet channel will constantly broadcast the activity of the National Assembly when it is in session. The rest of the time these media will broadcast from the Provincial Assemblies or from the Locals and Minors. (This article enters into force as soon as the Assembly operation is stable).
CHAPTER II – OF THE ELABORATION OF THE LAWS
ARTICLE 81
1. Organic laws are those relating to the development of fundamental rights and public freedoms, which approve the Province Statutes and the general electoral regime and the others provided for in the Constitution.
2. The adoption, modification or repeal of organic laws will require a two-thirds vote of the National Assembly in a final vote on the whole project. On legal codes, only the Judiciary may create or amend laws, which will enter into force with the vote of two-thirds of the Delegates of the National Assembly.
ARTICLE 82 – THE LEGISLATIVE DELEGATION
The National and Provincial Assemblies will not be able to delegate legislative responsibility, ensuring that all laws come from the Will of the People, through the Assembly system. Provincial and national laws will be identical.
2. The Laws will be basic in their creation, in accordance with fundamental ethics, clear in their expression and feasible in their application.
DRAFTING LEGAL TEXTS
4. The Assemblies shall make the legal drafts of their jurisdiction during the sessions and in the presence of the Citizens, as well as the drafting of the petitions or proposed bills to the Major Assemblies. The National Assembly will do the same but may only vote provisionally, having to wait seventy-two hours, for the Provincial Assemblies to ratify the text, thereby enacting or re-debated the text of the Law.
5. Without prejudice to the jurisdiction of the Courts, the Assemblies may in each case establish additional control formulas.
ARTICLE 83 – LIMITATION TO BASES LAWS
The Basic Laws may be amended as all laws, including this Constitution, through the corresponding Assembly process.
ARTICLE 84
As stated in the previous article, this Constitution guarantees the right of Evolution of Consciousness, Jurisprudence and Legislation, in accordance with the Will and Sovereignty of the People.
ARTICLE 85 – LEGISLATIVE DECREES
The provisions of bodies under the National Assembly shall have the effect of the Law only when it has gone through the Assembly process.
ARTICLE 86 – DECREES-LAWS AND THEIR VALIDATION
1. In case of extraordinary and urgent need, the National Assembly may issue provisional legislative provisions which shall take the form of decrees-laws and which may not affect the ordering of the basic institutions of the State, the rights, duties and freedoms of citizens covered by Title I, the regime of the Provinces or the general electoral law.
2. Decrees-laws shall be communicated immediately within twenty-four hours of their promulgation and subject to debate and vote of the entire Citizens’ Assemblies, convened for this purpose if they are not assembled. The Provincial Assemblies shall give its opinion expressly within a period of no more than seven calendar days, on their validation or repeal, for which the regulation shall establish a special and summary procedure.
3. During the period laid down in the previous paragraph, the Assemblies may process them as draft laws by the emergency procedure.
ARTICLE 87 – LEGISLATIVE INITIATIVE
1. The legislative initiative corresponds to the whole of the Citizens and exercises it through the Assembly System as the only valid way.
LEGISLATIVE INITIATIVE OF THE PROVINCES
2. The Assemblies of the Provinces may request the adoption of a draft law from the National Assembly. In addition, the Minor and Local Assemblies may request the Provincial Assembly. All Law must be validated by the Judicial Chamber of the Nation.
POPULAR LEGISLATIVE INITIATIVE
3. Every Citizen has a singing voice and effective vote in the Local Assembly, as well as in the Provincial Assembly and can petition in writing to the National Assembly with the approval of its Minor or Local Assembly, so that any legislative initiative must follow the assembly process.
ARTICLE 88 – BILLS
Draft laws drafted by any citizen will only be considered as such with the approval of an absolute majority in The Local Assembly. If it does not succeed, but obtains forty per cent or more of the votes in favour, the citizen may appear for once in the Provincial Assembly, with the Delegates of his Assembly.
ARTICLE 89 – LAW PROPOSALS
1. Members of the Board of Directors of the National Assembly may only propose National Laws. Those of the Provincial Assembly, only laws of provincial scope without contravening the National Laws. Local Assemblies may not enact rules that contradict National or Provincial Laws.
2. Delegates of any Assembly, Journalists, police and military, are inhibited from submitting proposals for law to their own Local Assemblies, no possibility of legislative initiative in the Provincial or National order, nor can others on their behalf. They may only do so by resigning from their position and/or function. Judges may do so through the appropriate court proceedings before the Judicial Chamber of the Nation.
