Guatemala 1985 Constitution (reviewed 1993) - Page 4 of 8

Table of Contents

TITLE IV. Public Power

CHAPTER I. Exercise of the Public Power

Article 152. Public Power

The power emanates from the people. Its exercise is subject to the limitations established in this Constitution and [in] the law.

No person, sector of the people [pueblo], armed or political force, may arrogate its exercise.

Article 153. [The] Rule of Law [Imperio de la ley]

The rule of law extends to all the persons who are found on the territory of the Republic.

Article 154. [The] Public Function; Subjection to the Law

The functionaries are depositories of the authority, [they are] legally responsible for their official conduct, [and they are] subject to the law and never superior to it.

The functionaries and public employees are at the service of the State and not of any political party.

The public function may not be delegated, except in the cases specified by the law, and it may not be exercised without a previous oath of loyalty to the Constitution.

Article 155. [The] Responsibility for Violating the Law

When a dignitary, functionary or worker of the State, in the exercise of his [or her] office, violates the law in prejudice to [the] individuals [particulares], the State or the institution of the State to which he [or she] serves, will be jointly responsible for the damages and prejudices that may have been caused.

The civil responsibility of the functionaries and [of] public employees, can be deduced while prescription has not been concluded [consumado], of which [the] term will be 20 years.

The criminal responsibility is extinguished, in this case, by the passing of twice the time established by the law for the prescription of the penalty.

Neither Guatemalans nor foreigners may claim from the State, indemnification for the damages or prejudices caused by the movement of armed forces or [by] civil disturbance.

Article 156. Non-obligation of Force [No obligatoriedad] of Illegal Orders

No functionary or public employee, civil or military, is obligated to perform manifestly illegal orders or those which involve the commission of a crime.

CHAPTER II. The Legislative Organ

FIRST SECTION. [The] Congress

Article 157. Legislative Power [Potestad] and the Composition [Integración] of the Congress of the Republic

The legislative power belongs to the Congress of the Republic, made up of deputies elected directly by the people by universal and secret suffrage, through the system of electoral districts and [by] national list, for a period of four years, being able to be reelected.

Each one of the Departments of the Republic, constitutes an electoral district. The Municipality of Guatemala forms the central district and the other Municipalities of the department of Guatemala constitute the district of Guatemala. For each electoral district a minimum of one deputy must be elected. The law establishes the number of deputies that correspond to each district according to its population. A number equivalent to twenty-five percent of the district deputies shall be directly elected as deputies by [the process of] national list.

In case of the definitive absence [falta] of a deputy the office shall be declared vacant. The vacancies shall be filled, as the case may be, by calling the postulate that appears in the respective district list or national list in continuation of the last office awarded.

Article 158. Sessions of the Congress

The annual period of sessions of the Congress is initiated the fourteenth of January of each year without [the] necessity of convocation. The Congress will meet in ordinary sessions from the fourteenth of January to the fifteenth of May and from the first of August to the thirtieth of November of each year. It will meet in extraordinary sessions when it is convoked by the Permanent Commission or by the Executive Organ to take cognizance of the matters that motivated the convocation. It can take cognizance of other matters with the favorable vote of the absolute majority of the total of the Deputies that integrate it. Twenty-five percent of the Deputies or more have the right to request of the Permanent Commission the convocation of the Congress for sufficient reasons of necessity or [of] public convenience. If it is requested by at least half plus one of the total [number] of Deputies, the Permanent Commission shall proceed immediately to the convocation.

Article 159. Majority for Resolutions

The resolutions of the Congress, must be taken through the favorable vote of the absolute majority of the members that integrate it, except in those cases where the law requires [exija] a special number.

Article 160. Authorization to Deputies to Perform another Office

The deputies can hold the office of a minister or functionary of the State or of any other decentralized or autonomous entity. In these cases permission must be granted to them for the period in which their executive responsibilities last. During their temporary absence, it will be proceed in accordance with the last paragraph of Article 157.

Article 161. [The] Prerogatives of [the] Deputies

The deputies are representatives of the people and dignitaries of the Nation; as a guarantee for the exercise of their functions they will enjoy, from the day they are declared elected, the following prerogatives:

Personal immunity from arrest or trial if the Supreme Court of Justice does not previously declare that there is probable cause, after examining the report of the investigating [pesquisidor] judge who will be named for this purpose. The case of flagrante delicto is excepted for which the deputy shall be immediately placed at the provision of the Directive Board or the Permanent Commission of the Congress for the purpose of the corresponding preliminary hearing [antejuicio].
They may not be held responsible for their opinions, for their initiative and for the manner of handling public business, in the performance of their office.

All of the dependencies of the State have the obligation to show [the] deputies the considerations derived of their high investiture. These prerogatives do not authorize arbitrariness, excess of personal initiative, or any type of action tending to undermine the principle of non-reelection for the exercise of the Presidency of the Republic. Only the Congress will be competent to judge and qualify if there has been arbitrariness or excess and to impose the pertinent disciplinary sanctions.

