Plurinational State of Bolivia 2009 Constitution

PART II. FUNCTIONAL STRUCTURE AND ORGANIZATION OF THE STATE

TITLE I. LEGISLATIVE ORGAN

CHAPTER I. Composition and Attributes of the Pluri-National Legislative Assembly

Article 145

The Pluri-National Legislative Assembly is composed of two chambers, the Chamber of Deputies (Camara de Diputados) and the Chamber of Senators (Camara de Senadores), and it is the only body with authority to approve and sanction laws that govern the entire Bolivian territory.

Article 146

1. The Chamber of Deputies shall have 130 members.
2. In each Department, half of the Deputies (Diputados) shall be elected by direct voting electoral districts. The other half shall be elected by proportional voting electoral districts, from lists headed by candidates for President, Vice President and the Senators of the Republic.
3. Deputies are elected by universal, direct and secret vote. In the single Districts, they are elected by simply majority of the voters; in the multiple districts, by a system of representation established by law.
4. The number of Deputies must reflect the proportional vote obtained by each party, citizen group or indigenous people.
5. The total distribution of seats among the departments shall be determined by the Electoral Organ (Organo Electoral) on the basis of the number of inhabitants in each one of them, pursuant to the latest National Census, according to law. For equity, the law shall assign a minimum number of seats to the departments that have the least population and least economic development. If the distribution of seats for any department is an uneven number, preference will be given to the single districts for the assignment of the seats.
6. The single districts must have geographical continuity, affinity and territorial continuity; they may not extend beyond the borders of each department and must be based on criteria of population and territorial extension. The Electoral Organ shall define the single districts.
7. The special rural native indigenous districts shall be governed by the principle of density of population in each department. They shall not cross department borders. They shall be established only in a rural area in those departments in which those nations and native indigenous rural peoples constitute a minority population. The Electoral Organ shall define the special districts. These districts form part of the total number of deputies.

Article 147

1. The equal participation of men and women shall be guaranteed in the election of the members of the assembly.
2. Proportional participation of the nations and rural native indigenous peoples shall be guaranteed in the election of members of the assembly.
3. The law shall define the special districts of the rural native indigenous peoples, in which population density and geographical continuity shall not be considered as conditional criteria.

Article 148

1. The Chamber of Senators shall consist of a total of 36 members.
2. In each department, four Senators shall be elected in departmental districts by universal, direct and secret vote.
3. The assignment of seats for Senators in each department shall be made by a proportional system pursuant to the Law.

Article 149

To be a candidate to the Pluri-National Legislative Assembly, one must satisfy the general requisites for public service, be 18 years of age at the time of election, and have resided permanently for at least two years immediately prior to the election in the corresponding district.

Article 150

1. The Pluri-National Legislative Assembly shall have alternate members who do not receive remuneration except in the case that they must actually serve as substitutes. The law shall determine the manner of substitution of the members.
2. The members of the assembly shall not carry out any other public function, under penalty of losing their mandate, with the exception of university teaching.
3. The resignation of a member of the assembly shall be final, without the possibility of being able to obtain permission or the grant of temporary substitution for the purpose of carrying out other functions.

Article 151

1. The members of the assembly shall enjoy personal privilege during the time of their mandate, and afterwards they may not be criminally processed for their opinions, communications, representations, requests, questions, denouncements, proposals, expressions or any legislative act or act of reporting or control, which they formulate or undertake while performing their functions.
2. The domicile, residence or habitat of the members of the assembly may not be violated, and they shall not be searched under any circumstance. This provision shall be applied to the vehicles of their personal or official use and to their legislative offices.

Article 152

The members of the assembly do not enjoy immunity. Preventive detention shall not be applied to them in criminal processes during their mandate, except in cases of flagrant crimes.

Article 153

1. The Vice President of the State shall preside over the Pluri-National Legislative Assembly.
2. The ordinary sessions of the Pluri-National Legislative Assembly shall start on the 6th of August of every year.
3. The ordinary sessions of the Pluri-National Legislative Assembly shall be continuous, and each one will have two recesses of fifteen days per year.
4. By decision of the Plenary and the convocation of its President, the Pluri-National Legislative Assembly may hold sessions in a different place other than the habitual one within the territory of the State.

Article 154

During recesses, the Assembly Commission (Comision de Asamblea) shall function, in the form and with the attributes determined by the Rules of the Chamber of Deputies (Reglamento de la Camara de Diputados). In extraordinary cases, for matters of urgency, the Assembly can be convoked by its President or by the President of the State. It shall only take up the matters set forth in the convocation.

Article 155

The Pluri-National Legislative Assembly shall inaugurate its sessions on the 6th of August in the Capital of Bolivia, unless expressly called by its President.

Article 156

The term of the mandate of the members of the assembly is five years, and they may be reelected for a single additional continuous term.