SANCTIONING AND ENACTING LAWS
ARTICLE 90
1. All Laws enacted shall enter into force as soon as they are adopted and may not have retroactive effect.
ARTICLE 91
The High Court may revise the texts in advance, to avoid contradictions and incompatibilities with each other or with this Constitution.
ARTICLE 92 – REFERENDUM
All political decisions are of particular importance and must be subject to consultative referendums by all citizens through the Assembly system described. Likewise, all measures which ministries consider to be of strategic importance to the Nation or affect the Provinces in particular interests must be put to a referendum.
CHAPTER III – OF INTERNATIONAL TREATIES
ARTICLE 93
Organic law may authorise the conclusion of treaties conferring on a National organization or institution the exercise of powers derived from the Constitution, in agreement with foreign organizations or nations. No international body will take precedence over the decisions of the Citizens of the Nation. It is for the National Assembly to ensure compliance with these treaties and the resolutions by the international or supranational bodies that hold the transfer, provided that they do not violate the National Sovereignty, the Political Sovereignty of citizens, the Laws and this Constitution.
ARTICLE 94 – INTERNATIONAL TREATIES
1. The National Assembly may make international treaties and these treaties may be:
(a) Treaties of a political nature.
(b) Military treaties or conventions.
(c) Treaties or conventions affecting the territorial integrity of the State.
d) Treaties or conventions involving financial obligations to the Public Treasury.
(e) No treaty of any order shall require the modification of laws or this Constitution, but the National Assembly may promote the creation of non-contradictory laws with any existing one, in order to channel such treaties.
2. The Assemblies and citizens shall be immediately informed of any outcome on conventions.
3. Diplomatic immunity throughout the national territory is abolished, except for diplomats and foreign authorities determined promptly by the National Assembly.
ARTICLE 95 – INTERNATIONAL TREATIES AND THE CONSTITUTION
1. The conclusion of an international treaty containing provisions contrary to the Constitution, laws and convenience of the People, shall require the revision of that treaty, since no foreign influence, even if it arises of temporal or particular expediency, may be above the Citizens’ Will, or compel it to amend its Laws.
2. The National Assembly or any Provincial Assembly may require the Constitutional Court to declare whether or not such a contradiction exists
ARTICLE 96 – REPEAL OF TREATIES AND CONVENTIONS
1. Valid international treaties, once officially published in the Nation, will form part of the domestic order. Its provisions may only be repealed, amended or suspended in the manner provided for in the treaties themselves or in accordance with the general rules and the Will of Citizenship.
2. Any recognition of international law, as well as any treaty prior to the promulgation of this Constitution, not endorsed by the National Assembly according to the Assembly process, is abolished, since the Nation declares that it will respect the treaties it makes going forward, or will break relations with foreign states or institutions that do not work in the same way. The People of the Nation is Sovereign and does not recognize any court outside its borders with the capacity to judge you.
3. The same procedure provided for their adoption in Article 94 shall be used for the denunciation of international treaties and conventions.
TITLE IV – GOVERNMENT AND ADMINISTRATION
ARTICLE 97 – THE GOVERNMENT IS THE PEOPLE MEETING IN ASSEMBLY
The National Assembly directs domestic and foreign policy, civil and military administration and state defense. Exercises executive function and regulatory power in accordance with the Constitution and laws
ARTICLE 98 – COMPOSITION AND STATUS OF GOVERNMENT EXECUTIVES
1. Government Executives are the Ministers and other officials appointed by the Assemblies, in order to fulfil their timely mandates, as required by law.
2. The President of the National Assembly directs the action of government executives and coordinates the functions of the other employees of the State, without prejudice to their competence and direct responsibility in their management.
3. The Executive Members of the Government may not perform other representative functions than those of the Assembly mandate or any other public function that does not derive from their office, nor any professional or commercial activity.
4. The law will regulate the status and incompatibilities of Government Executives and Employees.
ARTICLE 99
APPOINTMENT OF THE PRESIDENTS OF THE NATIONAL ASSEMBLY, PROVINCIAL, LOCAL, MINOR AND OTHER OFFICES.