When the declaration to which paragraph a) in this Article refers to has been conducted, those accused are subject to the jurisdiction of the competent judge. If their provisional imprisonment has been decreed[,] they shall be suspended from their functions as long as the imprisonment decree is not revoked.

In the case of firm condemnatory sentence, the office shall remain vacant.

Article 162. Requirements for the Office of Deputy

To be elected deputy the candidate must be a Guatemalan of origin and be in exercise of his [or her] rights of citizenship.

Article 163. Directive Board [Junta Directiva] and Permanent Commission

Each year the Congress will elect its Directive Board. Before the closing of its period of ordinary sessions the Congress will elect its Permanent Commission, [which will be] presided over by the President of the Congress, [and] which will function while the Congress is not in session.

The composition and attributions of the Directive Board and Permanent Commission will be established in the Law of the Internal Regime [Ley de Régimen Interior].

Article 164. Prohibitions and Compatibilities

[The following] may not be deputies:

The functionaries and employees of the Executive and Judicial Organs and of the Tribunal and Office of the Comptroller of Accounts, as well as the Magistrates of the Supreme Electoral Court and the director of the Register of Citizens;Those performing teaching duties and the professionals at the service of social welfare establishments, are excepted from the above-mentioned prohibition;
The contractors of public works or enterprises funded by the State or the municipality, their guarantors [fiadores] and those who[,] because of such projects or enterprises, have outstanding claims of their own;
The relatives of the President of the Republic and of the Vice-President up to the fourth degree of consanguinity or second of affinity;
Those who, having been sentenced in a judgment of accounts [juicio de cuentas], have not fulfilled [solventado] their responsibilities;
Those who represent the interests of companies or individual persons using [exploten] public services; and
The Military personnel in active service.

If at the time of his [or her] election, or subsequently, the elected [deputy] should be [resultare] included under any of the prohibitions contained in this Article, his [or her] seat will be declared vacant. The election of a deputy is null if he [or she] was an official exercising jurisdiction in the electoral district for which he [or she] was a candidate or if he [or she] had exercised jurisdiction three months prior to the date on which the election was held.

The position of deputy is compatible with the performance of temporary or special diplomatic missions and with the representation of Guatemala in international congresses.

SECOND SECTION. Attributions of the Congress

Article 165. Attributions

It corresponds to the Congress of the Republic:

To open and close its periods of sessions;
To receive the oath of law from the President and the Vice-President of the Republic, the President of the Judicial Organ and give them possession of their offices [cargos];
To accept or not the resignation of the President or the Vice-President of the Republic. The Congress will confirm the authenticity of the respective resignation;
To give possession of the Presidency of the Republic, to the Vice-President in case of the definitive or temporary absence of the President;
To know with anticipation, for the purpose of temporary succession, of the absence of the President and the Vice-President of the Republic from [the] national territory. In no case may the President and Vice-President be absent simultaneously.
To elect the functionaries who, in accordance with the Constitution and the law, must be appointed by the Congress; to accept or not their resignation and elect the persons who must substitute them;
To ignore [desconocer] the President of the Republic if, after his [or her] constitutional term has expired, he [or she] continues in the exercise of the office. In such a case, the Army will automatically redirect [pasará] to depend on the Congress.
To declare whether it is appropriate or not to form a cause against the President or the Vice-President of the Republic, the President or the Judges of the Supreme Court of Justice; of the Supreme Electoral Tribunal and of the Court of Constitutionality, the Ministers or the Vice-Ministers of State when these are in charge of the office, the Secretaries of the Presidency of the Republic, or the Under-Secretary replacing him [or her], the Procurator of Human Rights, the Attorney General [Fiscal General] and the Procurator General of the Nation.Any resolution in this respect must be taken with the favorable vote of the two- thirds part of the total number of deputies that make up [the] Congress;
To declare, through the vote of the two-thirds part of the total number of deputies who make up the Congress, the physical or mental incapacity of the President of the Republic for the exercise of his [or her] duties. The declaration must be based on the prior opinion [dictamen] of a commission of five physicians appointed by the Directive Board of the corresponding College after a request from Congress;
To interpellate [interpelar] the ministers of State; and
To bestow the honors [condecoraciones] proper to the Congress of the Republic, on Guatemalans and foreigners.
All the other attributions assigned to it by the Constitution and [the] other laws.

Article 166. Interpellations to Ministers

The ministers of State, have the obligation to appear in Congress, in order to answer the interpellations formulated by one or more deputies. Those which refer to diplomatic or pending military operations are excepted.

The basic questions must be communicated to the questioned [interpelados] minister or ministers, with forty-eight hours of anticipation. Neither the plenary Congress, nor any authority, may limit the deputies to the Congress in their right to interpellate, qualify the questions or restrict them.

Any deputy can make the additional questions that are deemed pertinent related to the matter or matters underlying the interpellation and from it will derive the suggestion [planteamiento] of a vote of no confidence which must be requested by four deputies, at least, and carried out [tramitado] without delay, in the same session or in one of the two immediately subsequent ones.

