Constitution of the Republic of Colombia of 1.991

Scales of Justice
Political Constitution
of Colombia 1991

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Know your rights, duties and obligations "Constitution of the Republic of Colombia (1991)"

PREAMBLE THE PEOPLE OF COLOMBIA

In exercising its sovereign power, represented by its delegates to the National Assembly, invoking God's protection and to strengthen the unity of the nation and ensure its members life, peaceful coexistence, work, justice , equality, knowledge, freedom and peace within a framework legal, democratic and participatory to ensure a political, economic and social right, and pledged to promote the integration of the Latin American community, decree, approves and promulgates the Next Constitution of Colombia.

• TITLE I Fundamental Principles
• TITLE II Rights, Duties and Guarantees
• Title III of the People and Land
• TITLE IV Democratic Participation and Political Parties
• TITLE V State Organization
• Title VI of the Legislative Branch
• TITLE VII of the Executive Branch
• Title VIII of the Judicial Branch
• TITLE IX Elections and Electoral Organization
• TITLE X Control Of Organizations
• TITLE XI Territorial Organisation
• Title XII of the Economic and Public Finance
• Title XIII of the Constitution Review
• TRANSITIONAL PROVISIONS

TITLE I
Fundamental Principles Article 1 .-

Colombia is a social state of law, organized as a unitary republic, decentralized, with autonomous territorial entities, democratic, participatory and pluralistic, founded on respect for human dignity, work and solidarity of the people who up and the prevalence of general interest.

Article 2 .-

The essential goals of state are to serve the community, promote general prosperity and guarantee the effectiveness of the principles, rights and duties enshrined in the Constitution, to facilitate the participation of all in the decisions that affect them and in economic, political, administrative and cultural life of the nation, defending national independence, maintain territorial integrity and ensure peaceful coexistence and the enforcement of a just order.

The authorities of the Republic are instituted to protect all persons residing in Colombia, in his life, honor, property, beliefs and other rights and freedoms and to ensure compliance with social obligations of the State and individuals.

Article 3 .-

Sovereignty resides exclusively in the village, which exudes authority. The people exercise directly or through their representatives in the terms established by the Constitution.

Article 4 .-

The Constitution is the supreme law. In any case of inconsistency between the Constitution and the law or other rule of law, the relevant constitutional provisions. It is the duty of citizens and of foreigners in Colombia to abide by the Constitution and laws, and respect and obey the authorities.

Article 5 .-

The State recognizes, without discrimination, the primacy of human rights inalienable rights of the individual and protects the family as the basic institution of society.

Article 6 .-

Individuals are responsible only to the authorities for violating the Constitution and laws. Civil servants are from the same cause and by default or abuse while carrying out their duties.

Article 7 .-

The State recognizes and protects the ethnic and cultural diversity of the Colombian nation.

Article 8 .-

It is the duty of the state and individuals to protect the cultural and natural wealth of the nation.

Article 9 .-

State's foreign relations are based on national sovereignty, respect for self-determination of peoples and the recognition of the principles of international law accepted by Colombia.

Similarly, Colombia's foreign policy will be oriented toward Latin American and Caribbean integration.

Article 10 .-

Castilian is the official language of Colombia. The languages ​​and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions will be bilingual.

TITLE II

Rights, Duties and Guarantees

Chapter 1 ....... From Fundamental Rights.

Article 11 .-

The right to life is inviolable. There will be no death penalty.

Article 12 .-

No one shall be subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment.

Article 13 .-

All persons are born free and equal before the law will receive the same protection and treatment by the authorities and enjoy the same rights, freedoms and opportunities without discrimination based on sex, race, national or family origin, language, religion, political or philosophical.

The State shall promote the conditions for real equality and effective and adopt measures in favor of groups discriminated against or marginalized. The State shall provide special protection to those people whose economic status, physical or mental, are in obviously vulnerable circumstances and punish any abuse or ill-treatment perpetrated against them.

Article 14 .-

Everyone has the right to recognition before the law.

Article 15 .-

All persons are entitled to their personal and family privacy and your good name, and the State must respect and ensure respect. Similarly, the right to know, update and rectify information gathered about them in databases and archives of public and private entities.

In the collection, processing and data movement respect the freedom and the other guarantees in the Constitution. Correspondence and other forms of private communication are inviolable. Only be intercepted or recorded pursuant to court order, in the cases and with the formalities prescribed by law.

For tax or legal purposes and for cases of inspection, surveillance and state intervention may require the submission of books and other private documents, in the terms stipulated by law

Article 16 .-

All people are entitled to free development of his personality without more limitations than those imposed by the rights of others and the legal system.

Article 17 .-

Prohibits slavery, servitude and human trafficking in all its forms.

Article 18 .-

It guarantees freedom of conscience. No one shall be molested on account of their convictions or beliefs or compelled to reveal or obliged to act against their conscience.

Article 19 .-

It guarantees freedom of religion. Everyone has the right to profess freely their religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law.

Article 20 .-

It guarantees everyone the freedom to express and disseminate their thoughts and opinions, to transmit and receive truthful and impartial, and to establish mass media. These are free and have social responsibility. The right to rectification under conditions of equality. There will be no censorship.

Article 21 .-

The right to dignity. The law shall specify the form of protection.

Article 22 .-

Peace is a right and a duty binding.

Article 23 .-

Everyone has the right to submit petitions to the authorities for reasons of general or particular interest and to obtain prompt resolution. The legislature may regulate the private organizations to ensure fundamental rights.

Article 24 .-

All Colombian limitations established by law, are entitled to move freely throughout the national territory, to enter and leave him to remain and reside in Colombia.

Article 25 .-

Work is a right and a social obligation and has, in all its forms, the special state protection. Everyone has the right to work in decent conditions and fair.

Article 26 .-

Everyone is free to choose a profession or trade. The law may require certificates of competence. The competent authorities inspect and supervise the exercise of professions. Occupations, arts and crafts that do not require academic training can be freely exercised, except those that involve a social risk.

Legally recognized professions can be organized in schools. The internal structure and functioning of these must be democratic. The law may assign public functions and establish the appropriate controls.

Article 27 .-

The state guarantees freedom of teaching, learning, research and Chair.

Article 28 .-

Everyone is free. No one may be molested in his person or family, or imprisoned or arrested or detained, or have his home searched, except by written order of a competent judicial authority, with legal formalities and for reasons previously defined in the law.

The person in custody will be made available to the competent court within thirty-six hours so that it can take an appropriate decision within the term established by law. In no case can there be arrest, detention or imprisonment for debt, or penalties and security measures limitations.

Article 29 .-

Due process applies to any kind of judicial and administrative proceedings. No one shall be tried except under laws that predate the act which he is charged, before a competent court and in compliance with the fullness of the forms of each trial.

In criminal cases, permissive or favorable law, even if later be applied in preference to restrictive or unfavorable. All persons are presumed innocent until the court declared guilty. Anyone who is accused has the right to defense and assistance of counsel chosen by him, or craft, during the investigation and prosecution, to a fair public trial without undue delay, to present evidence and which witnesses for the prosecution , to challenge the conviction, and not be tried twice for the same offense. Is null and void, the evidence obtained in violation of due process.

Article 30 .-

Whoever is deprived of his liberty, and believes it to be unlawful is right to plead any judicial authority at any time, by himself or through another person, habeas corpus, which must decide within thirty-six hours.

Article 31 .-

Any conviction may be appealed or reviewed, but the exceptions provided by law. The higher court may not impose a heavier penalty when the accused is the sole appellant.

Article 32 .-

The offender caught in flagrante delicto may be apprehended and brought before a judge by any person. If law enforcement officials persecute him and take refuge in their own homes, can penetrate it, for the act of apprehension, if it doth to address others, should precede formal notice to the resident.

Article 33 .-

No one shall be compelled to testify against himself or against his spouse, permanent companion or relatives within the fourth degree, second degree or first civil.

Article 34 .-

Sentences are prohibited exile, imprisonment and confiscation. However, by court order, may nullify the ownership of property acquired, to the detriment of the public treasury or seriously harmful to social morality.

Article 35 .-

It prohibits the extradition of Colombians by birth. No foreigners extradited for political crimes or opinion. Colombians who have committed crimes abroad, considered as such under national law shall be prosecuted and tried in Colombia.

Article 36 .-

It recognizes the right of asylum in the terms established by law.

Article 37 .-

Any number of people can gather and demonstrate publicly and peacefully. Only the law may establish explicitly the cases which may limit the exercise of this right.

Article 38 .-

The right of free association for the development of different activities that people perform in society.

Article 39 .-

Workers and employers have the right to form unions or associations without state intervention. Legal recognition is through the simple enrollment charter.

The internal structure and functioning of trade unions and social and labor organizations shall be subject to legal order and democratic principles. The cancellation or suspension of legal personality come only through the courts.

It is recognized union representatives the privileges and guarantees necessary for the discharge of their responsibilities. Not have the right of association members of the security forces.

Article 40 .-

Every citizen has the right to participate in the establishment, exercise and control of political power. To enjoy this right can:

1. Elect and be elected.

2. Take part in elections, plebiscites, referendums, popular consultations and other forms of democratic participation.

3. Be parties, movements and groups without limitation, be part of them freely and disseminate their ideas and programs.

4. Revoke the mandates of elected officials in the cases and in the manner established by the Constitution and the law.

5. Taking the initiative in public corporations.

6. Public actions in defense of the Constitution and the law.

7. Get the performance of public functions and offices, except the Colombians by birth or naturalized, who hold dual nationality. The law shall regulate this exception and determine the cases to which it applies. The authorities should ensure adequate and effective participation of women in decision-making levels of public administration.

Article 41 .-

In all educational institutions, public or private, shall be required to study the Constitution and civics. Also encourage democratic practices is to learn the principles and values ​​of citizen participation. The state will publicize the Constitution.

Chapter 2. Of Social, Economic and Cultural Rights.

Article 42 .-

The family is the fundamental unit of society. Is constituted by natural or legal ties, by the free decision of a man and a woman to marry or by the will responsible for compliance.

The state and society ensure the full protection of the family. The law may determine the family property inalienable and indefeasible. The honor, dignity and privacy of the family are inviolable. Family relationships are based on equal rights and duties of the couple and mutual respect among all its members. Any form of violence in the family is considered destructive of its harmony and unity, and shall be punished according to law.

The children born in marriage or outside it, adopted or conceived naturally or with scientific assistance, have equal rights and duties. The law shall regulate the parental responsibility. The couple has the right to decide freely and responsibly on the number of their children and will support them and educate them while they are minors or disabled. The forms of marriage, the age and capacity to contract, the rights and duties of the spouses, their separation and dissolution of marriage are governed by civil law. Religious marriages will have civil effects within the limits established by law.

The civil effects of all marriages may divorce under civil law. Also have civil effects decrees of annulment of religious marriages issued by the authorities of the respective faiths in the manner prescribed by law. The law shall determine matters relating to civil status of persons and the consequent rights and duties.

Article 43 .-

Women and men have equal rights and opportunities. Women may not be subjected to any kind of discrimination. During pregnancy and after delivery shall enjoy special protection and assistance of state and will receive the latter food subsidies if unemployed or homeless. The State shall provide special support for female heads of household.

Article 44 .-

The fundamental rights of children: life, physical integrity, health and social security, a balanced diet, your name and nationality, a family and not be taken away from her care and love, education and culture , recreation and free expression of opinion. Be protected against all forms of neglect, physical or moral violence, abduction, sale, sexual abuse, labor exploitation and hazardous work. They will also enjoy the other rights enshrined in the Constitution, laws and international treaties ratified by Colombia.

The family, society and the State have an obligation to assist and protect the child to ensure harmonious and comprehensive development and full exercise of their rights. Any person may request the competent authority compliance and punish violators. The rights of children prevail over the rights of others.

Article 45 .-

The teenager is entitled to protection and comprehensive training. The state and society ensure the active participation of youth in public and private agencies that are responsible for the protection, education and advancement of youth.

Article 46 .-

The State, society and the family participate in protecting and assisting the senior citizens and will promote their integration into working life and community. The state will guarantee the services of the comprehensive social security and food subsidies in connection with poverty.

Article 47 .-

The State will promote a policy of planning, rehabilitation and social integration for those with physical, sensory and mental disabilities, those who provide the specialized attention they need.

Article 48 .-

Social Security is a mandatory public service to be provided under the direction, coordination and control of the state, subject to the principles of efficiency, universality and solidarity, in the terms established by law

Is guaranteed to all citizens the inalienable right to Social Security. The state, with the participation of individuals, gradually extend the coverage of Social Security to include the provision of services in the manner prescribed by law

Social Security may be provided by public or private entities in accordance with the law. May not assign or use the resources of the institutions of Social Security for purposes other than her. The law will define the means by which the resources devoted to pensions maintain their purchasing power constant.

Article 49 .-

The health and environmental protection are public services by the State. It guarantees everyone access to health promotion, protection and restoration of health. For the State to organize, direct and regulate the delivery of health services to residents and environmental sanitation in accordance with the principles of efficiency, universality and solidarity. Also, establish policies for the provision of health services by private entities and to exercise supervision and control. Also, establish the jurisdiction of the federal, territorial entities and individuals, and determine the shares of their responsibilities under the terms and conditions outlined in the law.

Health services are organized in a decentralized manner, with levels of care and community participation. The law shall specify the terms under which basic health care for all residents will be free and compulsory. Everyone has a duty to ensure the comprehensive care of your health and your community.

Article 50 .-

Any child under one year is not covered by any protection or social security, shall be entitled to free care in all health institutions that receive state. The law will regulate the matter.

Article 51 .-

All Colombians are entitled to decent housing. The state will determine the conditions necessary to enforce this law and will promote plans for affordable housing, adequate long-term funding and associative forms of implementation of these housing programs.

Article 52 .-

It recognizes the right of all people to recreation, sport and the use of free time. The state will promote these activities and inspect the sports organizations, the structure and property should be democratic.

Article 53 .-

The Congress will issue a labor statute. The appropriate law will at least consider the following basic minimum principles: equality of opportunity for workers and minimum living wage, which is proportional to the quantity and quality of work, job security, irrevocability of minimum benefits established in rules labor, power to compromise and reconcile conflicting rights and controversial, a situation most favorable to the worker in case of doubt in the application and interpretation of formal sources of law, primacy of the reality on formalities established by the subjects of labor relations, security social security, training, training and rest time, special protection for women, maternity and minor worker. The State guarantees the right to timely payment and the periodic adjustment of pensions law.

The International Labour Conventions have been ratified are part of domestic law. The law, contracts, agreements and work agreements may not infringe on freedom, human dignity and rights of workers.

Article 54 .-

It is the duty of the State and employers to offer training and professional and technical skills who require it. The State shall promote the employment of people of working age disabled people and guarantee the right to employment appropriate to their health.

Article 55 .-

It guarantees the right of collective bargaining to regulate labor relations, with the exceptions provided by law. It is the duty of the state to promote negotiation and other means of peaceful settlement of labor disputes.

Article 56 .-

The right to strike, except for essential public services defined by the legislature. The law shall regulate this right. A standing committee composed of the Government, representatives of employers and workers, promote good relations, contribute to the resolution of collective labor disputes, and coordinate wage and labor policies. The law shall regulate its composition and functions.

Article 57 .-

The law may establish incentives and means to involve employees in corporate governance.

Article 58 .-

You can guarantee private property and other rights under civil laws, which can not be ignored or violated by subsequent legislation. Where the application of a law passed by reason of public utility or social interest, conflict may result from the rights of individuals with the need for it is recognized, the private interest must yield to public or social interest.

The property is a social function that implies obligations. As such, it is inherent in an ecological function. The state shall protect and promote associational and collective forms of ownership. For reasons of public utility or social interest defined by the legislature, expropriation will be a judicial determination and prior indemnification. This is determined in consultation with the interests of the community and the affected. In the cases determined by the legislature, such expropriation may administratively, subject to further administrative action, including on price.

However, the legislature, for reasons of equity, may determine cases where there is no place to compensation by the vote of an absolute majority of members of both chambers. The reasons of equity, and the reasons of public utility or social interest invoked by the legislature, the courts will not be controversial.

Article 59 .-

In case of war and only to meet their requirements, the need for expropriation may be decreed by the Government without prior compensation. In the above case, the only real property may be occupied temporarily, to meet the needs of war or to assign to it its products. The state will always be responsible for the expropriations that the Government itself or through its agents.

Article 60 .-

The State shall promote, in accordance with the law, access to property. When the state sells its interest in an enterprise, it will take measures to democratize the ownership of its shares and will offer to their employees, organizations and workers' solidarity, special conditions for access that share ownership. The law will regulate the matter.

Article 61 .-

The State shall protect intellectual property through time and through the formalities prescribed by law.

Article 62 .-

The fate of donations inter vivos or testamentary, made under the law for social purposes, can not be altered or modified by the legislature, unless the purpose of the donation goes away. In this case, the law will assign the property in question to a similar purpose. The government will oversee the management and investment of such donations.

Article 63 .-

The public goods, natural parks, communal lands of ethnic groups, land stewardship, the archeological heritage of the nation, and other property determined by law, are inalienable and indefeasible.

Article 64 .-

It is the duty of the state to promote the progressive access to land for agricultural workers, individually or in partnership, and education services, health, housing, social security, recreation, credit, communications, product marketing, support technical and business to improve income and quality of life of farmers.

Article 65 .-

Food production will enjoy special protection by the State. To this end, priority to the comprehensive development of agriculture, animal husbandry, fisheries, forestry and agribusiness, as well as the construction of physical infrastructure and land improvement. Similarly, the State shall promote research and technology transfer for the production of food and agricultural raw materials, in order to increase productivity.

Article 66 .-

The provisions enacted in credit may regulate the special conditions of agricultural credit, taking into account the cycles of crops and prices, as well as the risks inherent in the business and environmental disasters.

Article 67 .-

Education is a right of the individual and a public service that has a social function with her proposed access to knowledge, science, technology, and other goods and cultural values. The Colombian will be educated to respect human rights, peace and democracy, and in the practice of work and recreation, to improve cultural, scientific, technological and environmental protection. The State, society and family are responsible for education to be compulsory from five to fifteen years of age and include at least one year of preschool and nine years of basic.

Education is free in state institutions, subject to payment of school fees to those able to pay. It is for the state to perform the final inspection and supervision of education to ensure quality, compliance with its purposes and for the improved moral, intellectual and physical learners, ensuring an adequate supply of service and ensure that minors the conditions necessary for access and permanence in the educational system. The nation and the territorial entities will participate in the management, funding and administration of state educational services within the limits stipulated by the Constitution and the law.

Article 68 .-

The state guarantees freedom of teaching, learning, research and lecturing. Individuals may create educational institutions. The law establishes the conditions for their creation and management. The educational community will participate in the management of education institutions. Education will be entrusted to persons of recognized ethical and pedagogical. The law guarantees the professionalism and dignity of the teaching profession. Parents have the right to choose the type of education for their minor children. In state institutions, no person shall be compelled to receive religious instruction.

Members of ethnic groups have the right to an education that respects and develops their cultural identity. The eradication of illiteracy and education of people with physical or mental limitations, or with exceptional abilities are special obligations of the State.

Article 69 .-

University autonomy is guaranteed. Universities may be able to administer and operate under their own bylaws, in accordance with the law. The law establishes a special regime for state universities. The State shall strengthen scientific research in the public and private universities and offer special conditions for their development. The State shall provide financial mechanisms that make possible the access of all persons eligible to higher education.

Article 70 .-

The State has the duty to promote and enhance access to culture for all Colombians in equal opportunities through continuing education and science education, technical, artistic and professional at all stages of the process of identity creation national. Culture in its various manifestations is the basis of nationality. The State recognizes the equal dignity of all who live in the country. The State shall promote research, science, development and dissemination of cultural values ​​of the nation.

Article 71 .-

The pursuit of knowledge and artistic expression are free. The plans of economic and social development include the promotion of science and general culture. The state will create incentives for individuals and institutions to develop and promote science and technology and other cultural events and offer special incentives to individuals and institutions engaged in these activities.

Article 72 .-

The Nation's cultural heritage is under state protection. Archaeological and other cultural resources that shape national identity, belong to the nation and are inalienable, indefeasible and inalienable. The law establishes the mechanisms to restore when they are in private hands and will regulate the special rights of ethnic groups may have settled in areas of archaeological riches.

Article 73 .-

Journalistic activities will be protected to ensure their freedom and professional independence.

Article 74 .-

All persons have the right to access public documents except in cases specified by law. Professional confidentiality is inviolable.

Article 75 .-

The electromagnetic spectrum is a public good unalienable and indefeasible subject to the management and control of the state. It guarantees equal opportunity in access to its use within the limits set by law. To ensure media pluralism and competition, the State will intervene and rule of law to prevent monopolistic practices in the use of the electromagnetic spectrum.