1. The position of President of the National Assembly and that of President of the Provincial, Local and Minor Assemblies, as well as any office of the Boards of Directors, may be proposed from any Minor or Local Assembly. In the event that the Citizenship wishes to replace the President of the National Constituent Assembly, author of this Constitution, or must replace a President or any of the provincial or locality positions, hereinafter and for any justy reason, proceed in accordance with the Law and the Statutes. Only any position in the National Assembly, who has previously done so for five years in the relevant Provincial Assembly, may hold only one position, and provincial positions may only be held by those who have held five years in the Local Assembly. Logical exception applies to the members of the first National, Provincial, Local and Minor Constituent Assemblies, who will remain in office for life if they are not dismissed through the Assembly Process of the three assembly bodies. Any other assembly democratic mechanism should be debated by the Citizenship, as defined in this Constitution through the participation of the entire Citizenship. Any mechanism that does not provide for effective expression by voting of every last eligible citizen under the law will be unconstitutional.
THE INVESTITURE VOTE
2. The candidate nominated in accordance with the previous paragraph shall present to his/her respective Local Assembly, his political agenda and the reasons why he is candidate and request the confidence of the Assembly, to present himself as a Delegate Candidate for the Presidency of the Province. Candidates for the Presidency of the National Assembly or any of the other eight positions may only exercise in accordance with the preceding paragraphs, after five years of unimpeachable and exemplary political activity. The media may not under any circumstances serve as political campaign advertising means, as the charges are not product, merchandise or abstraction capable of commercial-style propaganda or advertising.
ARTICLE 100
APPOINTMENT OF NATIONAL, PROVINCIAL MINISTERS AND COUNCILS
Government Executives shall be appointed and separated by the President of each Assembly on the proposal of the Assembly itself.
ARTICLE 101 – GOVERNMENT CESE
1. The Government as an entity is the People, so it cannot cease. Each or every member of an Assembly may only be separated from office, through the intervention of all citizens in the Assembly itself, provided that complaints of crimes against the Constitution are made, conspiracy against the Assembly system, attempted perversion of the economy, manifest and obvious ineptitude to office, illicit economic usufruct or treason to the Fatherland.
ARTICLE 102 – RESPONSIBILITY OF ASSEMBLY MEMBERS
1. The criminal responsibility of the President and the other members of the National and Provincial Assemblies shall, where appropriate, be enforceable before the Criminal Chamber of the Supreme Court.
2. If the charge is treason or for any offence against the security of the State in the exercise of its duties, it may only be raised on the initiative of the fourth of the members of the Assembly and with the approval of an absolute majority thereof.
ARTICLE 103 – THE PUBLIC ADMINISTRATION
1. The Public Administration objectively serves general interests and acts in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission to the law and law determined by the Assembly System
2. The bodies of the State Administration are created, governed and coordinated in accordance with this Constitution.
STATUS OF PUBLIC OFFICIALS
3. The law shall regulate the status of public officials, access to the civil service in accordance with the principles of merit and capacity, the system of incompatibilities and guarantees for impartiality in the exercise of their duties.
ARTICLE 104 – STATE SECURITY FORCES AND BODIES
1. The Security Forces and Bodies, under the government’s dependence, will have the mission of protecting the free exercise of rights and freedoms and ensuring citizen security.
2. An organic law will determine the functions, basic principles of action and statutes of the Security Forces and Bodies.
3. The President of each Assembly shall be the Chief of Police of his jurisdiction, being able to appoint on his own initiative or on the demand of the Assembly an Executive Chief when he does not have sufficient police training himself. The President of the Nation is the Head of the Armed Forces.
ARTICLE 105 – THE LAW WILL REGULATE THE PARTICIPATION OF CITIZENS
(a) The Assembly System ensures the full participation of all citizens in all public order decisions.
(b) Citizens’ access to administrative records and records, except as far as the security and defence of the State, the investigation of crimes and the privacy of individuals, with exceptions in accordance with the Laws of Journalism. The Presidents of Assemblies may require for their reserved and justified knowledge the files and files even when they were under summary secrecy.
(c) The procedure through which administrative acts must take place, ensuring, where appropriate, the hearing of the person concerned, shall be determined by the Assembly in each case.
ARTICLE 106 – JUDICIAL CONTROL OF THE ADMINISTRATION
1. The Courts control the regulatory power and legality of administrative action, as well as the submission of administrative action for the purposes justifying it.