Article 157

The mandate of the member of the assembly ends in the following circumstances: the death or resignation of the member; the revocation of the member’s mandate; the final condemnatory sentence of the member in a criminal case; or the unjustified abandonment of his or her functions for more than six continuous working days or eleven non continuous working days a year, as determined in accordance with the Rules.

Article 158

1. The attributes of the Pluri-National Legislative Assembly, in addition to those determined by this Constitution and the law are the following:
   1. To approve and execute its budget autonomously; to name and remove its administrative personnel; and to attend to everything related to its internal governance and economy.
   2. To set the remuneration of the members, which, in no case, may be higher than that of the Vice President of the State. Any additional income from a remunerated activity is prohibited.
   3. To dictate, interpret, repeal, abrogate and modify laws.
   4. To elect six of its members to the Pluri-National Electoral Organ, by two-thirds vote of the members present.
   5. To pre-select the candidates to form the Pluri-National Constitutional Court (Tribunal Constitucional Plurinacional), the Supreme Court of Justice (Tribunal Supremo de Justicia), the Agro-Environmental Court (Tribunal Agroambiental) and the Council of Magistrates (Consejo de la Magistratura).
   6. To approve the creation of new territorial units and to establish their boundaries, pursuant to the Constitution and the law.
   7. To approve the economic and social development plan presented by the Executive Organ).
   8. To approve the laws in matters of budgets, indebtedness, control and supervision of state resources, of public credit, and of subsidies for the undertaking of public works and social needs.
   9. To make decisions on indispensable state economic measures in case of public necessity.
   10. To approve the contracting of loans that commit general income of the State, and to authorize universities to contract loans.
   11. To approve the General State Budget presented by the Executive Organ. Once the draft law is received, it must be considered by the Pluri-National Legislative Assembly within the term of sixty days. In case it is not approved within this time frame, the draft law shall be considered approved.
   12. To approve the contracts of public importance with regard to natural resources and strategic areas, signed by the Executive Organ.
   13. To approve the disposal of assets of public dominion of the State.
   14. To ratify international treaties signed by the Executive, in the manner established by the Constitution.
   15. To establish the monetary system.
   16. To establish the system of measures.
   17. To monitor and oversee the organs of the State and the public institutions.
   18. To question, at the initiative of any of the members of the assembly, the Ministers of State, individually or collectively, and to censure by the vote of two-thirds of the members of the Assembly. The questioning shall be requested by either of the Chambers. The censure shall imply the replacement of the Minister.
   19. To undertake investigations within the framework of their supervisory attributes, by way of a commission or commissions elected for that purpose, without prejudice to the control exercised by the competent bodies.
   20. To monitor and oversee public enterprises, those of mixed capital and every entity that has State economic participation.
   21. To authorize the use of military troops, armaments and war materiel outside of the territory of the State, and to determine the purpose and time of the absence of troops.
   22. To authorize in exceptional cases the entrance and temporary transit of foreign armed forces, determining the purpose and length of their stay.
   23. At the initiative of the Executive Organ, to create or modify taxes at the central level of the State. Nevertheless, the Pluri-National Legislative Assembly, at the request of one of its members, shall request that the Executive Organ present bills on the matter. If the Executive Organ, within the term of twenty days does not present the requested bill, or the justification for not having done so, the representative who had requested it or another, shall present his or her own bill for consideration and approval.
2. The organization and functions of the Pluri-National Legislative Assembly shall be regulated by the Rules of the Chamber of Deputies.

Article 159

The attributes of the Chamber of Deputies, in addition to those determined by this Constitution and the law, are:

1. To draft and approve its Rules.
2. To describe the credentials granted by the Pluri-National Electoral Organ.
3. To elect its executive committee; and to determine its internal organization and functions.
4. To apply sanctions to deputies, pursuant to the Rules, by a decision of two-thirds of the members present.
5. To approve and execute its budget; to name and remove its administrative personnel; and to attend to everything related to its internal economy and governance.
6. To initiate the approval of the General State Budget.
7. To initiate the approval of the economic and social development plan presented by the Executive Organ.
8. To the initiate the approval or modification of the tax laws, laws of public credit or subsidies.
9. To initiate the approval of the contracting of loans which commit the general revenues of the State, and to authorize universities to contract loans.
10. In each legislature, to approve the armed forces that should be maintained in peace time.
11. To accuse, before the Chamber of Senators, the members of the Pluri-National Constitutional Court, of the Supreme Court and of the Administrative Control of Justice who have committed crimes in the exercise of their functions.
12. To propose lists of candidates to the President of the State for the designation of the presidents of the economic and social entities and other positions in which the State participates, by absolute majority pursuant to the Constitution.
13. To pre-select the candidates for the Administrative Control of Justice and to send the names of the candidates to the Pluri-National Electoral Organ so that this Organ may carry out the sole and exclusive organization of the electoral process.