Article 76 .-

State intervention in the electromagnetic spectrum used for television services will be provided by a public body with legal, administrative, and technical assets, subject to its own legal regime. This agency will develop and implement plans and programs of the State in the service referred to in the preceding paragraph.

Article 77 .-

The policy address on television that prescribed by law, without prejudice to the freedoms enshrined in this Constitution, shall be referred by the agency. Television will be regulated by autonomous national entity, subject to its own legal regime. The management and execution of the functions of the entity will be run by a board composed of five (5) members, which appoints the director. The board members have a fixed period. The national government will appoint two of them. Another member will be the legal representatives of regional television channels. The law provides for appointing the other members and regulate the organization and operation of the entity. Paragraph .- The guarantee and respect the stability and the rights of workers Inravisión. Chapter 3 ....... From the Collective Rights and the Environment.

Article 78 .-

The law shall regulate the quality control of goods and services and rendered to the community as well as information to be provided to the public in its marketing. Shall, in accordance with the law, who in the production and marketing of goods and services may jeopardize the health, safety and adequate supply to consumers and users. The State shall guarantee the participation of consumer organizations and users in the study of the provisions that concern them. To enjoy this right should be  representative organizations and observe internal democratic procedures.

Article 79 .-

All persons are entitled to a healthy environment. The law guarantees the participation of the community in decisions that may affect it. It is the duty of the State to protect the diversity and integrity of the environment, conserve areas of special ecological importance and promote education in achieving these ends.

Article 80 .-

The state will plan the management and exploitation of natural resources to ensure sustainable development, conservation, restoration or replacement. Also, you must prevent and control the factors of environmental deterioration, impose legal sanctions and seek redress for damage caused. Also, cooperate with other nations in protecting the ecosystems in the border areas.

Article 81 º .-

Prohibited the manufacture, importation, possession and use of chemical, biological and nuclear weapons and the introduction of the national territory of nuclear waste and toxic waste. The state will regulate the importation and exportation of it from genetic resources and their use, according to the national interest.

Article 82 .-

It is the duty of the state to protect the integrity of public space and its assignment to common usage, which takes precedence over individual interest. Public entities will participate in the profits generated by their urban planning and regulate land use and urban air space in the joint interest. Chapter 4 ....... From the Protection and Enforcement of Rights.

Article 83 .-

The actions of individuals and public authorities should adhere to the principles of good faith, which is assumed in all the steps that those with the latter.

Article 84 .-

When a right or an activity has been regulated in general, public authorities may not establish or require permits, licenses or additional requirements for its exercise.

Article 85 º .-

Immediate application of the rights enshrined in Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 37 and 40.

Article 86 º .-

Everyone shall care to demand action before the judges, at any time and place, through a preferential and summary procedure, by itself or by anyone acting on its behalf, the immediate protection of their fundamental constitutional rights, whenever they can be of violated or threatened by any action or omission of any public authority.

The protection will consist of an order to that in respect of whom protection is sought, act or refrain from doing so. The ruling, which will be complied with immediately, may be challenged before the competent court and in any case, it will refer to the Constitutional Court for possible review. This action only when the affected party has no other means of legal defense, except when it is used as a temporary device to avoid irreparable damage. In no case may more than ten days elapsed between the request for protection and resolution. The law shall define the cases where the appropriate supervisory action against individuals responsible for providing a public service or whose conduct seriously and directly affects the collective interest or in respect of whom the applicant is in a state of subordination or helplessness.

Article 87 º .-

Any person may appear before the judicial authority to enforce compliance with a law or administrative act. In case of successful action, the sentence will order the authority reluctantly omitted the line of duty.

Article 88 º .-

The law will regulate popular actions for the protection of collective rights and interests related to the homeland, space, safety and public health, administrative ethics, the environment, free economic competition and others of a similar nature that are defined in it. Also regulate the actions arising out of damage caused to a large number of individuals, subject to appropriate individual action. Also, determine the cases of strict liability for damage caused to the rights and interests.

Article 89 .-

In addition to those contained in previous articles, the law shall establish other resources, actions, and procedures necessary to enable them to advocate for the integrity of the legal order and the protection  of individual rights, group or collective address the act or omission by public authorities.

Article 90 º .-

The state financially liable for the wrongful harm it incurs, caused by the acts or omissions of public authorities. In the event the state is ordered for compensatory damages of one of such damage has been caused by the willful or grossly negligent conduct of its agents, the former shall be against it.

Article 91 .-

In case of clear infringement of a constitutional provision to the detriment of any person, the superior orders does not absolve from responsibility the executing agent. Serving military personnel are exempted from this provision. About them, the responsibility rests solely on the superior giving the order.

Article 92 º .-

Any natural or legal person may request the competent authority the application of the penal or disciplinary sanctions for the conduct of public authorities.

Article 93 º .-

Treaties and conventions ratified by the Congress that recognize human rights and prohibit their limitation in states of emergency prevailing in the domestic. The rights and duties enshrined in this Charter shall be construed in accordance with international human rights treaties ratified by Colombia.

Article 94 .-

The enunciation of the rights and guarantees contained in the Constitution and international conventions should not be understood as negating others, being inherent in the human person, not expressly mentioned in them.

Chapter 5º. Duties and Obligations.

Article 95 .-

Colombian enhances the quality of all members of the national community. All are on the duty to respect and dignify. The exercise of the rights and freedoms recognized in the Constitution implies responsibilities. Every person is bound by the constitution and laws is the duty of the person and the citizen:

1. Respect the rights of others and not abuse their own;

2. Operate under the principle of social solidarity, responding to humanitarian action in situations that endanger the life or health of persons;

3. Respect and support the legitimately constituted democratic authorities to maintain national independence and integrity;

4. Defend and promote human rights as the basis for peaceful coexistence

5. Participate in the political, civic and community in the country;

6. Strive toward the achievement and maintenance of peace;

7. Contribute to the smooth functioning of the administration of justice;

8. Protect natural and cultural resources of the country and ensure the preservation of a healthy environment

9. Help finance expenses and investments of the state in justice and equity concepts

TITLE IIIOf the Population and TerritoryChapter 1. Nationality.

Article 96 .-

Colombian nationals are:

8. By birth:

a) The natives of Colombia, one of two conditions: that the parent have been natives or Colombian nationals or that, being children of foreigners, some of the parents was domiciled in the Republic at the time of birth.

b) The father or mother Colombians who were born abroad and then are domiciled in the Republic.

9. For adoption:

a) Foreigners who apply for and obtain a certificate of naturalization, according to the law, which define the cases in which Colombian citizenship is lost by adoption.

b) The Latin American and Caribbean-born resident in Colombia, with government approval and in accordance with the law and the principle of reciprocity, request to be registered as Colombians in the municipality where they reside.

c) The members of indigenous peoples who share border with the principle of reciprocity according to public treaties. No Colombian by birth may be deprived of his nationality. The status of Colombian is not lost by the acquisition of another nationality. The national will not be obligated to renounce their nationality of origin or adoption. Whoever has renounced his Colombian citizenship may recover under the law.

Article 97 .-

The Colombian, but has renounced citizenship status, acting against the interests of the country in foreign war against Colombia, will be tried and punished as a traitor. Adoption Colombians and foreigners residing in Colombia, may be compelled to take up arms against their country of origin nor the Colombians will be nationalized in a foreign country against the country of his new nationality.

Chapter 2 ....... Citizenship.

Article 98 .-

The citizenship is lost when you've actually given up on it, and its exercise can be suspended by virtue of judicial decision in cases specified by law. Those who have been suspended from the exercise of citizenship, may apply for rehabilitation. PARAGRAPH. While the law states otherwise, citizenship is exercised from the age of eighteen.

Article 99 .-

The quality of citizenship rights is essential precondition for exercising the right to vote, to be elected to public office and carry authority or jurisdiction.

Chapter 3º. For Aliens.

Article 100 .-

Foreigners in Colombia shall enjoy the same civil rights granted to Colombians. However, the law may, for reasons of public policy, subject to special conditions or deny the exercise of certain civil rights to foreigners. Likewise, foreigners shall enjoy in the territory of the Republic, guarantees granted to nationals, subject to the limitations established by the Constitution or the law. Political rights are reserved for nationals, but the law may allow foreigners residing in Colombia the right to vote in elections and referendums municipal or district.

Chapter 4º. Planning.

Article 101 .-

Colombia limits are established in international treaties approved by Congress, duly ratified by the President, and those defined by the arbitral awards entered into by the Nation. The limits in the manner provided by this Constitution may be amended only under treaties approved by Congress, duly ratified by the President of the Republic. Part of Colombia, in addition to the mainland, the archipelago of San Andrés, Providencia and Santa Catalina, the island of Malpelo, in addition to the islands, islets, cays and shoals that are owned. Also part of Colombia, the subsoil, the territorial sea, contiguous zone, continental shelf, exclusive economic zone, air space, the segment of the geostationary orbit, the electromagnetic spectrum and the space where it operates, in accordance with International law or the laws of Colombia in the absence of international standards.

Article 102 .-

The territory, with the public goods that are part of it, belong to the nation.

TITLE IV
Democratic Participation and Political PartiesChapter 1. Forms of Democratic Participation.

Article 103 .-

Are mechanisms for involving the people in the exercise of its sovereignty: the vote, the plebiscite, referendum, popular consultation, open forums, legislative initiative and the recall referendum. The law will regulate. The state will contribute to the organization, promotion and training of professional, civic, labor, community, youth, charitable or non-governmental community, while respecting their autonomy in order to constitute democratic representation in the various bodies of participation, coordination, control and surveillance of public administration to be established.

Article 104 º .-

The President of the Republic, signed by all ministers and the prior approval of the Senate, may consult the people on matters of national importance. The people's decision shall be binding. The search may be performed concurrently with an election.

Article 105 º .-

After completion of the requirements and formalities prescribed by the general statute of the territorial organization and where it determines, the governors and mayors, as the case may conduct referendums to decide issues of jurisdiction of the respective department or municipality.

Article 106 .-

After fulfilling the requirements established by law and where it may determine, the inhabitants of the local authorities may submit projects on matters falling within the competence of the respective public corporation, which is required to consider, deciding on the provisions interest of the community initiative or authority or corporation for at least 10% of registered voters in the relevant electoral roll, and elect representatives on the boards of the companies providing public services within the respective territorial entity.

Chapter 2º. Of Parties and Political Movements.

Article 107 .-

It guarantees all citizens the right to establish, organize and promote parties and political movements and the freedom to join or withdraw them. Also guarantees social organizations the right to demonstrate and participate in political events.

Article 108 .-

The National Electoral Council recognized legal status of parties and political movements to organize themselves to participate in the democratic life of the country, where they find their existence no less than fifty thousand signatures, or when in the previous election have earned at least the same number of votes or fails to be elected at the Congress. In no case may the law to impose rules of internal organization of parties and political movements, or they require membership to participate in elections.

Parties and political movements with a legal status may register candidates without any additional requirements. This registration must be supported for the same purpose by the respective legal representative of the party or movement or whoever he designates. Social movements and significant groups of citizens may also register candidates.

The law may establish requirements for ensuring the reliability of registration of candidates. The personality of the present article is terminated for failure to obtain the requisite number of votes or fails to be elected as members of Congress in the last election. It will also lose that personality when the elections are made on will not be obtained by the party or political movement through their candidates at least fifty thousand votes or no scope for representation in the Congress.

Article 109 º .-

The State will help fund the operations and campaigns of political parties and movements with legal status. Other parties, movements and significant groups of citizens who apply candidates will each receive this benefit provided they obtain the percentage of votes established by law. The law may limit the amount of the costs to parties, movements or candidates may make in election campaigns, and the maximum amount of individual contributions. Parties, movements and candidates must be held publicly accountable for the volume, origin and destination of their income.

Article 110 º .-

It prohibits persons in public office make any contributions to political parties, movements or candidates, or induce others to do so, except as provided by law. The failure of either of these prohibitions shall be grounds for removal from office or loss of investiture.

Article 111 º .-

The parties and political movements with a legal right to use the media state at all times, according to law. She likewise establish where and how the duly registered candidates will have access to the media.

Chapter 3 º. The Statute of the Opposition.

Article 112 .-

The political parties and movements that do not participate in the government may freely exercise their critical role in front of it and plan and develop policy alternatives. For these purposes, unless legal restrictions, they are guaranteed the following rights: access to information and official documentation, the use of social media the State in accordance with the representation obtained in the  congressional election period; response in the state media against serious and flagrant misrepresentations or proffered public attacks by senior officials, and participation in electoral bodies. The parties and political movements have the right to participate in the boards of collegiate bodies, as represented in them. A statute shall regulate the matter fully.

TITLE V

State Organization

Chapter 1º. Structure of the State.

Article 113 .-

The branches of government are the legislative, executive, and judicial. Besides bodies that constitute them, there are others, autonomous and independent, to fulfill the other functions of government. The various organs of state have separate functions but cooperate harmoniously to achieve its goals.

Article 114 º .-

It is for Congress to amend the Constitution, make laws and exercise political control over government and administration. The Congress will be composed of the Senate and House of Representatives.

Article 115 º .-

The President is Head of State, Head of Government and supreme administrative authority. The National Government is formed by the President, the Cabinet ministers and heads of administrative departments. The President and the Minister or Director of the appropriate department in each particular case, constitute the government. No act of the President, except the appointment and dismissal of ministers and directors of administrative departments and those issued in his capacity as Head of State and supreme administrative authority, shall have any force or until it is signed and announced by the minister of concerned or by the Director of the Administrative Department concerned, who, by the very fact they are responsible. The governors and mayors and superintendents, public and industrial or commercial enterprises of the State, are part of the Executive Branch.

Article 116 .-

The Constitutional Court, the Supreme Court, the State Council, the Higher Judicial Council, the Attorney General's Office, Courts and Judges administer justice. So does the military justice system. Congress shall exercise certain judicial functions. Exceptionally, the law may assign jurisdiction of specific subject to certain administrative authorities. But it will not be allowed to pass the case file and prosecute crimes. Individuals may be temporarily invested the role of justice in the condition of conciliators or arbitrators authorized by the parties to utter failure at law or in equity, in the manner prescribed by law.

Article 117 .-

The Public Ministry and the Comptroller General of the Republic are organs of control.

Article 118 .-

The Attorney General shall be exercised by the Attorney General's Office, the Ombudsman, by procurators and prosecutors, before the legal authorities, by municipal and other officials specified by law. The Public Prosecutor is for the safeguarding and promotion of human rights, protecting the public interest and monitoring the official conduct of public functions.

Article 119 º .-

The Comptroller General's Office is responsible for monitoring the fiscal management and control of administrative performance.

Article 120 º .-

The electoral organization consists of the National Electoral Council by the National Registry of Civil Status and other bodies established by law. Is responsible for organizing the election, his direction and supervision, as well as on the identity of individuals.

Article 121 º .-

No authority of the State may perform functions other than those conferred by the Constitution and the law.

Chapter 2º. Civil Service.

Article 122 .-

No public position will have its duties in law or regulations and to provide those which are paid are required to be provided in the respective plant and provided their salaries in the budget. No public servant shall exercise their duties without an oath to enforce and defend the Constitution and perform the duties assigned to it. Before taking office, to withdraw from it or when requested by competent authority shall declare under oath the amount of their assets and income. This declaration may only be used for the aims and purposes of the application of standards of public service. Without prejudice to other penalties provided by law a public servant who is convicted of offenses against property of the State, shall be disqualified for the performance of public functions.

Article 123 .-

Public servants are members of the public corporations, employees and workers of the state and its territorial and decentralized services. Public servants are paid by the State and community shall exercise their functions in the manner prescribed by the Constitution, law and regulation. The law shall determine the rules applicable to individuals who temporarily perform public functions and regulate their exercise.

Article 124 .-

The law determines the liability of public servants and how to make it effective.

Article 125 .-

Jobs in state bodies and institutions are run. Exceptions are popularly elected, the free appointment and removal, the official workers and others determined by law. The officials whose appointment system has not been determined by the Constitution or law, shall be appointed by open competition. Entry into career positions and promotion in the same will be made after fulfillment of the requirements and conditions set by law to determine the merits and qualifications of applicants. The withdrawal shall be made: for unsatisfactory grade in the course of employment, for violation of the disciplinary and other causes prescribed in the Constitution or the law. In any case, the political affiliation of the citizens determine their appointment to a career position, promotion or dismissal.

Article 126 .-

Public servants and employees shall not appoint people with whom they are related to the fourth degree of consanguinity, affinity two civil law, or who are related by marriage or permanent. Nor may designate persons related by them to public servants competent to act on his nomination.

Excepted from the provisions of this article are those appointments that are made pursuant to existing rules on entry or promotion on merit.

Article 127 .-

Public servants may not hold, either directly or through an intermediary, or on behalf of another, any contract with public entities or private individuals who handle or manage public funds, except legal exceptions. Employees of the State and its decentralized agencies have jurisdiction, civil or political authority, administrative management positions, or play in the judicial bodies, election monitoring, are forbidden to take part in party activities and movements , and political disputes, without prejudice to exercise freely their right to vote. Employees not covered by this prohibition may participate in such activities in accordance with the conditions stipulated by law. Employment use to pressure citizens to support a political cause or campaign is grounds for misconduct.

Article 128 .-

No person shall simultaneously hold more than one public or receive more than one salary from the public treasury, or of companies or institutions in which it holds majority stake in the State, except in cases expressly determined by law. Understood by the public treasury of the Nation, the territorial entities and the decentralized.

Article 129 .-

Public servants may not accept employment, honors or rewards from foreign governments or international organizations or enter into contracts with them, without prior government approval.

Article 130 .-

There will be a National Civil Service Commission is responsible for administering and monitoring the careers of public servants, except those with special character.

Article 131 .-

Compete with the law regulating the public service provided by notaries and registrars, the definition of working arrangements to their employees regarding contributions and taxation of the Notary Public, bound for the administration of justice. The appointment of the Notary Public will be done through competition. Government is for the creation, deletion and merging of Notary Public and Registrar and to determine the number of notaries and registry offices.

TITLE VILegislative BranchChapter 1º. Composition and Functions.

Article 132 º .-

The Senators and Representatives will be elected for a term of four years, beginning on 20 July following the election.

Article 133 º .-

Members directly elected bodies representing the people and should act with justice and the common good. The elected official is accountable to society and to their voters for the execution of the duties of their office.

Article 134 º .-

The permanent or temporary absence of members of public corporations shall be filled by candidates who, in order of registration, in successive and descending, fall within the same electoral list. Added by Article 1 of the Legislative Act No. 3 of 1993 (December 1916), "which are added by sections 134 and 261 of the Constitution."

Article 135 .-

The powers of each House:

10. Choose their boards.

11. Elect its Secretary General, for periods of two years commencing on July 20 who must meet the same qualifications specified for membership in the respective chamber.

12. Ask the Government the reports you need, except as provided in paragraph 2 of Article next.

13. Decide to hold meetings at a priority to oral questions to Ministers, Congressmen and their answers. The rules regulate the matter.

14. Fill the positions established by law for the performance of their duties.

15. Government seek the cooperation of government agencies to improve the performance of their duties.

16. Organize its internal police.

17. Quote and requiring ministers to attend the sessions. The summons will be made in advance at least five days and made a written notice. If the ministers do not attend without an excuse accepted by the respective chamber, it may propose a motion of censure. Ministers will be heard at the session for which they were cited, without prejudice to the debate continue in subsequent sessions by decision of the respective chamber. The debate may not extend to matters unrelated to and will head the agenda of the session.

18. Propose a motion of censure on ministers for matters related to functions of the post. The motion of censure, if any it must propose at least a tenth of the Members of the respective chamber. The vote will take place between the third and tenth day following the end of the debate, in plenary session, after hearing the respective ministers. Approval will require an absolute majority of the members of each chamber. Once approved, the minister is relieved of his post. If it is rejected, it may present another on the same matter unless new facts justify.

Article 136 .-

Congress is prohibited and each of its Chambers:

10. Intervening through resolutions or laws in matters of exclusive jurisdiction of other authorities.

11. Require the government about instructions in diplomatic matters or negotiations confidential.

12. Taking votes of approval of official acts.

13. Decree in favor of persons or entities contributions, bonuses, subsidies, allowances, pensions or other distributions that are not designed to meet claims or rights under existing law.

14. Enact acts of proscription or persecution of individuals or corporations.

15. Authorize travel abroad with funds from the treasury, except in special missions, approved by at least three-quarters of the members of the respective chamber.