2. Individuals, in the terms established by law, shall be entitled to be compensated for any injury they suffer in any of their goods and rights, except in cases of force majeure, provided that the injury is a consequence of the functioning of the public services.
ARTICLE 107 – THE COUNCIL OF STATE
The Council of State is composed of Ministers and Secretaries and its role is to advise and suggest, but the decision-making power rests solely with the President and the Citizens’ Assembly.
TITLE V -OF RELATIONS BETWEEN ASSEMBLIES
ARTICLE 108 – RESPONSIBILITY OF THE EXECUTIVE TO THE ASSEMBLY
Government Executives, as well as other public employees, shall be accountable for their doing before their respective Assemblies, on a weekly basis in the Minors and Locals, daily before the Provincials and National. They will do so by submitting an oral or written report as the case may be, even if there is no news to submit. They may not refuse to declare to the Assembly the information required by the Assembly.
ARTICLE 109 – RIGHT OF INFORMATION OF THE ASSEMBLIES
Assemblies of any order may collect any information they require from Government Executives of any jurisdiction, except those regulated in the Military Statute.
ARTICLE 110
1. The Assemblies may claim the presence of the Executive Members of the Government.
2. Government Executives have access and obligation to attend and assist the assemblies of the Assemblies and their Committees and the power to make themselves heard in them, and may request that they report to them, officials of their Departments.
ARTICLE 111 – CHALLENGES AND QUESTIONS
1. The Assemblies’ Boards and each of its members are subject to the questions and questions put to it at the sessions. For this type of debate the Regulations shall establish a minimum weekly or daily time as the case may be.
2. Any appeal may give rise to a motion in which the Assembly expresses its position. The Board of Directors shall obey the majority mandate of the Assembly, even if none of the members of that Bureau agree with the majority.
ARTICLE 112 – THE QUESTION OF TRUST
The President of the Nation, after deliberating with the Council of Ministers, will have priority to set out a programme, an emergency action, and the confidence will be manifested only through the Assembly Process that votes in favour.
ARTICLE 113 – MOTION OF CENSURE
1. ON GOVERNMENT EXECUTIVES: Any Provincial Assembly may demand political responsibility to the National Assembly for the actions and achievements of Government Executives by adopting by an absolute majority of the Delegates of the Provincial Assemblies, the motion of censure. In this act, no other citizens present, members of the Board of Directors of the National Assembly, or Government Executives, but only Provincial Delegates to the National Assembly may vote.
2. ABOUT ASSEMBLY MEMBERS: If the Motion of Censorship affects the President of the Nation or another member of the National Board of Directors, the mechanism will be the same but must have an absolute majority of the Provincial Assemblies to be dealt with.
3. The motion of censure may not be voted on until five days have elapsed since its submission. Alternative motions may be submitted within the first two days of the period and candidates for positions that may become vacant will not be submitted, but will be filled through the Assembly Process.
4. If the motion of censure is not approved by the Assembly, its signatories may not file another for one year.
ARTICLE 114 – GOVERNMENT RESIGNATION
In the event of resignation of any or all members of an Assembly, the Assembly Process shall be followed for replacement. In the National and Provincial Assemblies, Delegates may fill the vacant posts on an interim basis.
ARTICLE 115 – DISSOLUTION OF CHAMBERS AND OTHER BODIES – CANDIDACY REQUIREMENTS
1. They are dissolved by mandate of the present Constitution and endorsed by the Citizens’ Assemblies, the legislative chambers of the former partidocratic system. The President of the National Constituent Assembly has a period of three years to lead the Nation under the Assembly System, after which it must be ratified or dismissed by assembly process. Ratification must have a two-thirds majority of the total population.
2. If it is not ratified, it must accept a Delegate from each Provincial Assembly who wishes to hold the post and qualifies in accordance with the following paragraph, to directly vote on them by all citizens. Each candidate will have only one hour of national telecommunications chain to give their speech, and only two candidates will do so. After the speeches, a five-minute review will be carried out per candidate, of the part of the speech chosen by himself. The Presidency of the National Assembly shall be held by those who receive at least one third of the total votes. If none do so, the President to replace it will remain for another year, after which he will reconvene the candidates and repeat the process until it is defined. Through the Assembly process, citizens can modify this section and the next to improve the mode of choice, depending on the technology available so that it is not onerous to the Nation.