Article 167. Effects of the Interpellation

When an interpellation is conducted to a minister, he [or she] may not be absent from the country, or decline [excusarse] to answer in any form.

If a vote of no confidence of a minister is taken, approved by not less than an absolute majority of the total [number] of deputies in [the] Congress, the minister will immediately present his [or her] resignation. The President of the Republic can accept it, however, if [when] considered in the Council of Ministers that the censored act or acts are consistent with the national interest and policy of the government, the interpellated [person] will be able to appeal to the Congress within eight days following the date of the vote of no confidence. If this is not done, he [or she] will be considered to be dismissed from his [or her] position and be disqualified from exercising the duty of Minister of State for a period of no less than six months.

If the affected minister appeals [the matter] before the Congress, after hearing the explanations presented and the matter discussed and the interpellation conducted, a vote will be taken on the ratification of no confidence, of which approval will call for the affirmative vote of the two-thirds part of the total number of deputies in Congress. Should the no confidence vote be ratified, the minister will be considered to be dismissed from his [or her] position immediately.

In like manner, it will be proceeded when the vote of no confidence is passed against several ministers but not exceeding four in each case.

Article 168. Assistance of Ministers, Officials, and Employees of the Congress

The Ministers of State are required to attend the sessions of the Congress, of the commissions and legislative blocs when they are invited for this purpose. Nevertheless, they can attend in any case and participate with voice in all discussions concerning matters of their competence. They can have themselves [be] represented by their Vice-Ministers.

All of the functionaries and public employees are obligated to appear and report to the Congress, when the same, its commissions or [its] legislative bocks consider it [as] necessary.

Article 169. Call for Elections by the Congress

It is the obligation of the Congress, or in its defect of the Permanent Commission, to convoke without delay for general elections if on the date indicated by the Law, the Supreme Electoral Tribunal has not done so.

Article 170. Specific Attributions

The specific attributions of [the] Congress are the following:

To qualify the credentials that the Supreme Electoral Tribunal will extend to the elected deputies;
To appoint and remove its administrative personnel. The relations of the Legislative Organ with its administrative, technical, and service personnel, will be regulated by a specific law, which will establish the regime of classification, wages, discipline, and dismissals;The labor benefits of the personnel of the Legislative Organ, which may have be obtained by law, internal agreement, resolution, or by custom, may not be diminished or distorted [tergiversadas];
To accept or not the resignations that its members may present;
To call the substitute deputies in case of death, resignation, nullification of the election, temporary permit or impossibility of participating [concurrir] of the proprietary [persons]; and
To elaborate and approve its budget, for inclusion in the one of the State.

Article 171. Other Attributions of the Congress

[The following attributions] also correspond to the Congress:

To decree, to reform and to abrogate [derogar] the laws;
To approve, modify or disapprove the Budget of Revenues and Expenditures of the State at the latest 30 days prior to its entrance into effect. The Executive must send the budget bill to the Congress with one hundred and twenty days notice prior to the start of the fiscal year. If by the time the fiscal year begins, the budget has not been approved by the Congress, the budget in effect in the previous fiscal year will again be valid, which can be modified or adjusted by the Congress;
To decree [the] ordinary and extraordinary taxes in accordance with the needs of the State and [to] determine the bases of their collection;
To approve or disapprove annually, in all or in part, with the previous report of the Office of the Comptroller of Accounts, the detail and justification of all revenues and expenditures of the public finances, presented by the Executive concerning the previous fiscal year;
To decree public honors for major services rendered to the Nation. In no case may they be granted to the President or the Vice-President of the Republic, during the time of their government, or to any other functionary in the exercise of his [or her] office;
To declare war and approve or disapprove peace treaties;
To decree amnesty for political and related common crimes when public convenience demands it;
To establish the characteristics of the currency, with the opinion of the Monetary Board;
To contract, convert, consolidate or effect other operations relative to the internal or external public debt. In all cases the opinions of the Executive and of the Monetary Board must be previously heard;For the Executive, the Central Bank or any other State entity to be able to conduct negotiations regarding loans or other forms of indebtedness, internally or externally, the prior approval of the Congress will be necessary, as well as to issue all types of obligations;
To approve or disapprove bills of law relating to claims against the State, on account of unrecognized credits, to be submitted to its cognizance by the Executive and to report special allowances for their settlement or amortization.[To] see to it that the credits owed by the State and its institutions consequent on court judgments are duly paid;
To decree, at the request of the Executive Organ, [the] reparations or indemnifications in case of international claims, when there is no recourse for arbitration or international trial;
To approve, before their ratification, the treaties, agreements, or any international settlement when:
1. They affect the existing laws where this Constitution may require the same majority of votes;
2. They affect the power of the Nation, establish the economic or political union of Central America, whether partially or totally, or attribute or transfer competences to organs, institutions, or mechanisms created, within a communitarian juridical order to realize regional and common objectives in the Central American area [ámbito];
3. They obligate the State financially, in proportion that it exceeds one percent of the Budget of the Ordinary Revenues or when the amount of the obligation is indeterminate;
4. They constitute a commitment to submit any matter to an international judicial or arbitration decision;
5. They contain a general arbitration clause or one for submission to an international jurisdiction; and
To appoint commissions of investigation in specific matters of the public administration, which may involve problems of national interest.