Article 137 .-

Any standing committee may summon any person or entity, in special session to render oral or written statements, which may be required under oath on matters directly related to the investigations pursued by the committee. If those who have been cited and excuse for not attending the committee insist on calling them, the Constitutional Court, after listening to them, decide on the matter within ten days, in strict confidence. The reluctance of those summoned to appear or to make the required statements will be sanctioned by the committee with the penalty by the regulations for cases of contempt of the authorities. If in the course of the investigation is required for its completion, or for the prosecution of possible criminal infractions, the intervention of other authorities, as appropriate to the urge.

Chapter 2º. Meeting and Operation.

Article 138 .-

Congress, in its own right, will meet in regular session for two periods per year, constituting a single term. The first session will begin on July 20 and end on December 16, the second on March 16 and end on June 20. If for any reason no meetings on the dates indicated, they will as soon as possible, within the respective periods. Congress will also meet in extraordinary session convened by the Government and for as long as he may. In the course of which he may only look at the issues that the government submitted to it, without prejudice to the role of political control of its own, which may exercise at any time.

Article 139 .-

Congress sessions will be installed and sealed together and publicly by the President of the Republic, without this ceremony, the first event, is essential for Congress to exercise its functions legally.

Article 140 .-

Congress has its headquarters in the capital of the Republic. The chambers may by agreement between them to move their headquarters to another place and in case of disruption of public order, may meet at a site designated by the President of the Senate.

Article 141 .-

The Congress shall assemble in one body only for the installation and decommissioning of its sessions, to give possession to the President, to welcome heads of State or Government of other countries, to elect the Comptroller General of the Republic and Vice-President when replacement must be elected by the people and decide on the motion of censure under Article 135. In such cases, the President of the Senate and the House will be the President and Vice President of the Congress.

Article 142 º .-

Each House shall, for the respective constitutional term, permanent committees that will in the first reading of proposed legislation or law. The law shall determine the number of standing committees and their members as well as the materials of each of them will engage. When joint sessions Permanent Constitutional Commissions, the decisive quorum will be required for each of the committees considered individually.

Article 143 .-

The Senate and House of Representatives may decide that any of the standing committees in session during the recess, to discuss matters which have been outstanding in the previous period, to conduct studies that determine the respective corporation and preparing projects that the Chambers are responsible.

Article 144 .-

The sessions of the Chambers and their standing committees shall be public, with the limitations that may be required under its rules.

Article 145 .-

The full Congress, the Houses and their committees may not open meetings or deliberations with less than a quarter of its members. Decisions may be taken only with the assistance of the majority of the members of the respective corporation, unless the Constitution determines a different quorum.

Article 146 º .-

In the full Congress, in the Chambers and their standing committees, decisions are made by a majority vote of those present, unless the Constitution explicitly requires a special majority.

Article 147 .-

The executive committees of the chambers and their standing committees will be replaced each year for the legislative session beginning on 20 July, and no member may be reappointed within the constitutional four years.

Article 148 º .-

The rules on quorum and majority decision-making will also apply to other elective public corporations.

Article 149 .-

Any meeting of members of Congress for the purpose of exercising functions of the legislative branch of government, is held outside the constitutional conditions, be invalid for any action taken can not be given effect, and those involved in discussions will be sanctioned according to law.

Chapter 3º. Of Laws.

Article 150 º .-

Congress shall make laws. Through these exercises the following functions:

1. Interpret, amend and repeal laws.

2. Issuing codes in all areas of legislation and reform its rules.

3. To approve the national development plan and public investment to be undertaken or continued, with the identification of resources and appropriations that are authorized for implementation, and measures to promote compliance with them.

4. Define the general division of the territory under the provisions of this Constitution, setting the terms and conditions to create, delete, modify or merge local authorities and establish their jurisdiction.

5. Confer special powers to the departmental assemblies.

6. Vary, in extraordinary circumstances and for grave reasons of public convenience, the present residence of the senior national powers.

7. Determine the structure of the national administration and create, delete or merge ministries, administrative departments, superintendents, public and other national entities, stating its objectives and organizational structure, regulate the establishment and operation of the Regional Autonomous Corporations within a regime autonomy, likewise, create or authorize the establishment of industrial and commercial enterprises of the state and mixed economy companies.

8. Issue the standards to which should be held by the Government to the exercise of inspection and monitoring functions assigned to him by the Constitution.

9. Granting authorization to the Government to enter into contracts, negotiate loans and sell national resources. The government will periodically report to Congress on the exercise of these authorities.

10. Take up to six months, the President of the Republic of Colombia with specific extraordinary powers to issue decrees with the force of law when necessity or the public convenience dictate. Such powers must be expressly requested by the Government and their approval requires an absolute majority of members of both chambers. Congress may at any time and at its own initiative, amend the decrees issued by the Government in exercise of extraordinary powers. These powers can not be conferred to issue codes, laws, statutes, organic, or those provided in paragraph 20 of this article, or to levy taxes.

11. Establish national revenues and fixed costs of administration.

12. Establish tax contributions and, exceptionally, quasi-tax contributions in cases and under the conditions prescribed by law.

13. Determine the legal currency convertibility and the scope of exemptions, and regulate the system of weights and measures.

14. Approve or disapprove contracts or agreements which, for obvious reasons of national necessity, has concluded the President of the Republic, with individuals, companies or public entities, without prior authorization.

15. Decree honors citizens who have served their country.

16. Approve or reject treaties which the government makes with other States or international law bodies. Through these treaties, the state, on the basis of equality, reciprocity and national interest, may transfer certain powers to international organizations that seek to promote and consolidate economic integration with other states.

17. Grant, by a majority of two thirds of the votes of members of both chambers and for grave reasons of public convenience, general amnesties or pardons for political crimes. If the favored are exempt from civil liability for individuals, the State shall be bound to compensation as may be appropriate.

18. Promulgate rules regarding the appropriation or allocation and land development.

19. Issuing general rules, and point them the objectives and criteria which must be held by the Government for the following purposes:

a) Organize the public credit;

b) To regulate the foreign trade and international exchange regime, consistent with the functions that the Constitution assigns to the Board of the Bank of the Republic

c) change, for reasons of commercial policy, tariffs, rates and other provisions relating to customs;

d) Regulate the financial, stock market, insurance, and any other related to the management, use and investment of funds raised from the public;

e) Determining the wage and social benefits of public employees, members of Congress and law enforcement.

f) Adjust the system of minimum social benefits of public employees. These functions as relevant to social benefits may not be delegated to regional public corporations and these can not assumed.

20. Creating the administrative and technical services of the Chambers.

21. Enact laws for the economic assistance provided for in Article 334, which must specify its purpose and scope and limits on economic freedom.

22. Issuing the laws relating to the Bank of the Republic and play the roles particular to its board.

23. Enact laws governing the exercise of public functions and the provision of public services.

24. Regulating the industrial property, patents and trademarks, and other forms of intellectual property.

25. Unify the rules of traffic police in the whole territory of the Republic. Responsibility of Congress to the recruitment status of the general public and particularly the national administration.

Article 151 .-

Congress issue organic laws which shall be subject the exercise of legislative activity. Them through Congress established regulations and each of the chambers, the rules for preparation, approval and execution of the budget of revenues and appropriations bill and the overall development plan, and those concerning the allocation of regulatory powers to local authorities. Organic laws require, for approval, an absolute majority of votes of members of both chambers.

Article 152 .-

By statutory law, the Congress will regulate the following subjects: a. Fundamental rights and duties of individuals and the procedures and remedies for their protection;

b. Administration of justice;

c. Organization and governance of political parties and movements, the status of the opposition and electoral functions;

d. Institutions and mechanisms for citizen participation;

e. States of emergency.

Article 153 .-

The approval, amendment or repeal of statutory law requires an absolute majority of members of Congress and must be made within a single term. Such procedure will include the prior review by the Constitutional Court of the viability of the project. Any citizen may intervene to defend or challenge.

Article 154 .-

Laws may originate in either House nominated by their respective members, the National Government of the entities mentioned in Article 156, or by popular initiative in the cases provided for in the Constitution. However, only be issued or amended on the initiative of the Government the laws referred to in paragraphs 3, 7, 9, 11 and 22 and subparagraphs a, b and e of paragraph 19 of Article 150, the holdings in that order national incomes or transfers of the same, those which authorize contributions or by the state to industrial or commercial enterprises and those that enact exemptions from taxes, fees or national. The chambers may introduce amendments to the bills submitted by the Government. Bills relating to taxation shall begin proceedings in the House of Representatives and those relating to international relations in the Senate.

Article 155 .-

May introduce bills or constitutional reform, a number of citizens not less than five percent of the existing electoral rolls on the relevant date or thirty percent of the councilors or members of the country. The referendum will be handled by Congress, in accordance with the provisions of Article 163, for projects that have undergone emergency event. Proponents citizens have the right to designate a spokesman to be heard by the chambers at all stages of the process.

Article 156 º .-

The Constitutional Court, the Supreme Judicial Council, the Supreme Court, the State Council, the National Electoral Council, the Attorney General's Office, the Comptroller General of the Republic have the right to submit bills matters relating to their functions.

Article 157 .-

No bill will become law without the following requirements:

1. Have been officially released by Congress before being sent to the respective committee.

2. Have been approved in first reading in the appropriate standing committee of each chamber. Congressional rules determine the cases in which the first reading will be a joint session of the standing committees of both Houses.

3. Have been passed in each house in the second debate.

4. Having obtained the sanction of Government.

Article 158 º .-

All bills must refer to a single issue and are inadmissible any provisions or amendments that do not relate to it. The chairman of the appropriate committee will reject the initiatives that are not in harmony with this principle, but its decisions are appealable to the commission. The law is amended in part shall be published in a single text that incorporates the amendments passed.

Article 159 º .-

The bill that would have been rejected at first reading may be considered by the respective chamber at the request of the author, a member of it, the Government or the spokesman for the proponents in the case of popular initiative.

Article 160 º .-

Between the first and second readings shall be at intervals of less than eight days, and between the approval of the project in one chamber and the opening of debate in the other, it will take at least fifteen days. During the second reading, either chamber may introduce the draft amendments, additions and deletions deemed necessary. In the report to the full House for the second debate, the speaker must provide all the proposals that were considered by the committee and the reasons they were rejected. All Bills or legislative act must have paper report on the commission respective formalities and shall be given the corresponding course.

Article 161 .-

When differences occur in the chambers with respect to a project, each will form a committee which, gathered together, prepared the text to be submitted for final decision in the plenary of each chamber. If, after repetition of the second debate differences persist, the project is deemed denied.

Article 162 º .-

Bills that have not completed its passage through a legislature and who have received the first debate in either house, continue their course in the next, in the state where they are. No bill may be considered in more than two terms.

Article 163 º .-

The President may request the urgent passage of any bill. In this case, the respective chamber must decide the same within thirty days. Even within this period, the emergency event may be repeated at all stages of the constitutional project. If the President insists on the urgency, the project has priority in the agenda of excluding consideration of any matter until the respective chamber or committee decides on it. If the bill referred to the urgency message is to study a standing committee thereof, at the request of the Government, together with the relevant deliberations of the other chamber to give the first debate.

Article 164 º .-

The Congress will give priority to the passage of bills that approve human rights treaties which are under consideration by the Government.

Article 165 .-

A bill approved by both chambers, will the government for its approval. If this does not objections, it is enacted into law, if it objects to return it to the chamber where it originated.

Article 166 º .-

The government has a term of six days to return with objections any bill which does not include over twenty articles, ten days, when the project contains twenty-one to fifty articles, and up to twenty days when more than fifty items. Once the stipulated terms, the government has not returned the bill with objections, the President must approve and promulgate it. If the cameras go into recess in those terms, the President shall have the duty to publish the approved or objected to within those limits.

Article 167 º .-

The bill objects totally or partially by the government returned to the chambers to the second debate. The President without being able to present objections to the project, reconsidered, is approved by half plus one of members of both chambers. Exceptúese the event that the bill is challenged as unconstitutional. In such event, if the chambers insist the project will go to the Constitutional Court that she, within six days to decide on its constitutionality. The court ruling requires the President to approve the law. If declared unconstitutional, it will be tabled. If the Court finds that the project is partially unconstitutional, it shall inform the House that originated so that, after hearing the minister is, redo and integrate the affected provisions in terms consistent with the opinion of the Court. Once this is done, the Court referred to the project for final decision.

Article 168 .-

If he can not fulfill his duty to enact laws according to the terms and conditions established by the Constitution, approve and promulgate the President of Congress.

Article 169 .-

The title of the laws will correspond exactly to your content, your text will precede the formula: "The Congress of Colombia decrees"

Article 170 .-

A number of citizens equivalent to one tenth of the electorate, may apply to the electoral organization convening a referendum for the repeal of a law. The law will be repealed as determined by half plus one of voters who apply to the act of consultation, if it participates in a quarter of citizens that make up the electoral roll. Be no referendum on laws ratifying international treaties, or the Budget Law, or laws relating to tax matters or tax.

Chapter 4º. Senate.

Article 171 º .-

The Senate shall consist of one hundred members elected in the national constituency. There will be an additional two senators elected in a special national and indigenous communities. Colombian citizens staying or residing abroad may vote in elections for the Senate. The special district for the election of senators by the indigenous communities are governed by the electoral quotient system. Representatives of indigenous communities who wish to join the Senate will have occupied a position  of traditional authority in their respective communities or have been leaders of an indigenous organization, as recognized by a certificate from such organization, endorsed by Minister of Government.

Article 172 º .-

To be elected a senator must be Colombian by birth, citizenship rights and have more than thirty years of age on the date of the election.

Article 173 º .-

The powers of the Senate:

1. Accept or reject the resignation from their office by the President or the Vice President.

2. Approve or disapprove military promotions granted by the government, from generals and flag officers of the police, to the highest degree.

3. Grant approval to the President of the Republic to be temporarily relieved from office, not being the case of illness, and decide on the excuses of the Vice President to act as President of the Republic.

4. Allow foreign troops to pass through the territory of the Republic.

5. Authorize the government to declare war on another nation.

6. Election of judges of the Constitutional Court.

7. Choose the Attorney General's Office.

Article 174 º .-

The Senate will hear the charges made by the House of Representatives against the President or his substitute, against the judges of the Supreme Court, Council of State and the Constitutional Court, Supreme Council members of the Judiciary and the Attorney General's Office, although no longer in the exercise of their duties. In this case, informed of actions or omissions occurring in the performance thereof.

Article 175 º .-

In the trials to be conducted before the Senate, shall follow these rules:

1. The accused is suspended from his job, provided that an indictment is publicly admitted.

2. If the charge refers to crimes committed in the performance of duties, misconduct or indignity, the Senate may only impose the sanction of dismissal from employment, or the temporary or total loss of political rights, but the accused will be to trial before the Supreme Court, if the evidence should be responsible for an offense that deserves further punishment.

3. If the charge relates to common crimes, the Senate shall be limited to state whether or not there are to follow cause and, if so, will the accused available to the Supreme Court.

4. The Senate may make process instruction to a deputation of its members, and reserves the final trial and sentence to be pronounced in public session, by two-thirds at least of the votes of the Senators present.

Chapter 5º. House of Representatives.

Article 176 º .-

The House of Representatives shall elect a territorial districts and special districts. There will be two representatives for each territorial constituency and one for every two hundred fifty thousand inhabitants or fraction over hundred twenty-five thousand who have in excess of the first two hundred fifty thousand. For the election of representatives to the House, each department and the Capital District of Bogota will form a territorial constituency. The law may establish a special district to ensure participation in the House of Representatives of ethnic and political minorities and Colombians living abroad. For this district may choose up to five representatives.

Article 177 º .-

To be elected representative must be a citizen in good standing and be over twenty-five years of age on the date of the election.

Article 178 .-

The House of Representatives shall have the following special powers:

1. Choose the Ombudsman.

2. Review and finalize the overall budget and treasury to report the Comptroller General of the Republic.

3. Impeach before the Senate, where any constitutional cases, the President of the Republic or whoever replaces him, the judges of the Constitutional Court, judges of the Supreme Court, members of the Supreme Judicial Council to Judges of the State Council and the Attorney General's Office.

4. Hear complaints and grievances submitted to it by the Attorney General's Office or by individuals against specific officials and, if necessary, to establish in these charges before the Senate.

5. Require the assistance of other authorities for the development of research within its competence, and commission for taking evidence as it deems appropriate.

Chapter 6º. Of Congress.

Article 179 º .-

Congress may not be:

1. Those who have been convicted at any time by court of law, deprivation of liberty, except for political crimes or negligent.

2. Who exercised, as public employees, jurisdiction or political authority, civil, administrative or military, within twelve months preceding the date of the election.

3. Those who participated in business dealings with public entities, or contracts with them in their own interest or that of others, or have been legal representatives of entities that administer taxes or fiscal, within six months prior to the date of the election.

4. Those who have lost the investiture of Congress.

5. Those with ties of marriage or permanent union or kinship in the third degree of consanguinity, affinity one, or only civil servants exercising authority in civil or political.

6. Those who are connected to each other through marriage or permanent union or kinship within the third degree of consanguinity, affinity two, or in civil law, and belong to the same party, movement or group for election of officers, or members of corporations to be made public on the same date.

7. Those with dual nationality, except for Colombians by birth.

8. No one shall be elected for more than one office or public position, or to a corporation and an office, if the respective time periods overlap, even partially. The disqualifications provided in paragraphs 2, 3, 5 and 6 refer to situations that occur in the district in which the respective election to be conducted. The law shall regulate the cases of disabilities other kin, the authorities are not covered by these provisions. For the purposes of this article considers that the national electoral matches each of the land, except for the disqualification contained in section 5.

Article 180 º .-

Lawmakers may not:

1. Hold office or public or private employment.

2. Manage, on behalf of oneself or others, matters before the public or to the people who administer taxes, being empowered with them, celebrate them, by itself or through third parties, a contract. The law establishes the exceptions to this provision.

3. Be members of boards or boards of directors of decentralized entities at any level or institutions that administer taxes.

4. Contracts or making arrangements with individuals or private legal entities that administer, manage or invest public funds or are government contractors or grantees

It. The exception is the purchase of goods or services offered to citizens on an equal footing.

Paragraph 1 .- The incompatibilities exempts the exercise of university professor.

Paragraph 2 .- The officer in contravention of this section, appoint a Congressman for a job or position or hold him or accept a contract as manager acting on behalf of itself or others, shall be guilty of misconduct grounds.

Article 181 º .-

The incompatibilities of the Congress will be in effect during the constitutional period. In case of resignation, will remain during the year following its acceptance, if the time remaining to expiration of the period is higher. Whoever is called to fill the position will be subject to the same rules of disabilities and incompatibilities from their possession.

Article 182 º .-

Congressmen must inform the respective chamber situations moral or economic nature that prevents them will participate the processing of matters under consideration. The law shall determine matters related to conflicts of interests and challenges.

Article 183 º .-

Congressmen will lose his inauguration:

1. For violation of rules of disabilities and incompatibilities or the rules of conflict of interest.

2. In the absence, in the same session, six plenary meetings in which bills are voted for legislation, law or censure motions.

3. Not to take office within eight days from the date of installation of the cameras, or the date on which they were called to take office.

4. By improper of public funds.

5. For influence peddling duly recorded.

Paragraph. Reasons 2 and 3 shall not apply when "force majeure.

Article 184 º .-

The loss of the endowment will be enacted by the Council of State in accordance with law and within a period not exceeding twenty working days from the date of the request by the board of the appropriate chamber or by any citizen .

Article 185 º .-

The Congress shall be inviolable for the opinions and votes cast in the exercise of office, subject to the disciplinary rules contained in the respective regulations.

Article 186 º .-

Of the crimes committed by congressmen, a deprivation of Supreme Court the sole authority that can order his arrest. In cases of flagrante delicto must be apprehended and immediately brought the same corporation.

Article 187 .-

The assignment of members of Congress will be adjusted annually in proportion equal to the weighted average of changes in the remuneration of the central administration server, as certification for the purpose by the Comptroller General of the Republic.

TITLE VIIExecutive BranchChapter 1º. The President of the Republic.

Article 188 .-

The President symbolizes national unity and to pledge compliance with the Constitution and laws, it undertakes to guarantee the rights and freedoms of all Colombians.

Article 189 .-

The President of the Republic as Head of State, Head of Government and Supreme Administrative Authority:

19. Freely appoint and dismiss Cabinet ministers and directors of administrative departments.

20. Leading international relations. Appoint diplomatic and consular agents, receiving the respective agents and celebrate with other States and entities of international law treaties or agreements shall be subject to congressional approval.

21. Directing the police and have her as Supreme Commander of the Armed Forces of the Republic.

22. Store in the whole law and order and restore it where it has been disturbed.

23. Directing military operations when it deems appropriate.

24. Provide external security of the Republic, defend the independence and honor of the nation and the inviolability of the territory to declare war with the approval of the Senate, or without such authorization to repel foreign aggression, and to agree and ratify treaties peace, all of which give immediate notice to Congress.