3. Candidates must meet the following requirements:
a) Have no criminal cases in your personal history, nor civilians pending or in which you have been convicted.
b) Have been elected successively in your Local Assembly or in the Minor if you are, as a candidate for Presidency Delegate (the normal of the Delegates), then in the Provincial Assembly and finally with at least three years participating unimpeachably in the National Assembly as a Delegate.
c) Not having been President of the Provincial Assembly, since no President of the Assembly may be President of a Higher Assembly in order, even if he may serve as Ceo or Executive Appointee of Government if his role deserves it.
d) Speak, write and read with absolute correctness.
e) Have excellent health.
f) Swear absolute Loyalty to the People of the Nation and their determination to every sacrifice if necessary to protect it.
ARTICLE 116
1. An organic law will regulate the alarm, exception and site states, and the corresponding competencies and limitations.
ALARM STATUS
2. The state of alarm shall be declared by the National Assembly by decree agreed in the Council of Ministers and Delegates of the Provincial Assemblies for a maximum period of fifteen days, informing the Citizens immediately gathered for this purpose and without whose authorization that period may not be extended. The decree shall determine the territorial scope of the effects of the declaration.
STATE OF EMERGENCY
3. The state of emergency shall be declared by the National Assembly by decree agreed in the Council of Ministers and Delegates of the Provincial Assemblies. The authorisation and proclamation of the state of emergency shall expressly determine the effects of the state of emergency, the territorial area to which it extends and its duration, which may not exceed thirty days, extendable by another period equal, with the same requirements.
SITE STATE
4. The state of siege will be declared by the majority of two thirds of the National Assembly that will determine its territorial scope, duration and conditions, with complete and constant information to the entire Citizens.
5. Motion of censure may not be made until some of the states covered by this Article are declared, and the Local Assemblies may be automatically convened if they are not held on days of session. Its functioning, as well as that of the other constitutional powers of the State, may not be interrupted during the term of these states.
6. The declaration of alarm, emergency and site states shall not alter the principle of responsibility of the Assemblies, Delegates and their agents recognized in the Constitution and in the laws.
TITLE VI – OF THE JUDICIARY
ARTICLE 117 – INDEPENDENCE OF JUSTICE
1. Justice emanates from the People and is administered by judges and magistrates who are members of the judiciary, independent, immovable, responsible and subject only to the rule of law.
IMMOBILITY OF JUDGES AND MAGISTRATES
2. Judges and Magistrates may not be separated, suspended, transferred or retired, but by Motion of Censure and with two thirds of the votes of Delegates of all Provincial Assemblies. The National Assembly, jointly and severally with the Supreme Court, will investigate any case complained against a Judge or Magistrate.
3. The exercise of jurisdiction in all types of proceedings, judging and enforcing the courts, falls exclusively to the Courts and Tribunals determined by the laws, according to the rules of jurisdiction and procedure established by them.
4. The Courts and Tribunals shall not perform more functions than those indicated in the previous section and those expressly assigned to them by law in guarantee of any right.
5. Judges and Magistrates shall receive financial remuneration from State funds, equivalent to twice the salary of a worker and may not possess other income without duly justifying them before the relevant Assembly, which may only come from manual, artistic or intellectual work under the Intellectual Benefit Act.
JURISDICTIONAL UNIT
5. The principle of judicial unity is the basis for the organisation and operation of the Courts. The law will regulate the exercise of military jurisdiction in the strictly castrense field and in cases of state of siege, in accordance with the principles of the Constitution.
6. Exceptional courts are prohibited, except in the military and in a war situation.
ARTICLE 118 – COLLABORATION WITH JUSTICE
It is necessary to comply with the judgments and other final decisions of the Judges and Courts, as well as to provide the cooperation required by them in the course of the proceedings and in the execution of the decision.
ARTICLE 119 – FREE OF JUSTICE
Justice will be free in all cases, including civil trials. The law shall determine the amount of punition in these without prejudice to minimum family economies, as well as penalties for detention under the Ecologenic Plan. The possibility of “bonding” is abolished in the criterion that justice cannot be bought.
ARTICLE 120 – PUBLICITY OF LEGAL PROCEEDINGS
1. Legal proceedings shall be public, with the exceptions provided for by procedural laws.
2. The procedure will be predominantly oral, especially in criminal matters.
3. Sentences will always be reasoned and will be pronounced at a public hearing.
ARTICLE 121 – COMPENSATION FOR JUDICIAL ERRORS
Damage caused by judicial error, as well as those resulting from the abnormal functioning of the Administration of Justice, shall be entitled to compensation by the State, in accordance with the Law.
