Parliamentary Functions: Lawmaking, Control, and Referendums

Posted on Feb 16, 2025 in Law & Jurisprudence

Parliamentary Functions: An Overview

In joint session, Parliament elects the Head of State and receives their oaths, appoints 5 judges of the Constitutional Court and a third of the Supreme Judicial Council, decides on the prosecution of the President of the Republic and members of Parliament and the Government.

Parliament functions in committees that are very similar in both houses. The Standing Committees number 13, and they are represented by parliamentary groups in proportion to their seats. Both houses can create commissions of inquiry on subjects of public interest. There are also other Joint Standing Committees, including those addressing regional issues.

A Parliament enjoys the privileges of normally representing the nation and not being bound by a binding mandate. The meetings are public, although they may be secret, and they need a quorum to deliberate.

Government Control by Parliament

Government control by Parliament is another function of the chambers, which is carried out through a series of resources, with the principal ones being:

  • The two chambers have to grant the investiture of the Government when it has been appointed by the President of the Republic, and both can submit a vote of confidence in the Government.
  • Questions to the Government that can be written, in committees, or in the plenary. For the latter case, there are questions to answer sessions immediately.
  • Commissions of Inquiry.
  • A request for information by the Commission, leading the government to submit to questions from parliamentarians.
  • The obligation of the Government, established by law, to consult Standing Committees on the contents of the decrees implementing the law, or appointments to public bodies.

These procedures show the dependence of the government on parliament and allow more direct participation of the opposition in controlling its actions.

The Exercise of Legislative Function by Parliament

The exercise of legislative function by Parliament The legislative function is exercised collectively by both Houses. The legislative initiative lies with the Government, every parliamentarian, the Regional Councils, 50,000 voters (popular initiative), and the National Council for Economy and Labor (CNEL). It is dominated by the government and parliamentary initiative.

The proposals may follow different treatments:

  1. Normal procedure, called the seat of reference, bound to the laws dealing with matters constitutional, electoral, legislative delegations to government budgets, international treaties, etc. The process is:
    1. The President of the Assembly refers to one of the permanent committees.
    2. The committee prepares a draft text which it refers to the plenary.
    3. After a general discussion of the project, it is discussed article by article.
    4. A final vote is taken.
    5. The proposal is forwarded to the other House for consideration.
  2. Procedure in Deliberative headquarters. It is also scheduled for consideration, amendment, and approval of projects by the Commission directly, without passing through the House, for transmission later to the other House. This possibility facilitates carrying out compromises between parties of the majority and opposition in the Commission, resulting in consociative practices.

If a House does not approve the project or does not reach an identical text, the project fails. The votes are made by simple majority, although some require a qualified majority. The vote is secret, but after 1988, the public vote was adopted for certain decisions and laws (which relate to constitutional rights or parliamentary regulations, among others).

Upon final approval of the legislative text by the two Houses, the President of the Republic promulgates it and sends it for publication in the Official Gazette, unless it finds that there are legitimate reasons or opportunity to support, through reasoned message, returning the text to parliament for a second reading. If the houses pass it again, the President shall promulgate it.

Referendums

Voters over 18 years participate in referendums. The Constitution provides for three types:

  1. The constitutional review, known as confirmatory, constitutional, or suspension. It must get a majority of valid votes and no quorum of participation.
  2. The referendum for the merger or creation of new Regions and for the passage of a province from one to another Region, prior to the laws to be established.
  3. The referendum abrogativo all or part of a law. Some see it as negative legislature. Excluding the tax laws, the constitutional and budget, amnesty and pardon, and ratification of international treaties.