25. Allow, in recess of the Senate, after consulting the State Council, the transit of foreign troops through the territory of the Republic.

26. And adjourn the session of Congress in each term.

27. Enforcement of laws.

28. Enact the laws, obey and ensure their strict compliance.

29. Exercise statutory authority by issuing decrees, resolutions and orders necessary for law enforcement fulfilled.

30. Submit a report to Congress at the beginning of each term, on the administration's actions on the implementation of plans and programs of economic and social development, and the projects that the Government intends to advance during the term of the new legislature.

31. Appoint the chairmen, directors or managers of public enterprises and the people who occupy national provision which is not competitive or not applicable to other officials or corporations, under the Constitution or the law. In any case, the Government has the power to appoint and remove freely to their agents.

32. Create, merge or dissolve, according to law, the positions required by the central administration, special functions and fix their salaries and emoluments. The government may not create, under the Treasury obligations that exceed the total amount allocated to the respective service in the initial appropriations bill.

33. Delete or merge entities or national administrative bodies in accordance with the law.

34. Modify the structure of ministries, administrative departments and other national institutions or administrative bodies, subject to general principles and rules defined by the law.

35. Distribute according to its nature, between ministries, administrative departments and public institutions.

36. Grant permission to the national public employees, upon request, to accept a temporary basis, fees or grants from foreign governments.

37. Confer degrees to members of the security forces and submit for Senate approval that apply in accordance with Article 173.

38. Ensure strict collection and administration of public revenues and their investment and order in accordance with the law.

39. Inspect and supervise education in accordance with the law.

40. Inspect and supervise the provision of public services.

41. Sign contracts that apply to you subject to the Constitution and the law.

42. Exercise, in compliance with the law, inspection, monitoring and control over the persons engaged in financial, securities, insurance, and any other related to the management, use or investment of resources collected from the public. Also on cooperative organizations and corporations.

43. Organize Public Credit, recognize and fix the national debt service, to modify fees, charges and other provisions related to customs, to regulate foreign trade, and exercise intervention in the financial, stock market, insurance and other related management, and investment of funds from the savings of others in accordance with the law.

44. Inspect and supervise institutions of public utility so that their income is protected and be properly applied and that in all essentials is done with the intention of the founders.

45. Patent granted temporary rights to authors of inventions and useful improvements in accordance with the law.

46. Issue naturalization, according to law.

Article 190 .-

The President is elected for a term of four years, half plus one of votes, by secret and direct deposit at the time citizens and with the formalities prescribed by law. If no candidate obtains such a majority, will hold a new election to be held three weeks later, which involved only the two candidates who received the most votes. Will be declared President gets the most votes. In case of death or permanent disability of one of the two candidates with the most votes, his party or political movement may enter a new candidate for the second round. If it does or if the lack is due to another cause, will replace him who has obtained the third round and so in succession and in descending order. If the vacancy occur less than two weeks before the second round, it will be postponed for a fortnight.

Article 191 º .-

To be President of the Republic must be Colombian by birth, citizenship rights and more than thirty years.

Article 192 .-

The President will take up his office before the Congress and sworn in these terms: "I swear to God and promise to the people to obey the Constitution and laws of Colombia." If for any reason the President is unable to take possession before Congress, will the Supreme Court of Justice or, failing that, before two witnesses.

Article 193 º .-

The Senate will grant approval to the President of the Republic to be temporarily relieved of office. Because of illness, the President can stop doing the job, as long as necessary, by notice to the Senate or, in this recess, the Supreme Court.

Article 194 º .-

Vacancy in the President's death, accepted his resignation, removal from office by the ruling, the permanent physical incapacity and abandonment of office, declared the latter two by the Senate. Are temporary absence and sickness leave in accordance with the preceding article and the suspension in the performance of duties ordered by the Senate, after public admission of the charge as provided in paragraph one of Article 175.

Article 195 º .-

The Executive Manager shall have the same privileges and the same powers as the President, which sometimes does.

Article 196 º .-

The President, or his substitute, may not travel abroad during the exercise of their office without prior notice to the Senate or, in the recess of the latter, the Supreme Court. Violation of this provision implies abandonment of office. The President of the Republic, or who has served as President by way of charge, you can not leave the country within the year following the date on which it ceased in the exercise of its functions, without prior permission of the Senate. When the President of the Republic travels abroad as part of his office, the Minister to whom it may concern, according to legal precedence, at your own risk exercise the constitutional functions delegated by the President, both those which are peculiar as exercised in his capacity as head of government. The delegated minister belong to the same party or political movement of President.

Article 197 º .-

May not be elected President of the Republic the citizen who in any capacity have held the presidency. This prohibition does not cover the Vice President when he has served for less than three months, continuously or intermittently, during the term. Neither can be elected President of the Republic who is guilty of any of the grounds of disqualification in paragraphs 1, 4 and 7 of Article 179, neither the citizen a year before the election has exercised any of the following charges: Judge the Supreme Court or the Constitutional Court, Minister of State or member of the National Electoral Council, or the Supreme Judicial Council, Cabinet Ministers, Attorney General's Office, Ombudsman, Comptroller General of the Republic Attorney General's Office, Civil Status National Registrar, Director of Administrative Department, Department Governor or Mayor of Santa Fe de Bogotá.

Article 198 º .-

The President of the Republic or whoever replaces him will be responsible for their acts or omissions that violate the Constitution or laws.

Article 199 º .-

The President of the Republic, during the period for which elected, or whoever is in charge of the Presidency may not be prosecuted or tried for crimes, but under indictment by the House of Representatives and when the Senate has declared that there are grounds for legal action.

Chapter 2º. The Government.

Article 200 .-

It is for the Government in relation to the Congress:

16. For the formation of laws, presenting projects through Ministers, to exercise its goals and fulfill the duty to punish them under the Constitution.

17. Convene extraordinary sessions.

18. Presenting the national development plan and public investment, as provided in Article 150.

19. Send to the House of Representatives proposed budget revenues and expenditures.

20. Pay to the cameras they request reports on demand businesses that do not reserve.

21. Effectively support the cameras when they so request, by providing law enforcement, if necessary.

Article 201 .-

It is for the Government in connection with the Judicial Branch:

26. Providing the judiciary, in accordance with the laws, the assistance necessary to enforce its provisions.

27. Grant pardons for political crimes under the law, and report to Congress on the exercise of this power. In any case, these pardons may include having responsibility for the disadvantaged individuals.

Chapter 3 º. Vice-Chair.

Article 202 º .-

The Vice President shall be elected by popular vote the same day and in the same manner as the President of the Republic. Candidates for the second ballot, if any, should be in every those who participated in the first. The Vice President shall have the same period the President and replace him in temporarily or permanently absent, even if they arise before his inauguration. In the temporary absence of the President sufficient that the Vice President takes office at the earliest opportunity so that you can exercise it whenever necessary. In case of absence of the President, the Vice President will assume office until the end of the period. The President may delegate to the vice president and special missions or appoint any responsibility of the executive branch. The Vice President may not assume functions delegated minister.

Article 203 º .-

In the absence of the Vice-President when the President was exercising, it will be assumed by a Minister in the order established by law. The person under this article as Chairperson, belong to the same party or movement and act as chairman until the Congress, in its own right, within thirty days from the date of presidential vacancy occurs, choose Vice President who shall take office as President of the Republic.

Article 204 º .-

To be elected Vice President require the same qualifications to be President of the Republic. The Vice President may not be elected President or Vice President for the period immediately following.

Article 205 º .-

In case of absence of the Vice-President, the Congress will meet in their own right or by invitation of the President of the Republic, to choose who is to replace it for the rest of the period. Vacancy in the Vice President: his death, his resignation accepted and permanent disability recognized by Congress.

Chapter 4 º. Ministers and directors of administrative departments.

Article 206 º .-

The number, designation and order of precedence of the ministries and administrative departments will be determined by law.

Article 207 º .-

To be a minister or head of administrative department requires the same qualities as for a representative to the House.

Article 208 º .-

The ministers and heads of administrative departments are the heads of administration in their respective departments. Under the direction of the President of the Republic, their responsibility to formulate policies pertaining to their office, direct the administrative and enforce the law. The ministers, in conjunction with Congress, are mouthpieces of the government, the cameras have bills, respond to the requests that those they do and take part in debates directly or through the deputy ministers. The ministers and heads of administrative departments will present to Congress within the first fifteen days of each term, report on the state of affairs assigned to his ministry or government department, and the reforms they deem appropriate.

The cameras may require the attendance of ministers. The standing committees also the deputy ministers, directors of administrative departments, the Manager of the Bank of the Republic, presidents, directors or managers of the decentralized entities at the national and the other officials of the executive branch of public power .

Chapter 5º. Administrative Function.

Article 209 º .-

The administrative function is to serve the general interests and develops based on the principles of equality, morality, efficiency, economy, speed, impartiality and publicity through decentralization, delegation and devolution of functions. The administrative authorities must coordinate their actions for the proper implementation of the goals of the State. Public administration at all levels, will have an internal control to be exercised in the manner provided by law.

Article 210 º .-

The entities of the decentralized national services can only be created by law or by consent of the latter, based on the guiding principles of administrative activity. Individuals may perform administrative functions under the conditions stipulated by law. The law establishes the legal regime of the decentralized entities and the responsibilities of their chairmen, directors or managers.

Article 211 º .-

The law shall specify the functions that the President may delegate to the ministers, heads of administrative departments, decentralized legal representatives, superintendents, governors, mayors and state agencies that the law determines. Also, determine the conditions under which the administrative authorities may delegate to his subordinates or other officials. The delegation disclaims delegating responsibility, which rests solely with the delegatee, whose actions or decisions may always be amended or revoked by him, resuming the consequent responsibility. The law establishes the resources that are available against the acts of the proxies.

Chapter 6º. States of Emergency.

Article 212 º .-

The President of the Republic, signed by all ministers, may declare a state of foreign war. Upon such a declaration, the government will have the powers strictly necessary to repel the aggression, defend the sovereignty, meet the requirements of the war and to reestablish normal. The declaration of state of foreign war will only proceed once the Senate has approved the declaration of war, unless the Chairman considers necessary to repel the aggression. While the state of war, Congress will meet their full constitutional and legal powers, and the government will report regularly on reasoned that issued decrees and developments.

The legislative decrees issued by the government suspend laws incompatible with the state of war, force during the time that they have brought and will be declared effective as soon restored to normal. Congress may at any time, amend or repeal by the affirmative vote of two thirds of the members of each chamber.

Article 213 .-

In case of serious disturbance of public order that imminently threatens institutional stability, state security, or the life of society, and can not be averted by using the ordinary powers of the police authorities, the President of Republic, signed by all ministers, may declare a state of internal disturbance throughout the Republic or any part thereof for a period no longer than ninety days, extendable for two periods, the second of which requires the prior approval of the Senate of the Republic. Upon such a declaration, the government will have the powers strictly necessary to deal with the causes of the disturbance and prevent the spread of its effects.

Legislative decrees issued by the government may suspend laws incompatible with the State of Emergency and longer in effect as soon as the public order was restored. The Government may extend the duration up to ninety days. Within three days of the declaration or extension of the State of  Emergency, the Congress will meet in their own right, with the fullness of its constitutional and legal. The President will immediately provide a reasoned report on the reasons that led to the declaration. In no case may civilians be investigated or tried by military courts.

Article 214 º .-

The states of exception referred to above items are subject to the following provisions:

5. Legislative decrees shall be signed by the President and all his ministers and may refer only to matters that have directly and specifically with the situation which determined the declaration of a state of emergency.

6. Not be suspended human rights and fundamental freedoms. In any case respect the rules of international humanitarian law. A statute will regulate the powers of government during a state of emergency and establish the legal controls and safeguards to protect the rights, under international treaties. The measures taken should be proportionate to the seriousness of the facts.

7. Do not interrupt the normal functioning of the branches of government or state bodies.

8. As soon as they have stopped the war abroad and the causes that led to the State of Emergency, the Government shall restore public order and lift the state of emergency.

9. The President and the ministers are responsible when they declare states of emergency without the cases have occurred in foreign war or internal disturbance, and they will also, like other officials, for any abuse they have committed in the exercise of the powers referred to previous articles.

10. The Government sent to the Constitutional Court the day after their issue legislative decrees issued in exercise of the powers referred to previous articles, so that finally decides on its constitutionality. If the government fails to fulfill its obligation to transmit, apprehend the Constitutional Court will automatically and immediately his knowledge.

Article 215 º .-

Upon the occurrence of events other than those provided for in Articles 212 and 213 that cause, or threaten to disrupt in a serious and imminent economic, social and ecological country, or which constitute a grave public calamity, the President may, with the signing of all Ministers, declare a state of emergency for periods up to thirty days each, which together may not exceed ninety days in the calendar year. Upon such a declaration, which must be justified, the President may, with the signature of all ministers, issue decrees with the force of law, directed exclusively to averting the crisis and to prevent the spread of its effects.

These decrees must relate to matters that have direct and specific relationship with the state of emergency and may, on a temporary basis, to establish new or modify existing taxes. In the latter cases, the measures will be in force at the end of the next fiscal year, except that Congress, in the following year, gives them permanent. The Government, the decree declaring a state of emergency, bring the term within which will make use of extraordinary powers in this article, and convene the Congress, if it is not in session, for ten days following the expiration of the term.

The Congress will examine for a period of thirty days, extendable by agreement of both houses, the report reasoned that this government on the causes that determined the state of emergency and the measures taken, and will issue a statement on the appropriateness and timeliness of them. Congress, during the year following the declaration of emergency, repeal, modify or amend the decrees referred to in this article, in those matters that ordinarily fall under the Government. In connection with those which fall under its jurisdiction, the Congress may exercise these powers at all times. Congress, if it is not convened, will meet its own right, under conditions and for the purposes provided in this article.

The President and the ministers are responsible when they declare a state of emergency without being shown any of the circumstances provided in paragraph one, and they will also any abuse in the exercise of the powers that the Constitution gives the Government during emergency. The government may not infringe the social rights of workers through the decrees mentioned in this article. Paragraph .- The Government sent to the Constitutional Court the day after its issue legislative decrees issued in exercise of the powers referred to in this article, so that a decision on its constitutionality. If the government fails to fulfill its obligation to transmit, apprehend the Constitutional Court will automatically and immediately his knowledge.

Chapter 7. Public Force.

ARTICLE 216 .-

The security forces will be made exclusively by the Armed Forces and National Police. All Colombians are forced to take up arms when the public needs require it to defend national independence and public institutions. The law shall determine the conditions at all times exempt from military service and benefits for service thereof.

Article 217 º .-

The Nation will have to defend permanent military forces consisting of the Army, Navy and Air Force. The Armed Forces have as their primary objective the protection of the sovereignty, independence, national territorial integrity and constitutional order. The law shall determine the system of replacements in the armed forces as well as promotions, rights and obligations of its members and the special regime of career benefits and disciplinary, that is theirs.

Article 218 º .-

The law organizes the body of Police. The National Police is a permanent armed body of a civilian nature, in charge of the Nation, whose main purpose is to maintain the conditions necessary for the exercise of rights and public freedoms, and to ensure that the people of Colombia live in peace. The law determines the regime of career benefits and disciplinary.

Art1culo 219 º .-

The Public Force is not deliberative can not assemble except by order of lawful authority, or direct requests, except on matters that relate to the service and the morale of the respective body under the law. The members of the security forces can not exercise the function of the vote while on active duty, or be involved in activities or discussions of political parties or movements.

Article 220 º .-

The members of the security forces can not be deprived of his degrees, honors and pensions, but in the cases and manner determined by law

Article 221 º .-

Of the crimes committed by members of the Armed Forces on active duty, and in relation to the service, they will court-martial or military tribunals, according to the requirements of the Military Penal Code. Tale courts or tribunals shall consist of members of the Armed Forces on active duty or retired. Amended by Legislative Act 02 of 1995 (December 1921), by which is added to Article 221 of the Constitution, in relation to the integration of courts or military tribunals.

Article 222 º .-

The law determines the system of professional, cultural and social development of members of the security forces. In the early stages of his training, he taught the fundamentals of democracy and human rights.

Article 223 º .-

Only the government can introduce and manufacture weapons, ammunition and explosives. No one may own or carry without permission of the competent authority. This permit may not extend to cases of attendance at political meetings, elections, or public sessions or meetings, whether to act on them, or to witness them. Members of the national security agencies and other official armed bodies, permanent, established or authorized by law, may bear arms under government control, in accordance  with the principles and procedures that point.

Chapter 8º. International Relations.

Article 224 º .-

The treaty, to be valid, must be approved by Congress. However, the President of the Republic may give provisional treaty agreed economic and trade agreements in the field of international agencies that they have. In this case as soon as a treaty enters into force provisionally, should be sent to Congress for approval. If Congress does not approve, he will suspend the treaty.

Article 225 º .-

The External Relations Advisory Committee, whose composition will be determined by law, is an advisory body to the President of the Republic.

Article 226 º .-

The State shall promote the internationalization of political, economic, social and ecological basis of equality, reciprocity and national interest.

Article 227 º .-

The State shall promote the economic, social and political integration with other nations and especially with the countries of Latin America and the Caribbean through the conclusion of treaties on the basis of fairness, equality and reciprocity, to create supranational bodies, even to form a community Latin American nations. The law may establish direct elections for the constitution of the Andean Parliament and the Latin American Parliament.

TITLE VIIIJudicial BranchChapter 1º. General Provisions.

Article 228 º .-

The Administration of Justice is a public function. Its decisions are independent. The proceedings will be public and permanent with the exceptions established by law and substantive law will prevail them. The limits will be observed with care and its breach will be punished. Its operation will be decentralized and autonomous.

Article 229 º .-

The right of everyone to access the administration of justice. The law shall specify in which cases may be done without attorney representation.

Article 230 º .-

The judges in their decisions, are subject to the rule of law. Equity, law, general principles of law and doctrine are auxiliary criteria of judicial activity.

Article 231 º .-

The judges of the Supreme Court and the State Council shall be appointed by the appropriate body from lists submitted by the Supreme Judicial Council.

Article 232 º .-

To be a Judge of the Constitutional Court, the Supreme Court and Council of State is required:

47. Be Colombian by birth and citizen.

48. Be a lawyer.

49. Not have been convicted by a court sentence to deprivation of liberty, except for political crimes or negligent.

50. Have played for ten years, positions in the Judiciary or the Public Ministry, or to have exercised honorably for the same time, the legal profession, or university professor in the legal disciplines in officially recognized.

Paragraph .- To be a judge of these not necessary to be a judicial career.

Article 233 º .-

The judges of the Constitutional Court, the Supreme Court and the State Council shall be elected for a period of eight years may not be elected and remain in the exercise of their offices during good behavior, satisfactory performance and no have reached the age of mandatory retirement.

Chapter 2 º. Of ordinary jurisdiction.

Article 234 º .-

The Supreme Court is the highest court of general jurisdiction and shall consist of an uneven number of judges determined by law. This divided the Court in chambers, shall bring to each of them should be aware of the issues separately, and determine those to be involved the full Court.

Article 235 º .-

The powers of the Supreme Court:

22. Act as a court of appeal.

23. Judging the President of the Republic or whoever replaces him and the senior officials covered by Article 174 for any offense they are charged, under Article 175 paragraphs 2 and 3.

24. Investigate and prosecute members of Congress.

25. Judge, following charges brought by the Attorney General's Office, to Cabinet ministers, the Attorney General, the Ombudsman, or agents of the Attorney General before the Court, to the Council of State and the Courts, to the Directors of Administrative Departments, the Comptroller General of the Republic, the ambassadors and heads of diplomatic or consular mission, the Governors, the Magistrates Courts and the generals and admirals of the public force for the offenses charged against them.

26. Know all the contentious issues of diplomats accredited to the Government of the Nation, as provided by international law.

27. Its own regulations.

28. The other powers stipulated by law.

Paragraph .- When the officials mentioned above have ceased to exercise his office, the courts will only stay for punishable offenses as they relate to the functions performed.

Chapter 3 º. In the Court of Administrative Law.

Article 236 º .-

The State Council will have an uneven number of judges determined by law. The Council is divided into chambers and sections to separate the judicial functions of others assigned to the Constitution and the law. The law shall specify the functions of each of the rooms and sections, the number of judges included and internal organization.

Article 237 º .-

The functions of the Council of State

28. Perform the functions of the supreme court of administrative litigation in accordance with the rules stipulated by the law.

29. Hear actions for annulment of unconstitutional decrees issued by the Government, whose jurisdiction does not correspond to the Constitutional Court.