ARTICLE 122 – COURTS AND TRIBUNALS
1. The organic law of the Judiciary shall determine the constitution, operation and governance of the Courts and Tribunals, as well as the legal status of the Judges and Career Magistrates, who shall form a single Corps, and of the staff in the service of the Administration of Justice.
GENERAL COUNCIL OF THE JUDICIARY
2. The General Council of the Judiciary is its governing body. Organic law shall lay down its status and regime of incompatibilities of its members and their functions, in particular on appointments, promotions, inspection and disciplinary regime
3. The General Council of the Judiciary shall be composed of the President of the Supreme Court, who shall preside over it, and twenty members appointed by the National Assembly, for a period of five years. Of these, twelve among Judges and Magistrates of all judicial categories, in the terms established by organic law; four on the proposal of the Delegates of Provincial Assemblies, and four on a proposal from the Council of Journalists, elected in both cases by a majority of three-fifths of its members, including lawyers and other lawyers, all of whom are recognized and with more than fifteen years of practice in their profession.
ARTICLE 123 – THE SUPREME COURT
1. The Supreme Court, with jurisdiction throughout The Nation, is the highest court in all orders, except for constitutional guarantees.
2. The President of the Supreme Court shall be appointed by the National Assembly on a proposal from the General Council of the Judiciary, in the manner determined by law.
ARTICLE 124 – THE FISCAL MINISTRY
1. The Public Prosecutor’s Office, without prejudice to the functions entrusted to other bodies, is responsible for promoting the action of justice in defence of the legality, the rights of citizens and the public interest protected by law, ex officio or at the request of the interested parties, as well as to ensure the independence of the Courts and to ensure the satisfaction of the social interest.
2. The Public Prosecutor’s Office carries out its functions through its own bodies in accordance with the principles of unity of action and hierarchical dependence and subject, in any case, to those of legality and impartiality.
3. The law will regulate the organic status of the Public Prosecutor’s Office.
THE STATE ATTORNEY GENERAL
4. The Attorney General of the State shall be appointed by the National Assembly heard by the Council of the Judiciary.
ARTICLE 125 – JURY INSTITUTION
Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury, in the form and with respect to those criminal proceedings that the Law determines, as well as in the customary and traditional courts.
ARTICLE 126 – JUDICIAL POLICE
The judicial police depend on the Judges, the Courts and the Public Prosecutor’s Office in their functions of investigating the crime and discovering and securing the offender, in the terms established by law.
ARTICLE 127 – INCOMPATIBILITY OF JUDGES
1. Judges and Magistrates, as well as Prosecutors, while active, may not hold other public office. The Law shall establish the system and modalities of professional association of Judges, Magistrates and Prosecutors.
2. The Law shall establish the system of incompatibilities of the members of the judiciary, which shall ensure their complete independence.
TITLE VII – ECONOMY AND FINANCE
ARTICLE 128 – PUBLIC FUNCTION OF WEALTH
1. All the country’s wealth in its various forms and whatever its ownership is subordinate to the general interest.
2. Public initiative in economic activity is recognized. By law, essential resources or services may be reserved to the public sector, especially in the event of a monopoly, and also agree to the intervention of undertakings where required by the general interest under the Law.
ARTICLE 129 – PARTICIPATION IN THE COMPANY AND PUBLIC BODIES
1. The law shall lay down the forms of participation of those interested in Social Security and in the activity of public bodies whose role directly affects the quality of life or the general well-being.
2. The public authorities will effectively promote the various forms of participation in the enterprise and promote, through appropriate legislation, cooperative societies. They shall also establish the means to facilitate workers’ access to ownership of the means of production.
3. Health, safety and justice professionals may serve as State Employees or as independent professionals, without in any case being able to form companies or have more employees than their own. Education professionals may not practice privately and individually but within the State’s educational plans.
ARTICLE 130 – DEVELOPMENT OF THE ECONOMIC SECTOR
1. The public authorities shall take account of the modernisation and development of all economic sectors, in particular agriculture, livestock, fisheries and handicrafts, in order to equalize the standard of living of all Citizens.