Article 172. Qualified Majority

To approve before their ratification, with the vote of the two-thirds part of the total number of deputies who integrate the Congress, the treaties, agreements, or any international settlement, when:

They refer to the passage of foreign armed forces through the national territory or the temporary establishment of foreign military bases; and
They affect or can affect the security of the State or put an end to a state of war.

Article 173. Consultation Procedure

The political decisions of special significance [trascendencia] must be submitted to a [popular] consultation procedure involving all citizens.

The consultation will be called by the Supreme Electoral Tribunal at the initiative of the President of the Republic or of the Congress of the Republic, which will determine precisely the question or [the] questions to be submitted to the citizens.

The Constitutional Electoral Law [Ley Constitucional Electoral] shall regulate what is relative to this institution.

THIRD SECTION. Formation and Sanction of the Law

Article 174. [The] Initiative of Law

The deputies of Congress, the Executive Organ, the Supreme Court of Justice, the University of San Carlos de Guatemala, and the Supreme Electoral Tribunal have initiative for the formation of the laws.

Article 175. Constitutional Hierarchy

No law may contradict the provisions of the Constitution. The laws that violate or distort [tergiversen] the constitutional mandates are null ipso jure.

The laws qualified as constitutional require, for their reform, the vote of the two- thirds part of the total number of deputies that integrate the Congress, prior to the favorable ruling of the Court of Constitutionality.

Article 176. Presentation and Discussion

When a bill of law is presented the procedure specified by the Organic Law and [the] Interior Regime of the Legislative Organ shall be observed. It will be discussed at three different sessions held on three different days, and it will not be possible to vote on the bill until it will be considered to have been sufficiently discussed at the third session. Those cases where the Congress declares a national emergency by a vote of the two-thirds part of the total number of deputies that integrate it[,] are excepted.

Article 177. Approval, Sanction, and Promulgation

Once a bill of law is approved, the Directive Board of the Congress of the Republic, within a term not exceeding ten days, shall send it to the Executive for its sanction, promulgation and publication.

Article 178. Veto

Within 15 days of receiving the decree and with prior approval of the Council of Ministers, the President of the Republic can return it to [the] Congress with the observations deemed pertinent, in exercise of his [or her] right of veto. The laws may not be vetoed partially.

Should the Executive not return the decree within fifteen days from the date of its reception, it will be considered to have been sanctioned and the Congress must promulgate it as a law within the subsequent eight days. Should the Congress close its sessions before [the] expiration of the deadline within which the veto can be exercised, the Executive must return the decree within the first eight days of the ordinary sessions of the subsequent period.

Article 179. Legislative Primacy

Once the decree is sent back to [the] Congress, the Directive Board must bring it to the attention of the plenary in the next session, and the Congress may reconsider it or reject it during a period not to exceed thirty days. If the observations made by the Executive are not accepted and the Congress rejects the veto by the vote of the two-thirds part of its members, the Executive must, obligatorily, approve and promulgate the decree within the eight subsequent days after its reception. Should the Executive not do so, the Directive Board of the Congress shall order its publication within a period not to exceed three days so it may enter into effect as a law of the Republic.

Article 180. Validity

The law enters into force across the national territory, eight days following its integral publication in the Diario Oficial [Official Gazette], unless the said law should expand or restrict this period or its territorial area [ambito territorial] of application.

Article 181. Dispositions of the Congress

The dispositions of the Congress concerning its Interior Regime and the contents of Articles 165 and 170 of this Constitution do not require the sanction of the Executive.

CHAPTER III. [The] Executive Organ

FIRST SECTION. [The] President of the Republic

Article 182. The Presidency of the Republic and the Composition of the Executive Organ

The President of the Republic is the Head of [the] State of Guatemala and [he or she] exercises the functions of the Executive Organ through the mandate of the people.

The President of the Republic shall always act together with the Ministers, in Council or separately with one or more of them; he [or she] is the General Commander of the Army, represents the national unity and shall watch over the interests of the entire population of the Republic.

The President of the Republic along with the Vice-President, the Ministers, the Vice-Ministers and [the] other dependent functionaries integrate the Executive Organ and [they] are prohibited from favoring any political party.