30. Acting as the supreme consultative body of the Government in matters of administration, must necessarily be heard in all cases that the Constitution and the law prescribes. In the case of transit of foreign troops across the country, station or transit of foreign vessels or aircraft of war in the waters or territory or airspace of the nation, the government must first hear the State Council.

31. Prepare and present proposals amending the Constitution and draft laws.

32. Hear cases on loss of investiture of Congress, in accordance with this Constitution and the law.

33. Its own regulations and exercise such other functions as prescribed by law.

Article 238 º .-

The jurisdiction of administrative litigation may temporarily suspend, for the reasons and the requirements established by law, the effects of administrative acts are subject to challenge by judicial review.

Chapter 4º. Constitutional Jurisdiction.

Article 239 º .-

The Constitutional Court has the odd number of members determined by law. Their integration will be met the criteria for appointment of judges belonging to various fields of law. The judges of the Constitutional Court shall be elected by the Senate for individual periods of eight years, from lists submitted by the President of the Republic, the Supreme Court and the State Council. The judges of the Constitutional Court may not be reelected.

Article 240 º .-

May not be elected judges of the Constitutional Court who, during the year preceding the election have served as cabinet ministers or judges of the Supreme Court or the Council of State.

Article 241 º .-

The Constitutional Court is entrusted with safeguarding the integrity and supremacy of the Constitution, in the strict and precise terms of this article. To this end, perform the following functions:

11. Decide on the petitions of unconstitutionality brought by citizens against acts amending the Constitution, whatever its origin, only procedural flaws in their training.

12. Decide, before the popular pronouncement on the constitutionality of the call for a referendum or a constituent assembly to amend the Constitution, only procedural flaws in their training.

13. Decide on the constitutionality of referendums on laws and referendums and plebiscites of national order. Latter only by procedural flaws in its announcement and implementation.

14. Decide on the petitions of unconstitutionality brought by citizens against the laws, both for their substantive content as procedural defects in its formation.

15. Decide on the petitions of unconstitutionality brought by citizens against the decrees with the force of law issued by the Government based on article 150, paragraph 10 and 341 of the Constitution, for their substantive content or procedural defects in its formation.

16. Decide on the exceptions provided for in Article 137 of the Constitution.

17. Final decision on the constitutionality of the legislative decrees issued by the government based on Articles 212, 213 and 215 of the Constitution.

18. Final decision on the constitutionality of bills that have been challenged by the government as unconstitutional, and the proposed statutory bills, both for their substantive content as procedural defects in its formation.

19. Review, in the manner prescribed by law, court decisions related to the application for protection of constitutional rights.

20. Final decision on the constitutionality of international treaties and laws approving. To this end, the government will submit to the Court, within six days after the enactment of the law. Any citizen may intervene to defend or challenge its constitutionality. If the Court declares the Constitution, the government may engage in an exchange of letters, otherwise they will not be ratified. When one or several provisions of a multilateral treaty are declared invalid by the Constitutional Court, the President of the Republic may ratify only making the appropriate reservation.

21. Its own regulations. Paragraph .- When the Court finds correctable procedural defects in the formation of the act subject to its control, ordered returned to the authority that handed down to, if possible, amend the defect. The error is corrected, proceed to decide on the constitutionality of the act.

Article 242 º .-

Processes instituted before the Constitutional Court on the matters referred to in this title shall be regulated by law according to the following provisions: 8. Any citizen may exercise public actions provided in the preceding article, and act as challenger or defender of the standards under control in processes promoted by others, as well as those for which there is no public action.

9. The Attorney General's Office should intervene in all processes.

10. Actions on procedural lapse after one year from the publication of the respective act.

11. Ordinarily, the Court will have sixty days to decide, and the Attorney General's Office, thirty to yield concept.

12. In the procedures referred to in paragraph 7 of the previous article, the ordinary terms are reduced to a third party and their non-compliance is grounds for misconduct to be sanctioned according to law.

Article 243 º.

The decision by the Court in exercise of judicial review are constitutional res judicata. No authority may reproduce the material content of the act declared unconstitutional on substantive grounds, as they exist in the Charter provisions that served to make the comparison between the ordinary rule and the Constitution.

Article 244 º .-

The Constitutional Court shall inform the President or the President of Congress, as appropriate, initiation of any process intended to review the constitutionality of rules adopted by them. This notification will not alter the terms of the process.

Article 245 º .-

The government may not provide employment to the judges of the Constitutional Court during the course of their duties or within one year following their retirement.

Chapter 5º. Of special courts.

Article 246 º .-

The authorities of indigenous peoples may exercise jurisdictional functions within their territory in accordance with its own rules and procedures, provided they are not contrary to the Constitution and laws of the Republic. The law establishes the forms of coordination of this special jurisdiction with the national judicial system.

Article 247 º .-

The law may create magistrates charged with resolving conflicts in individual and community equity. You can also order the popularly elected.

Article 248 º .-

Only the sentences handed down in court definitively have the quality of convictions and misdemeanors in all lawful orders.

Chapter 6º. The Attorney General's Office.

Article 249 º .-

The Attorney General's Office will be made by the Attorney General, prosecutors and other officials specified by law. The Attorney General's Office will be elected for a period of four years by the Supreme Court from a list submitted by the President and can not be reelected. Must meet the same qualifications required for a judge of the Supreme Court. The Attorney General's Office is part of the judicial branch and administrative and budgetary autonomy.

Article 250 º .-

Corresponds to the Attorney General's Office, ex officio or following an accusation or complaint, investigate crimes and prosecute the alleged perpetrators before the competent courts. With the exception of crimes committed by members of the Armed Forces on active duty in connection with that service. To this end, the Attorney General's Office should:

5. Ensure the appearance of suspected criminal offenders, adopting security measures. Also, if it were the case, take the necessary measures to give effect to the restoration of law and compensation for damages caused by the crime.

6. Rate and state precluded the investigation.

7. Direct and coordinate the functions of judicial police permanently by the national police and other bodies established by law.

8. Ensure the protection of victims, witnesses and others involved in the process.

9. Perform such other functions as specified by law. The Attorney General's Office and their deputies have jurisdiction throughout the national territory. The Attorney General's Office is obligated to investigate both the favorable and unfavorable to the accused and to respect their fundamental rights and procedural safeguards that person.

Article 251 º .-

The special functions of the Attorney General's Office:

6. Investigate and prosecute, if any, to senior officials who enjoy constitutional immunity, except as provided in the Constitution.

7. Appoint and remove, in accordance with the law, employees under his authority.

8. Participate in the design of state policy in criminal and present bills to the subject.

9. Grant temporary powers to public authorities to carry out functions of judicial police, under the responsibility and functional dependence of the Attorney General's Office.

10. Provide the Government with information on investigations that are underway, when necessary for the preservation of public order.

Article 252 º .-

Even during states of exception covered by the Constitution in Articles 212 and 213, the Government may not suppress, or alter the form or the basic functions of indictment and trial.

Article 253 º .-

The law shall determine matters relating to the structure and functioning of the Attorney General's Office regarding entry and retirement from service, the disqualification and conflict, name, qualifications, compensation, benefits and discipline of officers and employees of their dependency.

Chapter 7º. The Supreme Judicial Council.

Article 254 º .-

The Supreme Judicial Council is divided into two chambers:

9. The Administrative Chamber, composed of six judges elected for a period of eight years, as follows: two by the Supreme Court, one by the Constitutional Court and three by the Council of State.

10. The Disciplinary Tribunal, composed of seven judges elected for a period of eight years by the National Congress from lists submitted by the Government. There may be Sectional Judicature Councils established as stipulated by law.

Article 255 º .-

To become a member of the Supreme Judicial Council must be Colombian by birth, citizenship rights and more than thirty-five years have a law degree and have practiced for ten years with good credit. Council members may not be chosen from among judges of the same petitioning.

Article 256 º .-

The High Council of the Judiciary or the sectional councils, as appropriate and according to law, the following powers:

5. Manage the judiciary.

6. Draw up lists of candidates for appointment of judicial officers and sent to the entity that should do it. The exception is the military criminal jurisdiction is governed by special rules.

7. Examine the conduct and sanction misconduct of officials of the judiciary and the lawyers in the exercise of their profession in the cases stipulated by law.

8. Supervise the performance of judicial bodies and offices.

9. Prepare the draft budget of the judicial branch to be forwarded to the government and implement in accordance with the approval of Congress.

10. Resolve jurisdictional conflicts arising between different jurisdictions.

11. Other matters stipulated by law.

Article 257 º .-

Subject to law, the Supreme Judicial Council shall have the following functions:

6. Determine the division of territory for legal purposes and to locate and redistribute judicial offices.

7. Create, delete, merge and transfer responsibilities in the administration of justice. In exercising this authority, the Supreme Judicial Council can not establish the responsibility of Treasury obligations that exceed the total amount allocated to the respective service in the initial appropriations bill.

8. Make regulations necessary for the effective functioning of the administration of justice, related to the organization and internal functions assigned to the different positions and the regulation of judicial proceedings and administrative measures taken in judicial offices, in areas not covered by the legislature.

9. Proposing draft laws concerning the administration of justice and substantive and procedural codes.

10. Other matters stipulated by law.

TITLE IX
Elections and Electoral OrganizationChapter 1. Suffrage and Elections.

Article 258 º .-

Voting is a right and a civic duty. In every election the people vote secretly in individual booths installed in each polling station, electoral cards numbered and printed on paper that offers security, which will be officially released. The electoral organization provided equally to all voters on which should appear clearly identified under the same conditions for all candidates. The law may establish voting mechanisms that provide more and better guarantees for the free exercise of this right of citizens.

Article 259 º .-

Those who choose governors and mayors, elected mandate imposed by the program submitted to register as a candidate. The law shall regulate the exercise of the voting program.

Article 260 º .-

Citizens directly elect the President and Vice-President, senators, representatives, governors, deputies, mayors, municipal and district councilors, members of local boards, and in due course, members of the Constituent Assembly and other authorities or officers which the Constitution designates.

Article 261 º .-

The permanent or temporary incapacity shall be filled by candidates in order of registration in successive and descending, fall within the same electoral list. Vacancy in addition to those established by law, which are caused by: death motivated the resignation accepted by the plenary of the respective corporation, the loss of the endowment, or permanent physical disability and firm conviction handed down by competent judicial authority. Temporary absences are those caused by: the suspension of the exercise of popular investiture, by firm judicial decision, the unpaid leave, disability leave medically certified official domestic calamity and duly proven force majeure. The unpaid leave shall not be less than three (3) months. The cases of incapacity, domestic calamity and unpaid leave must be approved by the respective board of the corporation.

Paragraph 1 .- The disqualifications and incompatibilities in the Constitution and laws, shall extend equally to those who assume the roles of temporary absence during the time of their attendance.

Paragraph 2 .- vacancies for misconduct by members of Congress shall be filled by the unsuccessful candidates in the order of entry in the list. Added by Article 2 of the Legislative Act No. 3 of 1993 (December 1916), "which are added by sections 134 and 261 of the Constitution of Colombia.

Article 262 º .-

The election of President and Vice President may not coincide with an election. The will of Congress in the election date separate from departmental and municipal authorities.

Article 263 º .-

To ensure proportional representation of parties, when they vote for two or more individuals in a popular election or a public corporation, it will use the electoral quotient system. The ratio is the number obtained by dividing the total valid votes and seats to be filled. The allocation of seats to each list shall be made in the number of times that the quotient fits into the respective number

Of valid votes. If any remaining seats to be filled, shall be awarded to the biggest waste in descending order.

Chapter 2º. Election Authorities.

Article 264 º .-

The National Electoral Council shall consist of the number of members determined by law, must be not less than seven. Be elected for a term of four years, from lists drawn up by parties and political movements with law. The Council must reflect the political composition of Congress. Members must possess the qualifications required by the Constitution for judges of the Supreme Court and not be reelected.

Article 265 º .-

The National Electoral Council shall, in accordance with the law, the following special powers:

51. Perform the final inspection and monitoring of the electoral organization.

52. Elect and remove the National Registrar of Civil Status.

53. To study and decide the appeals filed against decisions of its delegates in general scrutiny in such cases to declare the election and issue credentials.

54. Serve as an advisory body of the Government in its jurisdiction, submit draft legislation and law, and recommend draft decree.

55. Ensure compliance with the rules on political parties and movements and the provisions on advertising and political opinion polls, for the rights of the opposition and minorities, and the development of electoral processes under conditions of full security.

56. Distribute the contributions to finance election campaigns and to ensure the right of political participation of citizens, stipulated by law.

57. Make the general ballot for all national vote, to declare the election and issue credentials as appropriate.

58. Recognize the legal status of parties and political movements.

59. Regulate the participation of political parties and movements flooring media of the state.

60. Collaborate to carry out internal consultations of the parties and movements for the selection of candidates.

61. Its own regulations.

62. The other functions conferred by law.

Article 266 º .-

The National Registrar of Civil Status shall be elected by the National Electoral Council for a period of five years and must meet the same qualifications required by the Constitution for judges of the Supreme Court. It may not be re-elected and shall act as specified by law, including the direction and organization of elections, civil registration and identification of individuals as well as enter into contracts on behalf of the Nation, in cases that have

TITLE XControl of OrganizationsChapter 1º. The Comptroller General of the Republic.

Article 267 º .-

Fiscal control is a public function exercised by the Comptroller General's Office, which oversees the fiscal management of the administration and of individuals or entities that manage funds or assets of the nation. This control is exercised in a subsequent and selective according to the procedures, systems and principles established by law. This may, however, authorize in special cases, surveillance is conducted by private companies chosen by public competition Colombian merit and contracted according to the concept of the State Council.

Monitoring the fiscal management of the State includes the exercise of financial control, management and results, based on the efficiency, economy, equity and the valuation of environmental costs. In exceptional cases stipulated by law, the comptroller may exercise further control over the accounts of any territorial entity. The Comptroller is a technical institution with administrative and budgetary autonomy. You will not have administrative functions other than those inherent in their own organization. The Controller shall be elected by the full Congress in the first month of its session for a period equal to the President from a list made by candidates presented to the ratio of one by the Constitutional Court, the Supreme Court and Council of State, and may not be reelected for the term immediately or continue in the exercise of its functions to maturity.

Property who have been working in this office shall not hold any other public national agenda, except for teaching, or aspire to positions of popular election until one year after leaving the service. Only Congress may accept the resignation of the Controller and elect a permanent office; temporary vacancies will be filled by the Council of State. To be elected Comptroller General of the Republic must be Colombian by birth and citizenship, have over 35 years of age have a university degree, or have been university professor for a period of not less than five years, and accrediting Additional qualities required by law.

May not be elected Comptroller General of the Republic who is or was a member of Congress or held public office at the national level, except for teaching, in the year immediately preceding the election. Nor may anyone who has been sentenced to imprisonment for ordinary crimes. In any case, may intervene in the nomination or election of the Comptroller individuals within the fourth degree of consanguinity, affinity two civil or legal first for candidates.

Article 268 º .-

The Comptroller General of the Republic shall have the following powers:

63. Prescribe the methods and how to account those responsible for the handling of funds or assets of the nation and state financial evaluation criteria, operational and that must be followed.

64. Review and close the accounts to be kept by responsible for the treasury and to determine the efficiency, effectiveness and economy with which they worked.

65. Keep a record of the public debt of the Nation and local authorities.

66. Require reports on fiscal management to government employees of any order and any person or public or private entity that administers the funds or assets of the nation.

67. Establish liability resulting from the fiscal, impose financial penalties to be the case, raising the amount and exercise compulsory jurisdiction on the amounts deducted from it.

68. Plan for quality and efficiency of internal fiscal control entities and state agencies.

69. Submit to Congress an annual report on the status of natural resources and environment.

70. Promote to the competent authorities, providing the respective tests, criminal or disciplinary investigations against those who caused harm to the interests of the State. The Comptroller, under its responsibility, may require facts and in good faith, the immediate suspension of officials until culminating respective investigations or criminal or disciplinary proceedings.

71. Introduce bills concerning the system of fiscal control and the organization and functioning of the Comptroller General.

72. Providing jobs through public tender their authority established by law. This will determine a special administrative career for the selection, promotion and dismissal of officials of the Comptroller. Who are prohibited from forming part of the bodies involved in the nomination and election of the Comptroller, giving personal recommendations for employment policies in his office.

73. Submit reports to Congress and the President of the Republic on the exercise of their functions and certifying the financial position of the State in accordance with the law.

74. Issue general rules to harmonize the systems of fiscal control of all national public institutions and territorial.

75. Other matters stipulated by law. Submit to the House of Representatives general account budget and treasury and certify the balance of the estate presented to Congress by the accountant general.

Article 269 º .-

In public institutions, relevant authorities are required to design and implement, according to the nature of its functions, methods and internal control procedures in accordance with that provided by law, which may make exceptions and authorize the contracting of such services Colombian private companies.

Article 270 º .-

The law shall organize the forms and systems of citizen participation that monitor public administration which meets at various administrative levels and results.

Article 271 º .-

The results of the preliminary inquiries undertaken by the Comptroller have probative value to the Attorney General's Office and the competent judge.

Article 272 º .-

Monitoring the fiscal management of the departments, districts and municipalities where there corresponds to them and should be exercised in a subsequent and selective. Municipalities the responsibility of the comptroller, except as otherwise required by law for municipal comptrollers. Responsibility of the assemblies and district and municipal councils to organize the respective offices as technical entities endowed with administrative and budgetary autonomy. Similarly, they are responsible for electing a controller for a period equal to the governor or mayor, as appropriate, from lists made up of two candidates presented by the superior court judicial district and one by the relevant court and administrative litigation.

No controller may be reelected to a consecutive term. Departmental, municipal district and shall exercise, within its jurisdiction, the functions of the Comptroller General of the Republic in Article 268 and may, as authorized by law, contract with private companies in Colombia to exercise fiscal oversight.

To be elected departmental, or municipal district to be Colombian by birth, citizenship rights, have over twenty five years, hold a university degree and other qualifications established by law. May not be elected who is or has been in the last year the assembly or council member who must make the election, or who has held public office at the departmental, district or municipal, except for teaching. Who has occupied the position of departmental, district or municipal, shall not hold any official position in the respective department, district or municipality, nor be registered as a candidate for elective office but a year after he ceased to hold office .

Article 273 º .-

At the request of any of the proponents, the Comptroller General of the Republic and other competent authorities fiscal control, order that any award of a tender to take place in open court. Cases where the application of the public hearing mechanism, how it shall evaluate the proposals and the conditions under which we will make that will be provided by law.

Article 274 º .-

Monitoring the fiscal management of the Comptroller General of the Republic is exercised by an auditor elected for a term of two years by the Council of State from a list submitted by the Supreme Court. The law shall determine the manner of exercising such supervision at the departmental, district and municipal levels.

Chapter 2º. Prosecutors.

Article 275 º .-

The Attorney General's Office is the supreme director of Public Prosecutions.

Article 276 º .-

The Attorney General's Office will be elected by the Senate for a period of four years, candidates from a list made by the President of the Republic, the Supreme Court and the State Council.

Article 277 º .-

The Attorney General's Office, in person or through their representatives and agents shall have the following functions:

29. Monitor compliance with the Constitution, laws, judicial decisions and administrative acts.

30. Protecting human rights and ensure their effectiveness, with the help of the Ombudsman.

31. Defend the interests of society.

32. Defend the collective interests, especially the environment.

33. To ensure the diligent and efficient administrative functions.

34. Exercise vigilance over the official conduct of those who hold public office, including the popular choice, preferred to exercise disciplinary powers, further investigations, and impose the appropriate penalties under the Act

35. Intervene in legal proceedings before courts or administrative authorities, whenever necessary to defend the legal order, public property, or the rights and guarantees.

36. Pay annual management report to Congress.

37. Require public officials and individuals the necessary information.

38. Other matters stipulated by law. To fulfill its duties, the Attorney General will have powers of judicial police, and may bring such actions as it deems necessary.

Article 278 º .-

The Attorney General's Office directly exercise the following functions:

34. Untying the office, after hearing and a reasoned decision, the public official who commits any of the following offenses: manifestly infringe the Constitution or the law; derive undue advantage evident and equity in the exercise of his office or duties; interfere, in a serious way, research carried out by the Attorney or administrative or judicial authority, acting with gross negligence in the investigation and disciplinary penalties for employees of his office, or in the reporting of offenses that have aware in the exercise of his office.

35. Issuing statements in disciplinary proceedings against officials that progress was made subject to special privileges.

36. Introduce bills relating to matters under its jurisdiction.

37. Urge Congress to pass laws that ensure the promotion, realization and protection of human rights, and ensure compliance with the relevant authorities.