2. For the same purpose, special treatment will be given to mountain areas.
ARTICLE 131 – PLANNING OF ECONOMIC ACTIVITY
1. The State, by law, may plan general economic activity to meet collective needs, balance and harmonize regional and sectoral development, and stimulate income and wealth growth and its fairest distribution.
2. The Assemblies, in coordination with the Government Executives, shall draw up the planning projects, in accordance with the forecasts provided to it by the Provinces and the advice of professional and business organizations. To this end, a council shall be established, the composition and functions of which shall be carried out by law.
ARTICLE 132 – PUBLIC DOMAIN GOODS
1. The law shall regulate the legal regime of public and communal property, taking inspiration from the principles of inalienability, unpredictability and inembarkability, as well as their disaffection.
2. It is state public domain property determined by law and, in any case, the maritime-terrestrial area, the beaches, the territorial sea and the natural resources of the economic zone and the continental shelf.
3. By law, the State Heritage and the National Heritage, its administration, defense and conservation will be regulated.
ARTICLE 133 – TRIBUTARIAN POWER
1. Any form of tax or tax is abolished for citizens and inhabitants of the Nation in general, since the State owns through the Citizens’ Assemblies, the property of the National Bank, along with its ability to issue money according to the Labor Pattern, measured in Man-Hours. Assets and resources will be valued according to the scales determined by the Ministry of Economy and the National Assembly approves.
2. The Public Administration may only make expenses and undertake financial obligations in accordance with the Law.
ARTICLE 134 – THE STATE’S GENERAL BUDGETS
1. It is for the National Assembly to draft the General Budgets of the State, and to the Provincial Assemblies their consideration, amendment and approval. This will define how much money the National Bank will issue, which will also have exclusive control over foreign currency exchange.
*N.del A. [En los países europeos tendrán que recuperar sus antiguas monedas y salir de la trampa financiera del Euro, modificando al “libre comercio” por la valoración inteligente de los productos y habilitar el trueque internacional directo].
2. The State General Budgets shall be annual in nature, include all expenditure and revenue from the State public sector and shall record the amount of the money issued, as well as the full statistic of resources produced in all industrial, agricultural, livestock and craft areas.
ARTICLE 135 – PUBLIC DEBT IMPORT AND EXPORT
1. The Assembly Government cannot contract debt but on the basis of what is dictated in the General State Budgets, nor will it be able to interact with other countries economically on the basis of moneycracy. It may only import and export products through the International Economic Fund, under the National Bank, to facilitate and guarantee to producers and traders safe and fair trade, avoiding any harm to the national economy. Through the Assembly Process, heard from the Ministry of the Economy, it is possible to determine which products can be imported and/or exported, in accordance with the Law and the Constitution.
2. The appropriations may only be given to individuals who justify their application and will have as their sole interest the full refund within the agreed deadlines without any kind of usury. The National Currency is not devalued internally. The National Assembly will be able to push for laws that promote “lost credit” since the sole purpose of money is to activate citizens’ productive capacities.
ARTICLE 136 – THE COURT OF AUDITORS
1. The Court of Auditors is the supreme auditing body for the accounts and economic management of the State, as well as the public sector. It will depend directly on the National Assembly, independent of the Ministry of the Economy but in coordination with it, and will exercise its functions by delegation in the Provinces with a veedor of the Provincial Assembly, participant in the examination and verification of the General Account of the State.
2. The members of the Court of Auditors shall enjoy the same independence and immobility and shall be subject to the same inconsistencies as the Judges.
3. An organic law will regulate the composition, organization and functions of the Court of Auditors.
TITLE VIII
OF THE STATE’S TERRITORIAL ORGANIZATION
CHAPTER I – GENERAL PRINCIPLES
ARTICLE 137 – MUNICIPALITIES AND PROVINCES
The State is organized territorially in municipalities and in provinces that are constituted. All these entities enjoy autonomy for the management of their respective interests and their participation through the Assembly System is guaranteed to national decisions.
ARTICLE 138 – SOLIDARITY AND TERRITORIAL EQUALITY
1. The State guarantees the effective realization of the principle of solidarity, enshrined in Article 2, ensuring the establishment of an economic balance, adequate and fair, between the various parts of the territory of the Nation.
2. Differences between the Statutes of the different Provinces may not imply, in any case, economic or social privileges.