Article 183. [The] Functions of the President of the Republic

The following are [the] functions of the President of the Republic:

To comply with[,] and have complied with[,] the Constitution and the laws;
To provide for the defense and the security of the Nation, as well as the conservation of the public order;
To exercise the command of the Armed Forces of the Nation with all the corresponding functions and attributions;
To exercise the command of the entire public force;
To sanction, to promulgate, to execute, and to cause the execution of the laws, to dictate decrees authorized by the Constitution, as well as the agreements, regulations and orders for the strict compliance of the laws, without altering their spirit;
To dictate the provisions that may be necessary in the cases of grave emergency or public calamity, having to give account to the Congress in its immediate sessions;
To present initiatives of law to the Congress of the Republic;
To exercise the right of veto concerning the laws issued by the Congress, except in those cases where the approval of the Executive may not be necessary in accordance with the Constitution;
To present annually to the Congress of the Republic, at the start of its period of sessions, a written report on the general situation of the Republic and the actions [negocios] of his [or her] administration conducted during the previous year;
To submit annually to the Congress, for its approval, with no less than one hundred and twenty days notice from the start of the fiscal year through the respective ministry, the bill of the budget detailing the revenues and expenditures of the State. Should the Congress not be in session, it must hold extraordinary sessions to take cognizance of the bill;
To submit to the consideration of the Congress for its approval, and prior to its ratification, the treaties and agreements [convenios] of international character and the contracts and concessions concerning public services;
To call the Legislative Organ into extraordinary sessions when the interests of the Republic demand it;
To coordinate in the Council of Ministers, the policy of development of the Nation;
To preside over the Council of Ministers and exercise the position of hierarchical superior of the functionaries and employees of the Executive Organ;
To maintain the territorial integrity and dignity of the Nation;
To direct [the] foreign policy and [the] international relations; to celebrate, ratify, and denounce treaties and agreements in accordance with the Constitution;
To receive diplomatic representatives as well as to issue and withdraw the recognition of consuls;
To administer public finance [hacienda] in accordance with the law;
To relieve [exonerar] from fines and surtaxes those taxpayers who may have incurred in them for not settling their taxes within the legal deadlines or for acts or omissions in the administrative order;
To appoint and remove the Ministers of State, [the] Vice-Ministers, [the] Secretaries and [the] Sub-secretaries of the Presidency, [the] ambassadors and [the] other officials which correspond to him [or her] in accordance with the law.
To grant retirement benefits, pensions, and allowances [montepíos] in accordance with the law;
To grant decorations [condecoraciones] to Guatemalans and foreigners;
To inform the Congress of the Republic of the intention of any travel that he [or she] may have completed outside of national territory and of its result within fifteen days of its completion;
To submit every four months to the Congress of the Republic, for its knowledge and control, through the respective ministry, an analytical report on budgetary performance; and
All of the other functions assigned to him [or her] by this Constitution or the law.

Article 184. Election of the President and [the] Vice-President of the Republic

The President and [the] Vice-President of the Republic will be elected by the people through universal and secret suffrage and for a single term of four years.

If none of the candidates should secure an absolute majority it will be proceeded to a second election within a period no longer than sixty[,] or less than forty-five days, counting from the first Sunday, between the candidates who have won the two highest relative number of votes.

Article 185. Requirements to Opt for the Positions of President and Vice-President of the Republic

The Guatemalans of origin who are citizens in good standing and who are above forty years of age can opt for the office of President or Vice-President of the Republic.

Article 186. Prohibitions to Opt for the Offices of President or Vice-President of the Republic

The following may not opt for the offices of President or Vice-President of the Republic:

The leader [caudillo] or the chiefs of a coup d’état [golpe de Estado], armed revolution or similar movement, who have altered the constitutional order, or those who as a consequence of such events have assumed the leadership of the government;
The person exercising the position of President or Vice-President of the Republic when elections are held for such office, or [the one] who has exercised same for any duration within the presidential term in which the elections are held;
The relatives to the fourth degree of consanguinity and second of affinity of the President or [the] Vice-President of the Republic, when the latter exercises the office of the President, and those of the persons referred to in the first paragraph of this Article;
The person who may have been Minister of State, for any period during the six months prior to the election;
The members of the Army, unless they have resigned [de baja] or retired for at least five years before the date of the convocation for elections;
The ministers of any religion or cult; and
The magistrates of the Supreme Electoral Tribunal.

Article 187. Prohibition of Re-election

The person who has held for any time the office of [the] President of the Republic through a popular election, or the one who has exercised it for more than two years, may not perform the office again in any case.

The re-election or extension of the presidential term by any means, are punishable in accordance with the law. The mandate intended to be exercised will be null.

Article 188. Convocation for Elections and Taking of Possession

The convocation for elections and the taking of possession by the President and [the] Vice-President of the Republic, will be governed by what is established in the Electoral Law and [the Law] of Political Parties.

Article 189. Temporary or Absolute Absence [Falta] of the President of the Republic

In case of the temporary or absolute absence of the President of the Republic, he [or she] will be substituted by the Vice-President. If the absence is absolute, the Vice-President will assume the functions of the Presidency until the termination of the constitutional term, and in case of the permanent absence of both, the person appointed by the Congress of the Republic will complete the said term following the favorable vote of the two-thirds part of the total number of deputies.