38. Pay concept in the constitutional review process.

39. Appoint and remove, in accordance with the law, officers and employees under him.

Article 279 º .-

The law shall determine matters relating to the structure and functioning of the Attorney General's Office, will regulate matters relating to employment and competitive examinations and withdrawal of service, disabilities and incompatibilities, name, qualifications, compensation and disciplinary procedures all officers and employees of the agency.

Article 280 º .-

The prosecutors have the same qualities, category, remuneration, rights and benefits of judges and senior judges to those holding the position.

Article 281 º .-

The Ombudsman will be part of the Public Prosecutor and shall exercise its functions under the direction of the Attorney General's Office. Be elected by the House of Representatives for a period of four years from a list prepared by the President of the Republic.

Article 282 º .-

The Ombudsman will ensure the promotion, exercise and dissemination of human rights, for which exercise the following functions:

22. Guide and instruct the inhabitants of the Colombian national territory and abroad in the exercise and defense of their rights before the competent authorities or private entities.

23. Disseminate human rights and recommend policies for education.

24. Invoke the right of habeas corpus and actions of protection, without prejudice to the right of those concerned.

25. Organize and direct the public defender in the terms established by law.

26. Bring class actions on issues related to its competence.

27. Introduce bills relating to matters under its jurisdiction.

28. Submit reports to Congress on the performance of their duties.

29. Other matters stipulated by law.

Article 283 º .-

The law shall determine matters relating to the organization and functioning of the Ombudsman.

Article 284 º .-

Except as otherwise provided in the Constitution and the law, the Attorney General's Office and the Ombudsman may demand from the authorities the information necessary for the exercise of its functions, without any objection reservation.

TITLE XITerritorial OrganizationChapter 1º. General Provisions.

Article 285 º .-

Outside of the general division of the territory, there will be determined by law to carry out the functions and services provided by the State.

Article 286 º .-

Departments are territorial entities, districts, municipalities and indigenous territories.

The law may grant the status of territorial entities of the regions and provinces that were formed under the terms of the Constitution and the law.

Article 287 º .-

Territorial entities enjoy autonomy for the management of their interests within the limits of the Constitution and the law. By virtue of the following rights:

76. Authorities to govern themselves.

77. Exercise the powers assigned to them.

78. Managing resources and raise taxes is necessary for the performance of their duties.

79. Participate in national income.

Article 288 º .-

The organic law shall establish the territorial division of powers between the federal and regional authorities. The powers assigned to the different territorial levels will be exercised in accordance with the principles of coordination, competition and subsidiarity in the terms established by law.

Article 289 º .-

Mandated by law, departments and municipalities in border areas may promote directly to the territorial boundary of the neighboring country, the same level of cooperation and integration programs, aimed at promoting community development, public services and environmental preservation.

Article 290 .-

With the fulfillment of the requirements and formalities prescribed by law, and in cases to be decided, there will be periodic review of the limits of the territorial and will post the official map of the Republic.

Article 291 º .-

Members of the public associations of local authorities may not accept any position in government, and if you make them lose their investment. The controllers and only attend board meetings and boards that operate in the respective local authorities, when explicitly invited for specific purposes.

Article 292 º .-

The deputies and councilors and their relatives to the extent that the law may not form part of the boards of the decentralized entities of the respective department, district or county. May not be appointed officers of the relevant territorial entity spouses or partners of the deputies and councilors or their relatives in the second degree of consanguinity, affinity or single first civil.

Article 293 º .-

Notwithstanding the provisions of the Constitution, the law determine the qualifications, disqualifications and incompatibilities, possession date, sessions, permanent or temporary absence, causes of destitution and ways to fill the vacancies of the citizens who are elected by popular vote to perform public functions in local authorities. The law shall also make other arrangements for their election and performance of functions.

Article 294 º .-

The law can not grant exemptions or preferential treatment in relation to the property taxes of local authorities. Nor may impose surtaxes except as provided in Article 317.

Article 295 º .-

Local authorities may issue notes and bonds of public debt, subject to financial market conditions and also hire external credit, all in accordance with the law regulating the matter.

Article 296 º .-

For the preservation of public order or for its restoration where it has been disturbed, the acts and orders of the President of the Republic will be applied immediately, preferably on the governors and the acts and orders of the governors will apply equally and with the same effects in respect of the mayors .

Chapter 2º. Departmental Scheme.

Article 297 º .-

The National Congress may decree the formation of new departments, subject to compliance with the requirements of the Organic Law of Zoning and once the procedures, studies and public consultation provided for by this Constitution.

Article 298 º .-

Departments have management autonomy to sectional issues and planning and promoting economic and social development within its territory under the terms established by the Constitution. The departments have administrative functions, coordination, complementarity of the municipalities, intermediation between the national government and municipalities and provision of services determined by the Constitution and laws. The law shall regulate matters relating to the exercise of the powers the Constitution gives them.

Article 299 º .-

In each department there will be a popular choice administrative corporation to be known as the Departmental Assembly, which shall consist of not less than eleven members nor more than thirty-one. This corporation shall enjoy administrative autonomy and its own budget. The rules of disabilities and incompatibilities of the members shall be fixed by law. There may be less stringent than those established for members of Congress as appropriate. The period of the Members shall be three (3) years, and will act as public servants. To be elected a deputy must be an active citizen, not have been sentenced to deprivation of liberty, with the exception of political crimes or negligent and have resided in the respective electoral district during the year immediately preceding the date of the election. Members of the Departmental Assembly shall be entitled to remuneration for the relevant meetings and be accompanied by a system of social security benefits and, in the terms established by law. Amended by Legislative Act No. 01 of January 15, 1996.

Article 300 º .-

Corresponds to the departmental assemblies, by ordinance:

39. Regulate the exercise of the functions and the provision of services by the department.

40. Issue the regulations related to planning, economic development and social, financial and credit support to municipalities, tourism, transport, environment, public works, roads and the development of border areas.

41. Adopted in accordance with law the plans and programs of economic and social development and public works, with the determination of investment and measures deemed necessary to promote its implementation and ensure compliance.

42. Decree, in accordance with the law, taxes and contributions necessary for the performance of departmental functions. 43. Issue the organic laws of the departmental budget and

Annual budget of revenues and expenses.

44. Subject to the requirements stipulated by law, create and delete municipalities, segregate and add municipal territory, and organize provinces.

45. Determine the structure of the departmental administration, the functions of their branches, the pay scales for various categories of employment, create public and commercial or industrial enterprises of the department and allow the formation of mixed companies.

46. Police issue rules on everything that is not matter of statute.

47. Authorize the governor of the department to enter into contracts, negotiate loans, sell property, and exercise, pro tempore, specific functions that correspond to the departmental assemblies.

48. Regular, in cooperation with the municipality, sport, education and health within the limits prescribed by law.

49. Request reports on the performance of their duties to the Comptroller General of the department, Cabinet secretaries, heads of administrative departments and heads of decentralized institutions at the departmental.

50. Perform such other functions assigned to them by the Constitution and the law. Plans and programs of public works will be coordinated and integrated plans and programs with local, regional and national. The ordinances referred to in paragraphs 3, 5 and 7 of this article, which decreed investments or the transfer of departmental revenues and property and those that create services by the department or transfer the responsibility to him, can only be issued or renovated at the initiative of the governor. Amended by Legislative Act No. 01 of January 15, 1996.

Article 301 º .-

The law shall specify the cases in which the assemblies may delegate functions to the municipal councils to be determined. At any time, the assemblies may resume the exercise of delegated functions.

Article 302 º .-

The law may establish one or several departments various capacities and skills of administrative and fiscal management than those stipulated for them in the Constitution, in response to the need to improve the administration or provision of public services according to their population, economic and natural resources and social, cultural and ecological. In furtherance of the foregoing, the law may delegate to one or several departments, powers pertaining to national agencies or public entities.

Article 303 º .-

In each of the departments will have a governor who is head of branch administration and Department's legal representative, the governor will be the agent of the President to maintain public order and the execution of general economic policy, as well as those issues through agreements, the nation agrees with the Department. The governors will be elected for three years and shall not be eligible for the following period. The law shall determine the qualifications, requirements, disqualifications and incompatibilities of the governors; regulate their election, will determine their absolute and time and method of filling, and render the other provisions necessary for the normal performance of their duties.

Article 304 º .-

The President, in limited cases specified by law, suspend or remove governors. The regime of disabilities and incompatibilities will not be less stringent than those established for the President of the Republic.

Article 305 º .-

The powers of the Governor:

40. Comply with and enforce the Constitution, laws, government decrees and ordinances of the departmental assemblies.

41. Direct and coordinate the department's administrative action and act on their behalf to manage and promote the development of its territory in accordance with the Constitution and laws.

42. Direct and coordinate national services under the conditions of the delegation that would give the President of the Republic.

43. Timely submission to the departmental assembly ordinance draft plans and programs of economic and social development, public works and annual budget of revenues and expenses.

44. Freely appoint and remove managers or directors of public establishments and industrial and commercial enterprises of the Department. Department representatives on the boards of such agencies  and directors or managers of them are agents of the governor.

45. Further in accordance with the plans and programs, businesses, industries and activities suitable to the cultural, social and economic department that does not correspond to the Nation and the municipalities.

46. Create, delete and merge the jobs of its dependencies, define their special functions and fix their compensation subject to the law and ordinances. From the treasury department can not create obligations that exceed the total amount allocated to the respective service in the approved budget.

47. Delete or merge departmental entities in accordance with the ordinances.

48. Objection on grounds of unconstitutionality, illegality or impropriety, the draft ordinance, or sanction and promulgate them.

49. Review the acts of municipal councils and mayors and, for reasons of unconstitutionality or illegality, submit to the competent court to decide on its validity.

50. To supervise the collection of departmental revenues, decentralized entities and that are subject to transfer by the Nation.

51. Departmental assembly convene special sessions in which only deal with the issues and matters for which it was convened.

52. Select from the list sent by the National Chief respective managers or sectional heads of public institutions at the national, according to the law that operates within the Department.

53. Exercise the administrative functions delegated by the President.

54. Other matters stipulated by the Constitution, laws and ordinances.

Article 306 º .-

Two or more departments may become administrative and planning regions, with legal status, autonomy and equity capital. Its main objective is the economic and social development of the territory.

Article 307 º .-

The respective organic law, the plan of the Zoning Commission, establish the conditions for requesting conversion of the Region on territorial entity. The decision taken by Congress in each case shall be submitted to a referendum by the citizens of the departments concerned. The same law will establish the powers, administrative, and resources of the regions and their participation in the management of revenues from the National Endowment Fund. Also define the principles for the adoption of the special status of each region.

Article 308 º .-

The law may limit the departmental appropriations for Members' fees and costs of operation of the assemblies and the comptroller.

Article 309 º .-

Municipalities following will be transformed into a department of Arauca, Casanare, Putumayo, the Archipelago of San Andrés, Providencia and Santa Catalina, and the Commissioners of Amazonas, Guaviare, Guainia, Vaupes and Vichada. The property and rights to any title belonged to the municipalities and police continue to be owned by the respective departments.

Article 310 º .-

The Department Archipelago of San Andrés, Providencia and Santa Catalina is governed, in addition to the rules laid down in the Constitution and laws to other departments, special rules of administrative, immigration, taxation, foreign trade, changes , financial, and economic development established by the legislature. By law passed by a majority of the members of each chamber may limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate land use and subject to special conditions the sale of real estate In order to protect the cultural identity of indigenous communities and preserve the environment and natural resources of the archipelago. Through the establishment of municipalities as may be appropriate, the Departmental Assembly will ensure the institutional expression of the communities of San Andrés. Providence Township will have on a non-departmental revenues less than 20% of the total value of such income.

Chapter 3º. The Municipal System.

Article 311 º .-

The municipality as the fundamental unit of political-administrative division of the State is responsible for providing public services established by law, to build the projects required local progress, order the development of its territory, to promote community participation, social and cultural development of the people and perform such other duties assigned by the Constitution and laws.

Article 312 º. _

In each municipality there will be an administrative entity popularly elected for terms of three years, the Municipal Council, composed of no less than seven, nor more than twenty-one members as determined by the law, according to the respective population. The law will determine the qualifications, disqualifications and incompatibilities of the councilors and the ordinary session of the councils. Councillors not have the status of public employees. The law may determine the cases in which they are entitled to fees for attending meetings. Your acceptance of any public employment, constitute an absolute.

Article 313 º .-

Corresponds to the municipalities:

30. Regulate the functions and the efficient provision of services by the municipality.

31. Adopt plans and programs for economic and social development and public works.

32. Authorize the Mayor to enter into contracts and to exercise temporarily specific functions under the Council.

33. Vote in accordance with the Constitution and laws of taxes and local costs.

34. Organic standards dictate the budget and issue the annual budget of revenues and expenses.

35. Determine the structure of municipal administration and functions of its agencies; the salary scales for the different categories of jobs, creating, at the initiative of the mayor, public and industrial or commercial enterprises and permit the establishment of mixed capital companies.

36. Regulate land use and, within limits determined by law, supervise and control the activities related to construction and sale of residential properties.

37. Choose a representative for the period fixed by law and such other officers as it determines.

38. Promulgate rules necessary for the control, preservation and defense of environmental and cultural heritage of the municipality.

39. Other than the Constitution and the law assigned.

Article 314 º.

In each municipality there will be a mayor, head of local administration and legal representative of the municipality who is popularly elected for terms of three years, re-elected for the next period. The President and the Governors, in limited cases specified by law, suspend or remove them from the mayors. The law establishes the penalties that apply for the improper exercise of that power.

Article 315 º .-

The duties of the mayor:

13. Comply with and enforce the Constitution, law, government decrees, ordinances, and agreements of the council.

14. Preserve public order in the municipality, in accordance with the law and the instructions and orders received from the President and the respective governor. The mayor is the highest police authority in the municipality. The National Police will promptly and diligently execute the orders given to it by the mayor through the respective commander.

15. Direct the administration of the municipality, ensuring compliance with the functions and the provision of services to their dependents, represent and out of court, and appoint and remove officers under his authority and the managers or directors of public establishments and enterprises commercial industrial or local, in accordance with relevant provisions.

16. Delete or merge municipal entities and in accordance with the agreements.

17. Timely submission to the Council proposals concerning the plans and programs of economic and social development, public works, annual budget of revenues and expenses and the other as may be necessary for the proper functioning of the municipality.

18. Approve and promulgate the agreements that the Council has adopted and object to which it considers inappropriate or contrary to law.

19. Create, delete or merge the jobs of its dependencies, point out special features and fix their remuneration in accordance with relevant agreements. You can not create obligations that exceed the total amount allocated for staff costs in the budget originally approved.

20. Collaborate with the Council for the effective performance of their duties, provides general information on its administration and call special sessions, in which only deal with the issues and matters for which it was summoned.

21. Manage municipal expenditures in accordance with the investment plan and budget.

22. Other than the Constitution and the law stipulate.

Article 316 º .-

In voting to be held for the election of local authorities and the decision of matters of like character, open only to citizens residing in the respective municipality.

Article 317 º .-

Only municipalities may tax real estate. This does not mean that others impose contribution of recovery. The bill includes a percentage of these taxes, which may not exceed the average existing surcharges, the entities responsible for management and conservation of the environment and renewable natural resources, according to development plans of municipalities in the area its jurisdiction.

Article 318 º .-

In order to improve the delivery of services and ensure the participation of citizens in the management of local public affairs, the council may divide their municipalities into communes in the case of urban areas and in townships in the case of rural areas. In each of the districts or townships will be a local administrative board popularly elected by the number of members determined by law, have the following functions:

10. Participate in the development of municipal plans and programs of economic and social development and public works.

11. Monitor and control the provision of municipal services in the municipality or township and the investments made with public funds.

12. Make investment proposals to the national, departmental and municipal involved in the preparation of the respective investment plans.

13. Distribute the global items assigned to them by the municipal budget.

14. Exercise the functions delegated to the council and other local authorities. The departmental assemblies may organize administrative boards to carry out the functions stipulated by the act of creation in the territory that it determines.

Article 319 º .-

When two or more municipalities have economic, social and physical characteristics that give the group a metropolitan area, may be organized as an administrative entity responsible for scheduling and coordinating the harmonious and integrated development of the territory under its authority, streamlining the provision of public services by those who integrate and, if applicable, jointly provide some of them, and implement urban projects. Land law adopted for metropolitan areas Administrative and fiscal arrangements of special character; ensure that their boards have adequate participation of the respective municipal authorities, and indicate how to convene and conduct public consultations to decide on the linkage municipalities. Once the popular consultation, the respective mayors and city councils record the configuration of the area and define its powers, funding and authorities in accordance with the law. The metropolitan areas may become districts in accordance with the law.

Article 320 º .-

The law may establish categories of municipalities according to population, fiscal resources, economic importance and geographical location, and identify specific regime for their organization, governance and administration.

Article 321 º .-

The provinces are made with surrounding municipalities and indigenous territories belonging to the same department. The law lays down the basic status and determine the administrative system of the provinces that may be organized to carry out the functions delegated to national agencies or departments and assign them the law and the municipalities within them. The provinces will be created by ordinance, initiated by the governor, the mayors of the respective municipalities or the number of citizens by law. For admission to a state and formed shall be a referendum in the relevant municipalities. The department and the municipalities provide to the provinces the percentage of current income that the assembly and respective councils.

Chapter 4 º. Special Regime.

Article 322 º .-

Santa Fe de Bogota, capital of the Republic and the Department of Cundinamarca, was organized as the District Capital. Its political, fiscal, and administrative determined by the Constitution, special laws for the same are issued and the provisions applicable to the municipalities. Based on the general rules established by law, the council on the initiative of the mayor, district divided the territory in places, according to the social characteristics of its inhabitants, and make the appropriate division of powers and administrative functions. At the district authorities to ensure the harmonious and integrated development of the city and the efficient delivery of services by the District, to local management of the affairs of its territory.

Article 323 º .-

The District Council will consist of one councilor for every one hundred fifty thousand inhabitants or fraction greater than seventy-five thousand in its territory. In each of the locations will be a management board, popularly elected for three year terms, which shall consist of not less than seven aldermen, as determined by the District Council, attended the respective population. The choice of mayor, district councilors and aldermen will be held on the same day for a period of three years. Local mayors are appointed by the mayor from a list submitted by the relevant administrative board. In limited cases specified by law, the President may suspend or remove the Mayor. The councilors and aldermen may not be part of the boards of the decentralized entities.

Article 324 º .-

The local boards apportion and appropriate the global games in District's annual budget is allocated to the localities, taking into account the basic needs of its population. On departmental revenues which are caused in Santa Fe de Bogota, the law will determine the share that corresponds to the capital of the Republic. Such participation shall not exceed that fixed the effective date of this Constitution.

Article 325 º .-

To ensure the implementation of plans and programs of integral development and the timely and efficient service charge, subject to conditions set by the Constitution and the law, the Capital District may form a metropolitan area with municipalities surrounding region and territorial entities departmental character.

Article 326 º .-

The adjacent municipalities may join the Capital District determine if they citizens who reside in them by voting to take place when the District Council has agreed with this link. If this occurs, the former municipality to apply the constitutional and legal provisions for the other localities that make up the Capital District.

Article 327 º .-

In the election of Governor and Members of the Departmental Assembly of Ontario registered voters will not participate in the electoral roll of the Capital District.

Article 328 º .-

Tourist and Cultural District of Cartagena de Indias and the District Tourism, Cultural and Historic Santa Marta retain their status and character.

Article 329 º .-

The establishment of indigenous territorial entities will be subject to the provisions of the Organic Law of Zoning, and their determination will be made by the Government, with participation of representatives of indigenous communities, the plan of the Zoning Commission . Guards are collective property and are inalienable. The law will define the relations and coordination of these entities with those of which they belong.

Paragraph .- In the case of an indigenous territory that includes the territory of two or more departments, its administration will be by indigenous councils in coordination with the governors of the respective departments. If this country decides to establish itself as a territorial entity, they shall comply with the requirements of the first paragraph of this article.

Article 330 º .-

In accordance with the Constitution and laws, indigenous territories are governed by councils formed and regulated according to the customs of their communities and perform the following functions:

11. Ensure the implementation of legal regulations on land use and settlement of their territories.

12. Designing policies, plans and programs of economic and social development within its territory, in accordance with the National Development Plan.

13. Promote public investment in their territories and ensure their proper implementation.

14. Collect and distribute their resources.

15. Ensure the preservation of natural resources.

16. Coordinate programs and projects promoted by the different communities in their territory.

17. Collaborate with the maintenance of public order within its territory in accordance with the instructions and provisions of the National Government.

18. Represent the territories before the national government and other entities to which they are integrated, and

19. Other matters stipulated by the Constitution and the law. Paragraph .- The exploitation of natural resources in indigenous territories shall be without detriment to the cultural, social and economic status of indigenous communities. The decisions taken in respect of such exploitation, the government will encourage the participation of representatives of the respective communities.