ARTICLE 139 – EQUALITY OF CITIZENS IN THE TERRITORIES OF THE STATE
1. All Citizens have the same rights and obligations in any part of state territory.
2. No authority may take measures that directly or indirectly impede the freedom of movement and establishment of persons and the free movement of goods throughout the territory of the Nation.
CHAPTER II – OF THE LOCAL ADMINISTRATION
ARTICLE 140 – AUTONOMY AND MUNICIPAL DEMOCRACY
The Constitution guarantees the autonomy of municipalities. They will enjoy full legal personality. Its government and administration corresponds to their respective Municipalities which means the Assembly of Citizens, composed of the Mayors by which the Presidents of the Local Assembly and the Councillors are understood as Vice-President, Secretary (of minutes), five members and Government Executives. All of them will be chosen by the residents of the municipality by universal suffrage, equal, free, direct. It may be secreted or sung or written in the manner established by the Assembly itself.
ARTICLE 141 – THE PROVINCES
1. The province is a local entity with its own legal personality, determined by grouping of municipalities and territorial division for the fulfillment of the activities of the State. Any alteration of the provincial boundaries must be approved by the Assemblies affected and approved by the National Assembly.
2. The government and autonomous administration of the provinces shall be entrusted to their Assemblies on a participatory basis.
3. Groups of municipalities other than the province may be created, with the same conditions as those stipulated in Articles 143 and 144 for the Provinces.
ARTICLE 142 – LOCAL ESTATES AND PUBLIC SALARIES
1. Local finances shall have sufficient means for the performance of the functions that the law attributes to the respective Corporations and shall be nourished mainly by own activities and jobs and participation in those of the State. The salaries of Delegates of Minor and Local Assemblies to the Provincial who cannot exercise ad honorem and those of its Government Executives, as well as provincial delegates to the National Assembly, shall be paid by the Nation.
2. Government Executives and public officials in general will have a salary equal to the average worker, plus a percentage to be determined by the National, Provincial or Local Assembly as appropriate, according to the degree of responsibility, years of service and efficiency.
3. Government Executives or public employees may be direct members of members of the Board of Directors of any Assembly, unless that member is elected after the occupation of the Executive or public office.
CHAPTER III – OF THE GOVERNMENT OF THE PROVINCES
ARTICLE 143 – SELF-GOVERNMENT OF THE PROVINCES
1. In the exercise of the right to autonomy recognized in Article 2 of the Constitution, neighbouring provinces with common historical, cultural and economic characteristics, island territories and provinces with a historical regional entity may access their self-government and be constituted in Interprovincial Assemblies in accordance with this Title and in the respective Statutes.
AUTONOMOUS INITIATIVE
2. The initiative of the regional process is for all the Assemblies concerned or the corresponding inter-island body and two-thirds of the municipalities whose population represents at least the majority of the electoral census of each province or island. These requirements shall be met within six months of the first agreement adopted in this regard by one of the local corporations concerned.
3. The initiative, if not successful, can only be reiterated after five years.
ARTICLE 144 – ABOLITION AND PROHIBITION OF ENTITIES
PERMANENT INTERPROVINCIALS
1. Under no circumstances shall the creation or federation of Autonomous Communities be allowed.
2. The Provinces have sufficient autonomy and do not need to pay useless officials in intermediate stages towards the National Assembly, but may hold temporary Interprovincial Assemblies with deadlines set at the outset, in order to solve specific problems, reach agreements of common interest, combine the work of provincial government executives of one or more Provinces, or create entities that will never be permanent , dissolving after the fulfillment of the objectives of its creation. Nor will they receive economic support from the Nation for derivatives of these Temporary Assemblies, except for large-scale works affecting the national level. Government Executives working in the functions determined by these Temporary Interprovincial Assemblies shall be paid by the intervening Provinces. Any amendment to this Article may only be determined by the National Assembly Process.
ARTICLE 145 – COOPERATION BETWEEN PROVINCES
1. The Statutes may provide for the assumptions, requirements and terms in which the Provinces may conclude agreements with each other for the management and provision of their own services, as well as the nature and effects of the corresponding communication to the Local and Minor Assemblies In the other cases, cooperation agreements between the Provinces will need the authorization of the National Assembly.
ARTICLE 146 – DRAFTING OF THE STATUTE
The draft Provincial Statute will be drawn up by an Assembly composed of the Delegates of the Local and Minor Assemblies, for processing as a law.
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