Venezuelan National Assembly: Composition, Powers, and Lawmaking

Posted on Dec 11, 2024 in Law & Jurisprudence

Venezuelan Legislature

1. Composition of the National Assembly (Art. 186 CRBV)

The National Assembly shall be composed of deputies elected in each federal district by universal, direct, personal, and secret ballot with proportional representation, according to a population base of 1.1% of the total population. Each federal district also elects three deputies.

The indigenous peoples of the Bolivarian Republic of Venezuela elect three deputies in accordance with the provisions of the electoral law, respecting their traditions and customs. Each deputy shall have an alternate elected by the same process.

2. Powers of the National Assembly (Art. 187 CRBV)

  1. Legislate in matters of national competence.
  2. Propose amendments and reforms to the Constitution.
  3. Exercise control over the government.
  4. Organize and promote citizen participation.
  5. Order amnesties.
  6. Discuss and approve the national budget.
  7. Authorize additional appropriations to the budget.
  8. Approve the broad outlines of the plan of economic and social development of the nation.
  9. Authorize the Executive to conclude international agreements.
  10. Give a confidence vote to the Vice President and ministers.
  11. Authorize the use of Venezuelan military missions at home and abroad.
  12. Authorize the executive to transfer real estate, the private domain of the nation.
  13. Authorize public officials to accept positions, honors, or rewards from foreign governments.
  14. Authorize the appointment of the Prosecutor and the heads of permanent diplomatic missions.
  15. Agree to National Cemetery honors.
  16. Look after the interests and autonomy of the states.
  17. Authorize the removal of the executive if their absence continues for a period longer than five days.
  18. Approve international treaties or conventions concluded by the executive by law.
  19. Establish its own rules and sanctions.
  20. Determine the qualifications of its members and consider their resignation. The temporary separation of a member can only be decided by a vote of two-thirds of the deputies present.
  21. Organize its internal security service.
  22. Approve and implement its budget, taking into account the financial constraints of the country.
  23. Implement decisions relating to its functioning and administrative organization.
  24. All others indicated in this Constitution and the law.

3. Requirements to be a Deputy of the National Assembly (Art. 188 CRBV)

The requirements to be elected as a deputy of the National Assembly are:

  • Be a Venezuelan by birth or naturalization, with at least fifteen years of residence in Venezuelan territory.
  • Be at least twenty-one years old.
  • Have resided for four consecutive years in the relevant institution before the date of the election.

4. Organization of the National Assembly (Art. 193 CRBV)

The National Assembly appoints ordinary and special Standing Committees. The standing committees, in a number not exceeding fifteen, deal with sectors of national activity. It may also establish temporary committees for research and study, all in accordance with its rules. The Assembly may establish or abolish standing committees by the affirmative vote of two-thirds of its members.

5. The Standing Committee of the National Assembly

The Standing Committee is composed of the President, Vice President of the National Assembly with the powers to appoint temporary committees composed of members of the Assembly, perform the research functions assigned to the Assembly, among others.

6. Definition of Law, Organic Law, and Enabling Law (Art. 202, 203 CRBV)

LAW: An act enacted by the National Assembly in a legislative session. Laws that systematically set norms regulating a particular matter may be referred to as codes.

ORGANIC LAW: As established by this Constitution, those enacted to organize public powers or develop constitutional rights and serve as a framework for other laws. Any draft organic law, except that which this constitution qualifies as such, shall have been previously supported by the National Assembly. Laws that the National Assembly has deemed organic shall be referred, before promulgation, to the Constitutional Chamber of the Supreme Court, to rule on the constitutionality of their organic status. The Constitutional Court will decide within ten days from the date of receipt of the communication. If the Constitutional Court declares that the law is not organic, it loses this character.

ENABLING LAWS: Laws sanctioned by the National Assembly by three-fifths of its members to establish guidelines, objectives, and a framework for matters that are delegated to the President of the Republic, with the rank and force of law. The enabling legislation should set a deadline for its exercise.

7. Discussions to Pass Laws in Venezuela (Art. 207 CRBV)

To become law, every bill shall be debated twice, on different days, following the rules established in this Constitution and the regulations. Once approved, the President of the National Assembly will declare the law enacted.

8. Initiative of Laws (Art. 204 CRBV)

The initiative for laws belongs to the National Executive Power, the Executive Committee and standing committees, and members of the National Assembly (a number not less than three), the Supreme Court in the case of laws concerning the organization and procedures judicial, Citizen Power, in the case of laws relating to the organs comprising, Electoral Power, in the case of laws relating to electoral matters, voters in a number not less than 0.1% of registered voters in the civil and voter registration, and the Legislative Council, in the case of laws relating to States.

9. Parliamentary Immunity (Art. 200 CRBV)

Deputies to the National Assembly shall enjoy immunity in the exercise of their functions from their proclamation until the end of their term or waiver thereof. The Supreme Court will have exclusive jurisdiction over alleged crimes committed by members of the National Assembly. Only the Supreme Court may order, upon authorization of the National Assembly, their arrest and further prosecution. In case of a flagrant offense committed by a legislator, the competent authority will place them under house arrest and immediately notify the Supreme Court of the fact.

Public officials who violate the immunity of the members of the National Assembly will be held criminally liable and punished in accordance with the law.