SECOND SECTION. [The] Vice-President of the Republic

Article 190. [The] Vice-President of the Republic

The Vice-President of the Republic will exercise the functions of [the] President of the Republic in the cases and in the form established by the Constitution.

He [or she] will be elected on the same ballot as the President of the Republic, in an identical form and for the same term.

The Vice-President must meet the same qualifications as the President of the Republic, [he or she] will enjoy similar immunities, and will hold in the hierarchical order of the State, the level immediately below that functionary.

Article 191. [The] Functions of the Vice-President

The following are the functions of the Vice-President of the Republic:

To participate in the deliberations of the Council of Ministers with a voice and [a] vote;
By designation of the President of the Republic, to represent him [or her] with all the privileges [preeminencias] that correspond to him [or her], in official acts and the [acts] of protocol or in other functions;
To assist [coadyuvar], with the President of the Republic, in the implementation of the general policy of the government;
To participate, jointly with the President of the Republic, in the formulation of the foreign policy and the international relations, as well as to undertake diplomatic or other missions abroad;
To preside over the Council of Ministers in the absence of the President of the Republic;
To preside over the organs of assistance [asesoría] of the Executive established by the laws;
To coordinate the work of the Ministers of the State; and
To exercise the other attributions established by the Constitution and the laws;

Article 192. Absence [falta] of the Vice President

In case of the absolute absence of the Vice-President of the Republic, or the resignation of the same, he [or she] will be replaced by the person designated by the Congress of the Republic, selecting him [or her] from a terna [list of three persons] proposed by the President of the Republic; in such cases, the substitute will function until the end of the term with equal functions and privileges.

THIRD SECTION. [The] Ministers of State

Article 193. [The] Ministries

For conducting the businesses of the Executive Organ, there will be the ministries established by the law, with the attributions and the competence established therein.

Article 194. Functions of the Minister

Each ministry is the responsibility [cargo] of a Minister of State who will have the following functions:

To exercise jurisdiction over all the dependencies of his [or her] ministry;
To appoint and remove the functionaries and employees of his [or her] department [ramo], when it corresponds in accordance with the law;
To countersign [refrendar] the decrees, agreements, and regulations dictated by the President of the Republic, related to his [or her] office so as to have validity;
To present to the President of the Republic the plan of work of his [or her] department and an annual report of the works conducted;
To present annually to the President of the Republic, at the appropriate time, the bill of the budget of his [or her] ministry;
To direct, process, resolve, and inspect all the business related to his [or her] ministry;
To participate in the deliberations of the Council of Ministers and to subscribe to the decrees and agreements issued by it;
[abrogated] [suprimido]
To see to the strict compliance with the laws, the administrative probity and the correct investment of the public funds in the businesses entrusted [confiados] to his [or her] office [cargo].

Article 195. [The] Council of Ministers and their Responsibility

The President, the Vice-President of the Republic and the Ministers of State, when meeting in session, constitute the Council of Ministers which takes cognizance of the matters submitted to its consideration by the President of the Republic, who convokes it and presides over it.

The ministers are responsible for their acts, in accordance with this Constitution and the laws, even in the cases where they perform duties by express order of the President. From the decisions of the Council of Ministers, the ministers who had concurred will be jointly responsible, except for those who made their adverse vote known.

Article 196. Requirements to be [a] Minister of State

The following are the requirements to be a Minister of State:

To be Guatemalan;
To be in enjoyment of the rights of citizenship; and
To be thirty years of age or greater.

Article 197. Prohibitions to be Minister of State

Ministers of State may not be:

The relatives of the President or [the] Vice-President of the Republic, as well as those of other Ministers of State, up to the fourth degree of consanguinity and second of affinity;
Those who having been sentenced in a judgment of accounts have not settled their responsibilities;
The contractors of projects or enterprises funded [costeen] with funds of the State, [of] its decentralized, autonomous, or semi-autonomous, or municipal entities, its sponsors [fiadores] and whoever has claims pending for said businesses;
Whoever represents or defends the interests of individual or juridical persons who exploit public services; and
The ministers of any religion or cult.

In no case may the ministers act as the empowered agents of individual or juridical persons, or oversee the business of individuals [particulares] in any form whatsoever.

Article 198. Report [Memoria] of the Activities of the Ministries

The Ministers are obligated to present to the Congress annually, during the first ten days of the month of February of each year, the report of the activities of their respective departments, which must contain the budgetary execution of their ministry.

Article 199. Obligatory Appearance in Interpellations

The Ministers have the obligation to appear before the Congress, with the purpose of answering the interpellations addressed to them.

Article 200. Vice-Ministers of State

In each Ministry of State there will be a vice-minister.

The same qualifications as for a minister are required of a vice-minister.

For the creation of additional vice-ministerial positions, the favorable opinion of the Council of Ministers will be necessary.

Article 201. Responsibility of the Ministers and the Vice-Ministers

The ministers and [the] vice-ministers of State are responsible for their acts, in accordance with what is specified in Article 195 of this Constitution and what is determined by the Law of Responsibilities [Ley de Responsibilidades].