Article 331 º .-

Create the Autonomous Regional Corporation of Rio Grande de la Magdalena responsible for the improvement of navigation, port activity, the improvement and conservation of land, power generation and distribution and the use and preservation of the environment, fish resources and other renewable natural resources. The law shall determine its organization and funding sources, and define for coastal municipalities special treatment in the allocation of royalties and their respective participation in the current national income.

TITLE XIIOf the Economic and Public FinanceChapter 1º. General Provisions.

Article 332 º .-

The state owns the subsoil and non-renewable natural resources, without prejudice to the rights acquired and under prior laws.

Article 333 º .-

Economic activity and private initiative are free, within the limits of the common good. For the exercise, no one may require prior authorization or requirements, without authority of law. Free competition is the right of all who assume responsibility. The company, as a basis for development, has a social function that implies obligations. The state will strengthen the organizations and stimulate business development. The State, by rule of law, prevent the obstruction or restriction of economic freedom and prevent or control any abuse of people or businesses make its dominant position in the domestic market. The law will limit the scope of economic freedom when required by the social interest, the environment and cultural heritage of the nation.

Article 334 º .-

The general direction of the economy will be in charge of the State. This action, as mandated by the law, in the exploitation of natural resources, land use, production, distribution, use and consumption of goods and services in public and private, to manage the economy with In order to achieve improved quality of life of the inhabitants, the equitable distribution of opportunities and benefits of development and the preservation of a healthy environment. The state, especially intervene to full employment of human resources and ensure that all people, especially lower income, have access to basic goods and services. Also to promote productivity and competitiveness and harmonious development of regions.

Article 335 º .-

Financial activities, securities, insurance, and any other related to the management, use and investment of catchment resources referred to in subparagraph d) of paragraph 19 of Article 150 are in the public interest and can only be exercised prior authorization State, under the law, which regulate the manner of government intervention in these areas and promote the democratization of credit.

Article 336 º .-

No monopoly may be established except to allocate revenue, with an aim of public or social interest and under the law. The law establishing a monopoly may not be implemented before they have been fully compensated individuals under it must relinquish the exercise of a legal economic activity. The organization, management, control and operation of monopolies will be subject to a regime, as determined by the law of government initiative. The income obtained from monopolies of games of chance are exclusively for health services. Income derived in carrying liquor monopoly, are intended mainly to health services and education. Fiscal evasion with respect to revenues from monopolies will be sanctioned criminally under the terms established by law. The government will sell or liquidate the state monopoly enterprises and give to others the development of their business do not comply with the requirements of efficiency, in the manner prescribed by law. In any case respect the rights acquired by employees.

Article 337 º .-

The law may establish for the border areas, land and sea, special regulations on economic and social policies aimed at promoting development.

Article 338 º .-

In peacetime, only the Congress, departmental assemblies and district and municipal councils may levy tax and special levies. The law, ordinances and resolutions must directly determine the active and passive subjects, the facts and the tax bases and tax rates. The law, ordinances and resolutions may allow authorities to determine the rate of fees and contributions charged to taxpayers, as recovery of the costs of the services we provide or participate in the benefits they provide, but the system and the method to define such costs and benefits, and how to make your cast, must be fixed by law, ordinances or agreements. Laws, ordinances or resolutions that regulate contributions in which the base is the result of events occurring during a given period can not be applied only from the period beginning after the effective date of the respective law, ordinance or agreement.

Chapter 2º. Development Plans.

Article 339 º .-

There will be a National Development Plan consists of a general and an investment plan of the national public entities. In the general plan will include goals and long-term national goals, targets and priorities for state action in the medium term strategies and general guidelines for the economic, social and environmental measures to be adopted by the government. The public investment plan will contain multi-annual budgets of the major programs and projects of national public investment and to specify the financial resources required for implementation. Local authorities prepare and adopt a concerted between them and the national government development plans in order to ensure efficient use of resources and the proper discharge of their functions have been assigned by the Constitution and the law. The plans of the territorial entities will consist of a strategic and investment plan of short and medium term.

Article 340 º .-

There will be a National Planning Council composed of representatives of local authorities and the economic, social, environmental, community and cultural. The Council will serve as a consultative forum for the discussion of the National Development Plan. National Council members are appointed by the President to submit lists of authorities and organizations, institutions and sectors referred to in the preceding paragraph, who shall be or have been linked to such activities. His term is eight years and four will be partially replaced in the manner prescribed by law. In the territorial planning councils will also, as determined by law. The National Council and the territorial planning councils are the National Planning System.

Article 341 º .-

The government will prepare the National Development Plan with the active participation of the authorities of planning, local authorities and the Higher Judicial Council and submit the project for the concept of National Planning Council, upon recommendation of the Council shall amendments it deems appropriate and submit the draft to Congress, within six months following the initiation of the respective presidential term. Based on the report to develop joint committee for economic affairs, each group will discuss and evaluate the plan in plenary.

The disagreement with the contents of the general, if any, shall not prevent the government from executing the proposed policies on what is within its competence. However, when the government decides to amend the general plan must follow the procedure outlined in the following article. The National Investment Plan will be issued by a law which will take precedence over other laws, and consequently, their mandates constitute adequate mechanisms for implementation and supplant existing without the issuance of subsequent legislation, however, in the annual laws budget may increase or decrease and resources approved in the planning law.

If Congress does not approve the National Public Investment Plan in a period of three months after filing, the government will put into effect by decree with legal force. Congress may amend the Public Investment Plan provided financial balance is maintained. Any increase in debt authorizations requested the inclusion of government project or investment projects not covered in it require the approval of the Government.

Article 342 º .-

The corresponding organic law shall regulate all procedures related to development, approval and implementation of development plans and provide the appropriate mechanisms for harmonization and for holding them in the official budget. Determine also the organization and functions of the National Planning Council and regional councils, and the procedures pursuant to which shall be effective citizen participation in the discussion of development plans and amendments to them, as established in the Constitution.

Article 343 º .-

The national planning body to bring the law, will be responsible for the design and organization of systems management and performance evaluation of public administration, both in terms of policies and investment projects, under the conditions that she determine.

Article 344 º .-

Departmental planning agencies will evaluate the management and performance of the planning and development and investment programs of the departments and municipalities and will participate in the preparation of the budgets of the latter in the terms established by law. In any case, the national planning agency, selectively carry out the evaluation of any territorial entity.

Chapter 3º. Budget.

Article 345 º .-

In time of peace is not the collection of levies or taxes not included in the budget of revenues, or make disbursement from the Treasury who is not included in the cost. Nor may any expenditure that has not been enacted by Congress, departmental assemblies, or the district or municipal councils, or any credit transfer is not projected in the respective budget.

Article 346 º .-

The Government will make annual Revenue Budget and Appropriations Bill that will match the National Development Plan and submit it to Congress within the first ten days of each term. In the Appropriations Act may not make one that does not correspond to a legally recognized credit or spending enacted under previous law, or one proposed by the Government to properly address the functioning of the branches of government, or service debt, or intended to comply with the National Development Plan. Economic affairs committees of both chambers will deliberate together for the first reading the draft Revenue Budget and Appropriations Act.

Article 347 º .-

The appropriations bill must include all the costs that the state plans to implement during the relevant fiscal period. If legally authorized revenues are not sufficient to cover the projected expenditures, the Government will propose separately before the same committees that study the budget bill, the creation of new revenues or modifying existing ones to finance the amount of costs in question. The budget may be approved without having been closed the bill for additional resources, and discussion can continue its course in the next legislative session.

Article 348 º .-

If Congress does not approve the budget, will govern submitted by the Government under the terms of the preceding article, if the budget has not been submitted within that period, governed the previous year, but the government may reduce expenditures, and in therefore eliminate or reduce jobs, where appropriate in the calculation of revenues of the new year.

Article 349 º .-

During the first three months of its mandate and in strict accordance with the rules of the Organic Act, Congress will debate and issue the Revenue Budget and General Appropriations Act. The computation of the income, resources, credit and balance from the Treasury may not be increased by Congress except with the prior approval signed by the minister.

Article 350 º .-

The appropriations bill must have a component called social spending in such a group the items according to the definition made by the pertinent organic law. Except in the case of foreign war or for reasons of national security, social spending takes precedence over any other assignment. In the spatial distribution of social spending is taken into account the number of people with unsatisfied basic needs, population, and fiscal and administrative efficiency, according to regulations mandated by the law. The investment budget can not be reduced proportionately with the previous year on total expenditure of the relevant appropriations bill.

Article 351 º .-

Congress can not increase any of the items in the budget expenditures proposed by the government or include a new section except with the written consent of the minister. The Congress may eliminate or reduce items of expenditure proposed by the Government, except those needed to service debt, the other contractual obligations of the State, comprehensive care for routine administration and authorized investments plans and programs referred to in Article 341. If elevare the calculation of income, or if it will eliminate or decrease some of the items of the respective project, the sums available, not to exceed the amount may be applied to other investments or expenses authorized as prescribed in the final paragraph of Article 349 of the Constitution.

Article 352 º .-

In addition to that stated in this Constitution, the Organic Budget Law shall regulate matters relating to scheduling, approval, modification, implementation of the budgets of the Nation, local authorities and the decentralized entities of any administrative level and its coordination with National Development Plan, as well as the ability of agencies and state agencies to contract.

Article 353 º .-

The principles and provisions set forth in this title shall apply, as far as practicable, to local authorities for the preparation, approval and implementation of its budget.

Article 354 º .-

There will be an Accountant General, an official of the executive branch, who will take the general accounts of the nation and consolidate it with that of its decentralized territorial or services, regardless of the order to which they belong, except that relating to the implementation of the budget whose competence is attributed to the Comptroller. Correspond to the Accountant General of uniform functions, centralize and consolidate the public accounts, preparing the balance sheet and determine the accounting rules should govern the country according to law.

Paragraph .- Six months after the end of the fiscal year, the Government sent to Congress on balance, audited by the Comptroller General of the Republic, for its information and analysis.

Article 355 º .-

None of the branches or organs of public authority may order aid or grants to individuals or private legal. The Government, at national, provincial, district and city may, with funds from the respective budgets, contracts with private nonprofit and recognized capacity to promote programs and activities of public interest in accordance with the Plan Sectional and National Development Plans. The National Government will regulate the matter. Chapter 4 ....... From the Distribution of Resources and Skills.

Article 356 º .-

Except as provided by the Constitution, law, government initiative, determine the services over the nation and the territorial entities. Determine, also, the fiscal situation, that is, the percentage of current national income to be transferred to the departments, the capital district and special districts of Cartagena, Santa Marta and Barranquilla, to provide care directly or through municipalities, the services assigned to them. Situado fiscal resources will fund the preschool, primary, secondary and a half, and health at the levels established by law, with special attention to children.

The fiscal situation will increase annually until reaching a percentage of current national income that adequately addresses the services for which it is intended. To this end, he will join the retention of the sales tax and any other resources that the federal government directly transfers to cover in those levels of education. The law shall determine deadlines for the transfer of these revenues and the transfer of the relevant obligations, establish the conditions under which each department will take care of these services and may authorize municipalities to lend directly to individually or collectively. 

No responsibilities can be decentralized without the prior allocation of sufficient fiscal resources to meet them. Fifteen percent of the fiscal revenues will be distributed equally among the departments, the Capital District and the District of Cartagena, Santa Marta and Barranquilla. The remainder will be allocated in proportion to the number of current and potential users of the services mentioned, taking into account also the weighted average tax effort and administrative efficiency of the respective territorial entity. Every five years the law on the initiative of members of Congress, may revise these distribution percentages. Added by Article 2 of the Legislative Act No. 1 of 1993 (August 18), by which stands the city of Barranquilla, capital of the Atlantic, special district, industrial and port.

Article 357 º .-

Municipalities participating in the current national income. The law, initiated by the Government, determine the minimum percentage of their participation and define priority areas for social investment to be financed with these resources. For purposes of this participation, the law will determine the Indian reservations to be considered as municipalities. The proceeds of this share will be distributed by law in accordance with the following criteria: Sixty percent in direct proportion to the number of inhabitants with unsatisfied basic needs and relative poverty of the population of the respective municipality and the rest in terms of the total population, fiscal and administrative efficiency and the progress demonstrated in quality of life, exclusively assigning a percentage of this part to the municipalities under 50,000 inhabitants. The law shall specify the scope, distribution criteria herein provided, and provide that a percentage of this income is invested in rural areas. Every five years the Act on the initiative of Congress can review these distribution percentages.

Paragraph .- The participation of municipalities in the current national income will increase year by year, fourteen percent in 1993 to reach at least twenty-two percent in 2001. The law shall determine the gradual increase in these transfers and define the new responsibilities that social investment in municipalities and assume the conditions for compliance. Its authorities must demonstrate to the assessment and monitoring of results the efficient and correct use of these resources and, if mishandled, will be subject to the penalties established by law are excluded from prior participation, new taxes when Congress so determines, and the first year of operation, adjustments to existing taxes and are constituted by emergency economic measures. Since 2000, municipalities classified as fourth, fifth and sixth, in accordance with the rules may spend freely, for investment or for other expenses, up to fifteen percent (15%) of the resources they receive by way of participation.

Transitory Paragraph 1 .- Establécese for the years 1995 to 1999, inclusive, a transition period during which the municipalities, in accordance with the categorization embodied in the existing rules, freely allocated for investment or for other expenses, a maximum of share resources, as follows: Category 2. and 3a.: Up to 25% in 1995 to 20% in 1996 to 15% in 1997 to 10% in 1998, and up to 5% in 1999. Category 4a, 5a. and 6a.: Up to 30% in 1995 to 27% in 1996 to 24% in 1997 to 21% in 1998 and to 18% in 1999.

Transitory Paragraph 2 .- From 1996 to 1999, an increasing percentage of participation will be distributed to municipalities according to the criteria established in this article, as follows: 50% in 1996, 60% in 1997, 70% in 1998, and 85% in 1999. The remaining percentage of participation in each of the years of transition will be distributed in direct proportion to the value they have received the municipalities and districts by way of transfer of VAT in 1992. From the year 2000 will come into full effect the criteria established in this Article to distribute participation. Amended by Legislative Act 01 of 1995 (December 1), by which is added to Article 357 of the Constitution, on the participation of municipalities in the current national income.

Article 358 º .-

For the purposes mentioned in the two previous articles, be understood by those consisting of current income tax revenue and nontax with the exception of capital resources.

Article 359 º .-

There will be no earmarking of national income. Exceptions:

80. The shares provided in the Constitution in favor of the departments, districts and municipalities.

81. Those assigned to social investment.

82. Which, based on previous laws, the nation assigns to social welfare institutions and the old city halls and police stations.

Article 360 ​​º .-

The law determines the conditions for the exploitation of nonrenewable natural resources and the rights of local authorities about them. The exploitation of a nonrenewable natural resource will cause to the State, a payment by way of royalties, without prejudice to any other rights or remedies that may be contracted. The departments and municipalities in whose territory are exploited non-renewable natural resources, as well as sea and river ports through which are transported such resources or products derived therefrom, shall be entitled to participate in the royalties and compensation.

Article 361 º .-

With the income from royalties that are not allocated to departments and municipalities will create a National Endowment Fund whose resources are allocated to local authorities in the manner provided by law. These funds will be applied to the promotion of mining, environmental preservation and to fund regional investment projects defined as priorities in development plans of the respective authorities.

Article 362 º .-

The property and income tax or no tax or from the operation of monopolies of local authorities, are theirs alone and enjoy the same guarantees as the property and income of individuals. Departmental and municipal taxes enjoy constitutional protection and thus the law may not transfer to the Nation, except temporarily in case of foreign war.

Article 363 º .-

The tax system is based on the principles of equity, efficiency and progressiveness. The tax laws do not apply retroactively.

Article 364 º .-

The internal and external debt of the Nation and local authorities may not exceed their ability to pay. The law shall regulate the matter.

Chapter 5. Purpose of the State Social and Public Services.

Article 365 º .-

Public services are inherent to the social purpose of state. It is the duty of the state to ensure their efficient delivery to all inhabitants of the country. Public services will be subject to the legal regime established by law, may be provided by the State, directly or indirectly, by community organizations, or individuals. In any case, the state is regulating, control and monitoring of such services. If for reasons of sovereignty or social interest, the State, through legislation passed by the majority of the members of each chamber, initiated by the Government decides to reserve certain strategic or public service activities, shall indemnify fully to people under that law, are deprived of the exercise of a lawful activity.

Article 366 º .-

The general welfare and improving the quality of life of the population are social purposes of the State. A basic objective of its activity the solution of the unmet health, education, environmental sanitation and drinking water. For these purposes, in plans and budgets of the nation and local authorities, social spending takes precedence over any other assignment.

Article 367 º .-

The law shall specify the powers and responsibilities relating to the provision of public services, coverage, quality and financing, and the tariff regime that will take into account the criteria of cost, solidarity and income redistribution.

The public services will be provided directly by each municipality when the technical and economic characteristics of the service and general convenience as possible and advisable, and the departments provide support and coordination. The law determines the entity responsible for setting rates.

Article 368 º .-

The Nation, departments, districts, municipalities and decentralized entities may grant subsidies in their respective budgets for people with lower incomes may pay fees for public services that meet their basic needs.

Article 369 º .-

The law determines the duties and rights of users, the system of protection and forms of participation in the management and supervision of state enterprises that provide the service. Also define the participation of the municipalities or their representatives, agencies and enterprises that provide public services.

Article 370 º .-

The President of the Republic to stipulate, subject to the law, general administrative policies and control efficiency of public services and to exercise through the Superintendent of Public Utilities, control, inspection and monitoring bodies providing such services.

Chapter 6. Central Banking.

Article 371 º .-

The Central Bank will act as the central bank. Be organized as a legal person under public law with administrative, patrimonial and technical subject to its own legal regime. Be basic functions of the Bank of the Republic, to regulate currency, foreign exchange and credit, legal issue currency, managing foreign reserves, to be the lender of last resort and banker of the credit, and serve as fiscal agent of the government . All of them will be exercised in coordination with general economic policy. The Bank will give a report to Congress on the implementation of responsible policies and other matters as requested.

Article 372 º .-

The Board of the Bank of the Republic will be the monetary, exchange and credit, according to the functions assigned by law. You will be responsible for directing and executing the functions of the Bank and will consist of seven members including the Minister of Finance, who will preside. The Manager of the Bank shall be elected by the board and will be a member. The five remaining members of employment, will be appointed by the President of the Republic for renewable terms of four years, replacing two of them, every four years. The board members represent exclusively the interests of the nation. Congress passed the law which will regulate the Bank of the Republic for the exercise of their functions and regulations under which the Government issued the statutes of the Bank's to be determined, among other things, the form of organization, its legal system, the performance of its executive committee and board of directors, the term of the director, the rules for establishing reserves, including the exchange rate and monetary stabilization, and the fate of their surplus profits. The President will perform the inspection, monitoring and control of the Bank in the manner provided by law.

Article 373 º .-

The State, through the Bank of the Republic shall maintain the purchasing power of money. The Bank may not establish lines of credit, or warranties on behalf of individuals except in the case of intermediation of foreign credit for placement through credit facilities or temporary liquidity support to them. Lending operations to the State require the unanimous approval of the board, unless in the case of open market operations. The legislature, in any case, order lines of credit to the State or individuals

TITLE XIIIReform of the Constitution

Article 374 º .-

The Constitution may be amended by Congress, by a Constituent Assembly or by the people through referendum.

Article 375 º .-

May submit draft legislation to the Government, ten members of Congress, twenty percent of the council or of the deputies and citizens in a number equivalent to not less than five percent of the current electoral register. The processing of the project will take place in two regular sessions and running. Approved in the first one by most participants, the project will be published by the Government. In the second period, approval will require the vote of a majority of the members of each House. In this second period may be discussed only at the first.

Article 376 º .-

By law passed by a majority of members of both chambers, Congress may provide that the people decide by popular vote whether to convene a Constituent Assembly with the competition, the period and the same composition as determined by law. It is understood that the village calls the Assembly, if approved by at least one-third of the members of the electorate. The Assembly must be elected by direct vote of citizens in electoral act which may not coincide with another. Since the election is suspended, the ordinary powers of Congress to amend the Constitution during the period specified for the Assembly to perform its functions. The Assembly shall adopt its own rules.

Article 377 º .-

Should be subject to a referendum of constitutional reforms passed by Congress, as they relate to the rights recognized in Chapter 1 of Title II and their guarantees, popular participation procedures, or Congress, if requested, within six months after the enactment of the act, a five per cent of citizens who make up the electoral roll. The reform means repealed by the negative vote of a majority of voters as long as he has participated in the vote at least a quarter of the electorate.

