Congress and Lawmaking Process: A Guide
Congress and Lawmaking
Congress Installation and Term
Article 55 – Congress installs and begins its term as determined by constitutional organic law.
Article 56 – Chambers cannot meet or pass resolutions without the concurrence of one-third of its members. Each chamber establishes closing debate rules by a simple majority.
Incompatibilities and Restrictions
Article 57 – Common rules for Deputies and Senators. The following cannot be candidates for Deputy or Senator:
- Ministers of State
- Mayors, Governors, and other local authorities
- Members of the Central Bank Council
- Judges of superior courts
These positions are incompatible with each other and with any paid employment or commission funded by the Treasury, municipalities, or state-owned enterprises.
Article 58 – Individuals receiving funds from public entities cannot be appointed to positions within the government.
Article 59 – Proclamation by the Qualification Tribunal mentioned in the preceding article.
Article 60 – A Deputy or Senator ceases to hold office if they leave the country for over 30 days without permission or if they influence administrative or judicial authorities.
Other Cessation of Office Cases
Deputies or Senators also cease to hold office if they incite public disorder or endanger national safety (Article 61).
Compensation and Privileges
Article 61 – Congress members are inviolable for opinions expressed and votes cast during their duties.
Article 62 – Deputies and Senators receive an income equivalent to a Minister of State’s salary.
Areas of Law
Article 63 – Areas requiring legislation include:
- Matters specified by the Constitution
- Matters requiring regulation by law
- Codified laws (civil, commercial, etc.)
- Labor, pension, and social security systems
- Public honors
- Modifications to national emblems
Decrees with Force of Law
Article 64 – The President can request authorization from Congress to issue decrees with the force of law for up to one year on matters within the domain of law, excluding certain areas. These decrees are subject to the same rules as regular laws.
Lawmaking Process
Initiation
Article 65 – Bills can originate from the Chamber of Deputies or the Senate, by presidential message or motion signed by members. Specific limitations exist on who can initiate legislation on certain topics.
Exclusive Presidential Initiative
The President has exclusive initiative for laws concerning:
- Taxes
- Creation of public sector jobs
- State finances and loans
- Wages and pensions
- Collective bargaining
- Social security
Quorum
Article 66 – Quorum requirements vary depending on the type of legislation.
Budget Law
Article 67 – The President submits the national budget three months before its effective date.
Legislative Procedure
Article 68 – Bills generally originate in one chamber and pass to the other. Rejected bills may be reconsidered under certain conditions.
Article 69 – The reviewing chamber can make additions or corrections to a bill.
Article 70 – If a bill is entirely rejected by the reviewing chamber, a joint committee attempts to resolve the differences.
Article 71 – If the joint committee fails to reach an agreement, the originating chamber can reconsider the bill.
Presidential Approval
Article 72 – Approved bills are sent to the President for enactment.
Article 73 – The President can return a bill with comments within 30 days. If both chambers insist on the original bill by a two-thirds majority, it becomes law.
Urgency
Article 74 – Urgency for a bill can be requested, and the respective chamber must decide within 30 days.
Promulgation and Publication
Article 75 – If the President doesn’t return a bill within 30 days, it is enacted and published within ten days of promulgation.