Article 202. [The] Secretaries of the Presidency

The President of the Republic will have the secretaries that are necessary. The attributions of these will be determined by the law.

The General and Private Secretaries of the Presidency of the Republic must meet the same requirements that are required for a Minister and will enjoy the same prerogatives and immunities.

CHAPTER IV. [The] Judicial Organ

FIRST SECTION. General Provisions

Article 203. Independence of the Judicial Organ and the Power to Judge

Justice is imparted in accordance with the Constitution and the laws of the Republic. The power to judge and to promote the execution of what is judged corresponds to the tribunals of justice. The other organs of [the] State must give to the tribunals the assistance they require for the fulfillment of their resolutions.

The magistrates and judges are independent in the exercise of their functions and are subjected solely to the Constitution of the Republic and to the laws. Whoever attempts to undermine the independence of the Judicial Organ, in addition to the [application of the] penalties set by the Penal Code, [he or she] will be disqualified from exercising any public office.

The jurisdictional function is exercised, with absolute exclusivity, by the Supreme Court of Justice and the other tribunals established by the law.

No other authority will be able to intervene in the administration of justice.

Article 204. Essential Conditions of the Administration of Justice

In all their decisions or sentences, the tribunals of justice will obligatorily observe the principle that the Constitution of the Republic prevails over any law or treaty.

Article 205. Guarantees of the Judicial Organ

The following are established as [the] guarantees of the Judicial Organism:

Functional independence;
Financial independence;
Irremovability of the magistrates and judges of the first instance, except in the cases established by the law; and
The selection of the personnel.

Article 206. Right of Preliminary Hearing [antejuicio] for Magistrates and Judges

The magistrates and the judges will enjoy the right of preliminary hearing in the form determined by the law. The Congress of the Republic is competent to declare if it is appropriate or not to form a cause against the President of the Judicial Organ and the magistrates of the Supreme Court of Justice.

To the latter belongs the competence in relation to the other magistrates and judges.

Article 207. Requirements to be a Magistrate or Judge

The magistrates and [the] judges must be Guatemalans of origin, of recognized integrity [honorabilidad], be in enjoyment of their rights of citizenship, and be collegiate lawyers, with the exceptions established by the law regarding this last requirement in connection with [the] specific judges of private jurisdiction and lower-level judges [jueces menores].

The law will establish the number of magistrates, as well as the organization and functioning of the tribunals and the procedures that they must observe, depending on the matter being treated.

The function of magistrate or judge is incompatible with any other employment, with directive positions [cargos directovos] in labor unions and political parties, and with the status of minister of any religion.

The magistrates of the Supreme Court of Justice will take an oath before the Congress of the Republic, swearing to apply prompt and impartial justice. The other magistrates and judges will take their oath before the Supreme Court of Justice.

Article 208. Period of Functions of the Magistrates and Judges

The magistrates, whatever their category, and the judges of first instance, will remain in their positions for five years, with the possibility of the former being reelected and the latter reappointed. During that term they can neither be removed nor suspended, except in the cases and with the formalities provided for by the law.

Article 209. Appointment of Judges and Auxiliary Personnel

The judges, secretaries and auxiliary personnel will be appointed by the Supreme Court of Justice.

The judicial career is established. The entries, promotions and advancements will be conducted through opposition. A law will regulate this matter.

Article 210. [The] Law of the Civil Service of the Judicial Organ

The work relations of the functionaries and employees of the Judicial Organ will be regulated by its Law of Civil Service [Ley de Servicio Civil].

The judges and magistrates may not be removed, suspended, transferred or retired [jubilados], except for any of the causes and with the guarantees provided for in the law.

Article 211. Instances in all Proceedings

In no proceeding will there be more than two instances and the magistrate or [the] judge who has exercised jurisdiction in any of them will be barred from participation in the other or in cassation, in the same case, without incurring responsibility.

No tribunal or authority may take cognizance of expired [fenecidos] actions, except in the cases and forms of review determined by the law.

Article 212. Specific Jurisdiction of the Tribunals

The common tribunals will take cognizance of all the controversies of private law in which the State, the municipality, or any other decentralized or autonomous entity may act as a party.

Article 213. Budget of the Judicial Organ

It is the attribution of the Supreme Court of Justice to draw up the budget of the branch [ramo]; for that effect, an amount of no less than two percent of the Budget of Ordinary Revenues of the State is allocated to it, to be transferred to the Treasury of the Judicial Organ every month, in proportional and anticipatory form, by the corresponding organ.

The funds derived from the administration of justice are exclusive to the Judicial Organ and their investment corresponds to the Supreme Court of Justice. The Judicial Organism shall annually publish its programmatic budget and inform the Congress of the Republic every four months of its extent [alcances] and the analytical exercise of it.

SECOND SECTION. [The] Supreme Court of Justice

Article 214. Composition [Integración] of the Supreme Court of Justice

The Supreme Court of Justice is composed of thirteen magistrates, including its president, and [it] shall be organized into the chambers [cámaras] that it determines. Each chamber shall have its president.