Article 378 º .-

On the initiative of the Government or citizens in terms of Article 155, the Congress, by law requiring the approval of most members of both Houses, may submit to referendum a constitutional reform bill which Congress incorporated into the law. The referendum will be presented so that voters can freely choose the subject or articulate what they are voting and voting positively negative. The adoption of amendments to the constitution by referendum requires the affirmative vote of more than half of the voters and their number exceeds a quarter of all citizens who make up the electoral roll.

Article 379 .-

Legislative acts, the call for a referendum, the referendum or the act of convening the Constituent Assembly may be declared unconstitutional only when they violate the requirements of this title. Public action against such acts only within one year after its promulgation with the provisions of Article 241, paragraph 2.

Article 380 º .-

Repealed the Constitution in force with all its amendments. This Constitution is effective from the date of its promulgation.

TRANSITIONAL PROVISIONS

Chapter 1

Provisional Article 1 .-

General elections of the Congress for the October 27, 1991. Congress thus elected, shall have the period ending July 19, 1994. The Registrar of Civil Status will open an enrollment period of identity cards.

Provisional Article 2 .-

May not be candidates in this election delegates of the Constituent Assembly and the current full Cabinet ministers. Neither may the Executive Branch officials who have not resigned before June 14, 1991.

Provisional Article 3 .-

While installing, on 1 December 1991 the new Congress, the current and its committees will take a recess and may not exercise any of its powers or on its own initiative or upon the call of President.

Provisional Article 4 .-

The Congress elected on October 27, 1991 ordinary sessions as: From 1st. to 20 December 1991 and 14 January to 26 June 1992. As of July 20, 1992 the schedule of sessions will be as prescribed in this Constitution.

Provisional Article 5 .-

Is endowed with the President of the Republic of specific extraordinary powers to:

a) To issue regulations that organize the Attorney General and the rules of criminal procedure;

b) To regulate the right of guardianship;

c) Take the necessary administrative measures for the functioning of the Constitutional Court and the Supreme Judicial Council;

d) Issue the National General Budget for the period of 1992;

e) issue rules for the transition to congestion in the courts.

Provisional Article 6 .-

A Special Commission of thirty-six members elected by the electoral quotient by the National Assembly, half of whom will be delegates, which will meet from 15 July to 4 October 1991 and from 18 November 1991 and the day of installation of the new Congress. The election will be held at a meeting called for this purpose on July 4, 1991. This Special Commission will have the following powers:

a) disapprove by a majority of its members, in whole or in part, the draft decree prepared by the National Government in exercise of extraordinary powers granted to the President of the Republic for the above article and other provisions of the present Constituent Act except for appointments. The vetoed items shall not be issued by the Government.

b) Prepare the draft laws it deems appropriate to implement the Constitution. The Special Commission may submit such projects to be discussed and approved by the Congress.

c) To regulate its operation.

Paragraph .- If the Special Commission approved before December 15, 1991 the proposed budget for fiscal 1992, governed the previous year, but the government may reduce expenditures and consequently eliminate or merge positions where appropriate in the calculation of revenues of the new year.

Provisional Article 7 .-

The President will appoint a government representative to the Special Commission, which will have a voice and initiative.

Provisional Article 8 .-

The decrees issued in exercise of the powers of the state of siege until the date of enactment of this Act is constitutional, will continue to apply for a maximum period of ninety days, during which the Government may turn into permanent legislation by decree, if the Commission Special impruebe not.

Provisional Article 9 .-

The extraordinary powers for the exercise of which has not been designated special term will expire fifteen days after the Special Commission terminates its functions.

Provisional Article 10 .-

The decrees issued by the Government in exercise of the powers conferred by the articles above have the force of law and constitutional review is for the Constitutional Court.

Provisional Article 11 .-

The extraordinary powers referred to in the Provisional Article 5 will cease the day you install the Congress elected on October 27, 1991. On the same date the special commission established by Article 6 will also cease to function.

Provisional Article 12 .-

In order to facilitate the reintegration into civilian life of the guerrilla groups that are definitely involved in a peace process under the direction of the Government, which may, for once, special peace for election to public corporations to be held on October 27, 1991, or directly by name once, a plural number in each house of Congress on behalf of the above groups in the peace process and demobilized. The number will be established by the Government, according to assessment by the circumstances and the progress of the process. The names of Senators and Representatives to which this Article shall be agreed between the Government and the guerrillas and their appointment shall be  the President of the Republic. For the purposes provided in this Article, the Government may not take into account certain disabilities and requirements for Congressman.

Provisional Article 13 .-

Within three years following the entry into force of this Constitution, the Government may make such provisions as may be necessary to facilitate the reintegration of demobilized guerrilla groups that are linked to a peace process under his direction, to improve economic conditions and social areas where they were present, and to provide for the territorial organization, organization and competence municipal, utilities and operation and integration of municipal bodies in those areas. The national government will make periodic reports to Congress on the implementation and development of this article.

Provisional Article 14 .-

Within the legislative session beginning on December 1991, the National Congress, the Senate and House of Representatives issued its regulations. Otherwise, be issued by the State Council, within three months.

Provisional Article 15 .-

The first election of Vice President of the Republic will be held in the year 1994. Meanwhile, to supplement the permanent or temporary absence of the President will keep the old system of appointing, by which, after expiry of the period chosen in 1990, the full Congress will elect a new one for the period 1992 - 1994.

Provisional Article 16 .-

Except for cases stipulated in the Constitution, the first popular election of governors will be held on October 27, 1991. The governors elected on that date will take office on January 2, 1992.

Provisional Article 17 .-

The first popular election of governors in the departments of Amazonas, Guaviare, Guainia, Vaupes and Vichada will be later than 1997. The law may set an earlier date. Until then, the governors of those departments shall be appointed and may be removed by the President of the Republic.

Provisional Article 18 .-

While the law establishes the system of disqualifications for governors in the elections of October 27, 1991 can not be chosen as such:

83. Who at any time been convicted of a court sentence to deprivation of liberty, except those who have been for political crimes or negligent.

84. Those within six months prior to the election may have served as public employees jurisdiction or political authority, civil, administrative or military or national level in the respective department.

85. Those who are connected by marriage or kinship within the third degree of consanguinity, affinity two or civilian who first register as candidates in the same election to Congress.

86. Those within six months preceding the election were involved in case management or contracting with public entities on their own behalf or on behalf of third parties. The prohibition in paragraph two of this article does not apply to members of the National Constituent Assembly.

Provisional Article 19 .-

The mayors, councilors and deputies elected in 1992 shall serve until December 31, 1994.

Chapter 2

Provisional Article 20 .-

The Government, during the term of eighteen months from the entry into force of this Constitution and taking into account the evaluation and recommendations of a commission composed of three experts in public administration or administrative law designated by the State Council, three members appointed by the Government and one representing the Colombian Federation of Municipalities, abolish, merge or restructure the executive branch entities, public, industrial and commercial companies and societies of national mixed economy, with bring them into line with the mandates of this constitutional reform, in particular, with the redistribution of powers and resources it provides.

Provisional Article 21 .-

The legal rules from the principles stated in Article 125 of the Constitution shall be enacted by Congress within one year after installation. If in this period the Congress does not issue, the President is authorized to issue them within three months. From the issue of legal rules governing the race, the nominators of public servants apply it in a term of six months. Failure to comply with the terms stated in the preceding paragraph shall be grounds for misconduct. Pending the issue of the standards referred to in this Article shall continue in force governing the matter now they do not violate the Constitution.

Chapter 3

Provisional Article 22 .-

While the law does not set another number, the first Constitutional Court shall consist of seven judges to be appointed for a period of one year as follows:

Two of the President of the Republic

One by the Supreme Court;

One by the State Council, and

One by the Attorney General's Office.

The judges so elected shall appoint the other two from lists presented by the President. The choice of the judges that corresponds to the Supreme Court, the State Council, the President and the Attorney General's Office, must be made within five days after the entry into force of this Constitution. Breach of this duty will constitute a misdemeanor and if the choice is not made by any of the bodies in that term, it will be held by the remaining judges duly elected.

Paragraph 1 .- The members of the Constituent Assembly may be appointed judges of the Constitutional Court under this extraordinary procedure.

Paragraph 2 .- The inability under Article 240 for ministers and judges of the Supreme Court and Council of State is not applicable to the immediate integration of the Constitutional Court which provides this article.

Provisional Article 23 .-

Is endowed with the President of the Republic of specific extraordinary powers that within two months following the promulgation of the Constitution issued by decree, the procedural rules of the judgments and actions that should stock up before the Constitutional Court. At any time Congress may repeal or amend the rules thus established. Pending the issuing of the decree mentioned in paragraph one, the functioning of the Constitutional Court and the processing and dispatch of business at his office, shall be governed by the relevant provisions of Decree 432 of 1969.

Provisional Article 24 .-

Public actions of unconstitutionality filed before June 1, 1991 continue to be heard and must be decided by the Supreme Court within the period prescribed in Decree 432 of 1969. Those that have been filed after that date should be forwarded to the Constitutional Court in the state where they are. Once all processes are decided by the Supreme Court of Justice under the first paragraph of this Article, the Constitutional Court shall cease to exercise their functions.

Provisional Article 25 .-

The President shall appoint the first and only time members of the Disciplinary Chamber of the Supreme Judicial Council. The Administrative Board will be formed in accordance with the provisions of paragraph two of Article 254 of the Constitution.

Provisional Article 26 .-

The processes currently underway in the Disciplinary Tribunal will continue to be heard without interruption by the judges of that body and will take cognizance of the Disciplinary Chamber of the Supreme Judicial Council from installing it.

Provisional Article 27 .-

The Attorney General's Office will begin functioning when are issued special decrees organizing and establishing new criminal proceedings in furtherance of the powers granted by the National Constituent Assembly to the President of the Republic. In the respective decrees may, however, provide that the jurisdiction of the various judicial offices will be assigned as the specific conditions permit, not exceeding June 30, 1992, except for municipal penal judges, whose introduction may extend the term of four years from the issuance of this reform, as decided by the Supreme Judicial Council and the Attorney General's Office.

The current prosecutor of the superior courts, circuit and superior criminal customs and public order will the Attorney General's Office. Other prosecutors are incorporated into the organizational structure and the staffing of the Office. The Attorney General will bring the name, functions and locations of these public servants, and may designate who had held those positions, maintaining their compensation and benefits. The Special Prosecutor for Criminal remain in the structure of the Attorney General's Office. Will also be under the Attorney General's Office, the national leadership and criminal sectional directorates of the technical staff of the judicial police and the criminal magistrates court of the justice system, criminal law enforcement and customs. The National Board of Forensic Medicine of the Ministry of Justice, with its sectional units, will join the Attorney General as a public institution to it. The units are integrated into the Attorney General will go to her with all its human and material resources in the terms established by law to organize.

Provisional Article 28 .-

While issuing the law gives to the judicial authorities knowledge of offenses punishable by imprisonment in the arrest today by the police authorities, they continue to hear them.

Provisional Article 29 .-

For the application at any time of rules that prohibit the reelection of judges of the Constitutional Court, the Supreme Court and Council of State will consider only the elections that will occur after the enactment of the this reform.

Provisional Article 30 .-

Authorize the Government to grant pardons or amnesties for political and related crimes, committed before the enactment of this Act is constitutional, members of guerrilla groups who return to civilian life in terms of the policy of reconciliation. To this end, the Government issued the regulations. This benefit may not extend to crimes against humanity or murder committed outside combat or taking advantage of the helplessness of the victim.

Chapter 4

Provisional Article 31 .-

One month after the installation of the Congress on October 27, 1991, the State Council shall elect the members of the National Electoral Council in proportion to the representation obtained by the parties and political movements in the Congress. This Council will in carrying out their duties until 1 September 1994.

Provisional Article 32 .-

While integrating the National Electoral Council in the terms established by the Constitution, the current composition of this body be expanded to four members appointed by the State Council from lists submitted by parties and movements that are not represented in that, in the proportion of the results of the elections held on December 9, 1990, giving two to the majority list and one for each of the lists represented in votes that followed. Such appointments must be made before July 15, 1991.

Provisional Article 33 .-

The period of the current National Registrar of Civil Status will terminate September 30, 1994. The period of the National Registrar of Civil State referred to in this Constitution shall begin from 1 October 1994.

Provisional Article 34 .-

The President, within not more than eight working days from the promulgation of this Constitution, appoint for a period of three years a citizen who has the function of preventing ex officio or upon request, the use of resources originating from the public treasury or foreign, in election campaigns are carried out in the period indicated, except when the financing of election campaigns under the Constitution or the law. For this purpose the right to seek and obtain the cooperation of the Attorney General's Office, the Comptroller General of the Republic, of all public bodies exercising powers of control and surveillance and the bodies that exercise functions of judicial police.

The President of the Republic shall regulate this arrangement and will provide the designated citizen all the administrative and financial support will be indispensable.

Provisional Article 35 .-

The National Electoral Council will automatically recognize the legal political parties and movements represented in the National Constituent Assembly asked.

Chapter 5

Provisional Article 36 .-

The current Comptroller General's Office and Attorney General's Office will continue in the exercise of their duties, until the Congress elected to the constitutional period 1994-1998, making the new election, which must be done within the first thirty days after installation.

Provisional Article 37 .-

The first Ombudsman to be appointed by the Attorney General's Office from a list submitted by the President within a period not exceeding thirty days.

Chapter 6

Provisional Article 38 .-

The government will organize and integrate, within six months, a Zoning Commission, responsible for conducting studies and formulating before the competent authorities the recommendations it deems appropriate to modify the territorial division of the country to the provisions of the Constitution. The Commission shall perform his duties for a period of three years, but the law may make it permanent. In this case, the same law shall determine the frequency with which they present their proposals.

Provisional Article 39 .-

Is endowed with the President of the Republic of specific extraordinary powers for a term of three months, to issue decrees with the force of law which ensure the organization and operation of the new departments created by the Constitution. In exercising these powers the government may abolish the national institutions responsible for the administration of former town halls and police stations and local authorities to allocate national assets that the Government considers should belong.

Provisional Article 40 .-

Are valid Municipalities created by the departmental assemblies before December 31, 1990.

Provisional Article 41 .-

If during the two years following the date of enactment of this Constitution, Congress does not dictate the law referred to in articles 322, 323 and 324, concerning a special regime for the Capital District of Santa Fe de Bogotá, the Government, once issue the appropriate regulations.

Provisional Article 42 .-

As Congress issued the laws referred to in Article 310 of the Constitution, the Government adopted a decree, the regulations necessary to control the population density of the Department Archipelago of San Andrés, Providencia and Santa Catalina, for the purposes expressed in the same item.

Chapter 7

Provisional Article 43 .-

To finance the operation of the new institutions and meet the obligations of constitutional reform have not been offset by reduced expenditures or transfer of responsibilities, Congress may, by a one-time tax adjustments which have to be assigned exclusively to nation. If, within eighteen months from the date of the installation of Congress, he has not made such adjustments to tax and it is clear that the administration's efforts to streamline the collection and to reduce public expenditure to national level have enough to cover new expenses, the Government may, for once, by a decree having the force of law, make such adjustments.

Provisional Article 44 .-

The fiscal situation for the year 1992 will not be lower than in 1991 in constant pesos.

Provisional Article 45 .-

Districts and municipalities will collect at least during the fiscal year 1992, the shares in the value added tax VAT established by law 12 of 1986. In 1993 go into effect the provisions of Article 357 of the Constitution, on the participation of municipalities in the current national income. The law, however, establish a gradual and progressive transition from 1993 and for a period of three years, after which will come into effect the new allocation criteria set out in that Article. During the transition period the value received by the districts and municipalities in terms of revenue sharing will not be inferior in any case, the amount collected in 1992 in constant pesos.

Provisional Article 46 .-

The national government will operate for a period of five years, a solidarity fund and social emergency, under the Presidency of the Republic. This fund will support projects to support the most vulnerable sectors of the Colombian population. The fund will seek further resources from national and international.

Provisional Article 47 .-

The law shall organize for the areas affected by extreme violence, a social security plan of emergency, which cover a period of three years.

Provisional Article 48 º .-

Within three months following the installation of the Congress, the Government presented the draft law concerning the legal status of public services to the determination of competence and general principles governing the provision of public services and financing and tariff regime, the system of participation of representatives of the municipalities served and users in the management and supervision of state enterprises that provide services, as well as those relating to protection of those rights and duties and marking of the general policies of administration and control efficiency of public services. If at the end of the following two legislatures have not been issued by applicable law, the President will promulgate the draft decrees with the force of law.

Provisional Article 49 .-

In the first legislature following the entry into force of this Constitution, the Government will submit to Congress the bills mentioned in articles 150, paragraph 19, letter d, 189 paragraph 24 and 335, relating to financial, stock market, insurance and any other activities connected with the management, use and investment of funds received from the public. If at the end of the two following regular sessions, this has not promulgated, the President will implement the projects, through decrees with the force of law.

Provisional Article 50 º .-

While issuing the general rules which must be held by the Government to regulate financial activities, securities, insurance, and any other related to the management, use and investment of resources collected from the public, the President shall exercise constitutional authority own involvement in these activities.

Provisional Article 51 º .-

While enactment of legislation, the new board of the Bank of the Republic provisionally appointed by the President within one month after the entry into force of this Constitution, shall assume the functions currently performed by the Monetary Board, which served in accordance with the under the Constitution. The law will determine the entities to which they move development funds administered by the Bank, which, meanwhile, continue to perform this function. The Government will submit to Congress a month after his installation, the draft law on the exercise of the functions of the Bank and the regulations under which the government will issue its statutes in accordance with Article 372 of the Constitution.

Provisional Article 52 º .-

Since the entry into force of this Constitution, the National Securities Commission shall have the character of the Superintendent. The National Government shall provide for the adequacy of the institution to its new character, notwithstanding that the matter may provide for the Government in implementing the provisions of the Provisional Article 20.

Provisional Article 53 º .-

The Government will take administrative decisions and make the budgetary transfers that are necessary to ensure the normal functioning of the Constitutional Court.

Chapter 8

Provisional Article 54 º .-

Adopt, for all constitutional and legal, the results of National Census of Population and Housing held on 15 October 1985.

Provisional Article 55 º .-

Within two years following the entry into force of this Constitution, the Congress shall, after investigation by a special commission that the government will create for this purpose, a law which grants to black communities that have been occupying land fallow in rural areas adjoining the rivers of the Pacific Rim, according to traditional production practices, the right to collective ownership of the areas that will mark the same law. In the special commission in the preceding paragraph shall participate in each case elected representatives of the communities involved. The property shall be sold and recognized only in the terms established by law. The same law will establish mechanisms for  the protection of cultural identity and rights of these communities and to promote economic and social development

Paragraph 1 .- The provisions of this article may be applied to other areas of the country that have similar conditions through the same procedure and previous study and the favorable of the special commission herein provided.

Paragraph 2 .- If at the expiry of the period specified in this article, the Congress has not issued the law that he is concerned, the Government shall do so within six months, by statute with the force of law.

Provisional Article 56 º .-

While issuing the law referred to in Article 329, the government may issue the necessary tax rules and other matters relating to the operation of indigenous territories and their coordination with other local authorities.

Provisional Article 57 º .-

The government will form a commission composed of representatives from government, trade unions, business associations, political and social movements, peasants and informal workers, so that within one hundred eighty days after the entry into force of this Constitution , make a proposal to develop standards on social security. This proposal will support the Government in the preparation of the draft law on the matter be submitted to Congress.

Provisional Article 58 º .-

Authorize the Government to ratify treaties or agreements that have been approved by at least one of the Houses of Congress.

Provisional Article 59 º .-

This Constitution and other acts promulgated by the Constituent Assembly are not subject to any judicial control.

Provisional Article 60 º .-

For purposes of applying sections 346 (a) and 355 (2) constitutional and consistent rules, the national development plan for the years 1993 and 1994 and takes effect until approved by the Congress in the terms and conditions set forth in the present Constitution shall be that of the annual budget laws for income and appropriations of the Nation. The relevant bill submitted by the government develop programs, projects and plans approved by the National Economic and Social Policy (Conpes). In the case of departmental development plans, district and city will be considered approved by the respective territorial public corporation. If presented the draft development plan by the respective head of administration of the local authority, not issued by the public body before the end of regular session following the effective date of this act, that by decree shall issue legal validity. This plan governed by the term prescribed by law. Added by Article 1 of the Legislative Act No. 2 of 1993 (November 1924), "by which transitional measures."

Transitory Article. 61 º .-

The Special Commission established by Article 38 also will meet transitional between 10 and 30 November 1991, the date on which it shall cease to hold office. Reference is made to article 38 of the Code Commission interim or transitional 6 º of the Constitution.