Article 160

The attributes of the Chamber of Senators, in addition to those determined by this Constitution and the law, are:

1. To draft and approve its Rules.
2. To qualify the credentials granted by the Pluri-National Electoral Organ.
3. To elect its executive committee, and determine its internal organization and functions.
4. To apply sanctions to Senators, pursuant to the Rules, by decision of two-thirds of the members present.
5. To approve and execute its budge; to name and remove its administrative personnel and to attend to everything related to its internal economy and governance.
6. To be the sole instance to try the members of the Pluri-National Constitutional Court, of the Supreme Court, of the Agro-Environmental Court and of the Administrative Control of Justice for crimes committed in the exercise of their functions, whose sentences shall be approved by at least two-thirds of the members present, pursuant to the law.
7. To recognize with public honors those who are deserving of it for eminent service to the State.
8. To ratify the promotions, proposed by the Executive Organ, to General of the Army, of the Air Force, of the Division and of the Brigade; to Admiral, Vice Admiral, Rear Admiral, and General of the Bolivian Police.
9. To approve or deny the appointments of ambassadors and plenipotentiary Ministers proposed by the President of the States.

Article 161

The Chambers shall meet in Pluri-National Legislative Assembly to exercise the following functions, as well as those set forth in the Constitution:

1. To inaugurate and close its sessions.
2. To receive the oath of the President and Vice President of the State.
3. To accept or reject the resignation of the President of the State and of the Vice President of the State.
4. To consider the laws vetoed by the Executive Organ.
5. To consider bills approved in the Chamber of origin that were not approved in the reviewing Chamber.
6. To approve states of emergency.
7. To authorize the trial of the President or of the Vice President of the State.
8. To designate the Attorney General of the State and the Public Defender.

CHAPTER II. Legislative Procedure

Article 162

1. The following have the authority to initiate legislation, which the Pluri-National Legislative Assembly is obligated to process:
   1. Citizens.
   2. Members of the assembly in each of the Chambers.
   3. The Executive Organ.
   4. The Supreme Court, with respect to initiatives related to the administration of justice.
   5. The autonomous governments of the territorial entities.
2. The law and rules of each Chamber shall develop the procedures and requisites for exercising the authority of legislative initiative.

Article 163

The legislative process shall develop in the following manner:

1. The presentation of a bill by members of one of the Chambers of the assembly shall initiate the legislative process in that Chamber, which shall remand it to the corresponding commission or commissions for its treatment and initial approval.
2. The bill presented by other initiative shall be sent to the Chamber of Deputies, which shall remand it to a commission or commissions.
3. The legislative initiatives in matters of decentralization, autonomies and land registry and regulations shall be received by the Chamber of Senators.
4. When a bill has been reported by the corresponding commission or commissions, it shall be sent for consideration by the plenary of the Chamber, where it shall be discussed and approved in full and in detail. Each approval shall require an absolute majority of the members present.
5. The bill approved by the Chamber of origin shall be remanded to the reviewing Chamber for its decision. If the reviewing Chamber approves it, it shall be sent to the Executive Organ for its promulgation.
6. If the reviewing Chamber amends or modifies the bill, this shall be considered as approval if the originating Chamber accepts the amendments or modification by the vote of an absolute majority of the members present. In the event that it does not accept the changes, the two Chambers shall meet at the request of the originating Chamber within the term of twenty days following and shall debate the bill. The decision shall be made by the Plenary of the Pluri-National Legislative Assembly by an absolute majority of the members present.
7. In the event that thirty days pass without pronouncement on the bill by the reviewing Chamber, the bill shall be considered by the Plenary of the Pluri-National Legislative Assembly.
8. The approved bill, once confirmed, shall be sent to the Executive Organ for its promulgation as law.
9. A bill that has been rejected may be reintroduced in the next Legislature.
10. The law, which has been approved by the Pluri-National Legislative Assembly and sent to the Executive Organ, may be commented on by the President within ten working days from the time of its receipt. The observations of the Executive Organ shall be sent to the Assembly. If the latter should be in recess, the President shall send his or her observations to the Commission of the Assembly (Comision de Asamblea).
11. If the Pluri-National Legislative Assembly considers the observations of the President to be well founded, it will modify the law accordingly and will return the law to Executive Organ for its promulgation. In the event that it does not consider the observations to be well founded, the law shall be promulgated by the President of the Assembly. The decisions of the Assembly shall be made by the vote of the absolute majority of the members present.
12. The law on which no observations are made within the corresponding term of time shall be promulgated by the President of the State. The laws not promulgated by the Executive Organ in the terms set forth in the sections above shall be promulgated by the President of the Assembly.

Article 164

1. The promulgated law shall be published immediately in the Official Gazette.
2. Compliance with the law is obligatory from the date of its publication, except for those that establish a different term for entrance into force.