The President of the Judicial Organ is also that of the Supreme Court of Justice having authority [that] extends over the tribunals of the entire Republic.

In the case of the temporary absence [falta] of the President of the Judicial Organ or when in accordance with the law he [or she] is unable to act or take cognizance of the specified cases, the other magistrates of the Supreme Court of Justice will substitute him [or her], in the order of their designation.

Article 215. Election of the Supreme Court of Justice

The Magistrates of the Supreme Court of Justice will be elected by the Congress of the Republic for a period of five years, from a list of twenty-six candidates proposed by a nominating commission composed of a representative of the Rectors of the Universities of the country, who presides over it, the Deans of the Faculties of Law or [of] Juridical and Social Sciences of each University of the country, an equivalent number of representatives elected by the General Assembly of the Association of Lawyers and Notaries of Guatemala and by an equal number of representatives elected by the titular magistrates of the Court of Appeals and other tribunals referred to in Article 217 of this Constitution.

The election of candidates requires the vote of at least the two-thirds part of the members of the Commission.

In the elections [votaciones], to make up the Nominating Commission as well as to make up the list of candidates, no representation whatsoever will be accepted.

The magistrates of the Supreme Court of Justice will elect, from among their members, with the favorable vote of the two-thirds part, the president of the same, who will remain in his [or her] functions for one year and may not be reelected during this term of the Court.

Article 216. Requirements to be a Magistrate of the Supreme Court of Justice

In order to be elected magistrate of the Supreme Court of Justice, besides the requirements mentioned in Article 207 of this Constitution, it is necessary that the candidate be over forty years of age and that he [or she] will have completed one full term as judge in the Court of Appeals or of other collegiate tribunals with similar characteristics, or that he [or she] will have exercised the profession of lawyer for more than ten years.

THIRD SECTION. [The] Court of Appeals and Other Tribunals

Article 217. [The] Magistrates

To be a magistrate in the Court of Appeals, of the collegiate tribunals and of others that will be created in the same category, besides the requirements mentioned in Article 207, it is necessary that the candidate be over thirty-five years of age, that he [or she] will have been [a] judge of the first instance or that he [or she] will have exercised the profession of lawyer for more than five years.

The titular magistrates to whom this Article refers to will be elected by the Congress of the Republic, from a nónima [list of candidates] with double the number to be elected, proposed by a nominating commission composed of one representative of the Rectors of the Universities of the country, who shall preside over it, the Deans of the Law or [of] Juridical and Social Sciences Departments of each University of the country, an equivalent number of members elected by the General Assembly of the Association of Lawyers and Notaries of Guatemala and by [an] equal number of representatives elected by the magistrates of the Supreme Court of Justice.

The election of candidates requires the vote of at least the two-thirds part of the members of the Commission.

In the elections [votaciones], whether it is to elect the Nominating Commission or for the integration of the list of candidates, no representation whatsoever will be accepted.

Article 218. Composition [Integración] of the Court of Appeals

The Court of Appeals is composed of the number of chambers [cámaras] determined by the Supreme Court of Justice, which will also determine its location and jurisdiction.

Article 219. [The] Military Tribunals

The military courts will take cognizance of [the] crimes or faults [faltas] committed by the members [integrantes] of the Army of Guatemala.

No civil may be judged by [the] military tribunals.

Article 220. [The] Tribunals of Accounts

The judicial function in matters of accounts will be exercised by the judges of first instance and [by] the Court of Second Instance of Accounts [Tribunal de Segunda Instancia de Cuentas].

Against the sentences and the final decisions [autos definitivos] of accounts putting an end to the process in matters [concerning] major amounts, proceeds the recourse of cassation. This recourse is inadmissible in economic-coactive [econmíco-coactivos] proceedings.

Article 221. [The] Contentious-Administrative Tribunal

Its function is to control the legality of [the] public administration and it has the attributions to take cognizance in case of dispute through actions or resolutions of the administration and of the decentralized and autonomous entities of the State, as well as in the cases of disputes deriving from [the] administrative contracts and concessions.

To resort [ocurrir] to this Tribunal, no prior payment or deposit [caución] whatsoever will be necessary. However, the law may establish specific situations where the petitioner must pay interest at the going rate concerning [the] taxes that he [or she] has challenged or contested and whose payment to the tax authorities was delayed because of the recourse.

Against the resolutions and decrees which end the process, the recourse of cassation may be interposed.

Article 222. Substitute Magistrates

The Magistrates of the Supreme Court of Justice will be substituted by the magistrates of the tribunals referred to in Article 217 of this Constitution, in accordance with what is established in the Law of the Judicial Organ, provided that they meet the same requirements.

The magistrates of the tribunals to which Article 217 of this Constitution refers shall have as substitutes the magistrates that the Congress of the Republic has elected for this category.

The substitute magistrates will be elected with the same opportunities and in the same form as the titulars and from the same nónima.