Article 141 (Feathers)

From this:

Sección Segunda: De la administración pública

Artículo 141

La Administración Pública está al servicio de los ciudadanos y ciudadanas y se fundamenta en los principios de honestidad, participación, celeridad, eficacia, eficiencia, transparencia, rendición de cuentas y responsabilidad en el ejercicio de la función pública, con sometimiento pleno a la ley y al derecho.

The Public Administration is at the service of the citizens and is based on the principles of honesty, participation, speed, effectiveness, efficiency, transparency, accountability and responsibility in the exercise of the public function, with total submission to the rule of law.

To this:

Artículo 141

Las administraciones públicas son las estructuras organizativas destinadas a servir de instrumento a los poderes públicos, para el ejercicio de sus funciones, y para la prestación de los servicios. Las categorías de administraciones públicas son: las administraciones públicas burocráticas o tradicionales, que son las que atienden a las estructuras previstas y reguladas en esta constitución y las leyes; y “las misiones”, constituidas por organizaciones de variada naturaleza, creadas para atender a la satisfacción de las más sentidas y urgentes necesidades de la población, cuya prestación exige de la aplicación de sistemas excepcionales, e incluso, experimentales, los cuales serán establecidos por el Poder Ejecutivo mediante reglamentos organizativos y funcionales.

The public administrations are the organizational structures destined to serve as instrument to the public powers, for the exercise of their functions, and for the services they provide. The categories of public administrations are: the bureaucratic or traditional public administrations, that are those that takes care of the structures predicted and regulated in this constitution and the laws; and “the misiones”, constituted by organizations of varied nature, created to take care of the satisfaction of the most felt and urgent necessities of the population, whose benefit demands of the application of exceptional systems, and, even experimental, which will be established by the Executive authority by means of organizational and functional regulations.


What this art. 141 modification proposal means?

The original art. 141 only states the function of public administration, and it states very clear that it is intended to serve the citizens. In this proposed modification, it doesn’t state clearly the function anymore, and tries to define a form to accomplish an unclear function. I am not a constitutional lawyer, but constitutions should only state rights and duties very clearly. The form is rarely a constitutional matter, that is what other laws are made for. Let’s see if I can explain myself better.

This proposed reform has some relevant points that deserve the attention of all their citizens:

1.Public administration would not serve the citizens but through the public powers.

The art. 141 proposal states that public administration, functioning as the traditional Max Weber’s bureaucratic model (used by all the countries, from the former Soviet Union to the United States of America), and functioning also as the famous Chavistas Misiones (welcome to the big bureaucracy elephant world of public administration!), are going to be serving to the public powers (poderes públicos), and not to the citizens. The article modified the wording, it does not say public administration is to serve their citizens anymore, but it says “public administration is a tool to public powers that…” . Art. 141 is not clear anymore in defining who the public administration should or not serve.

Why this is not clear if constitutions should be very precise bodies of law?

The devil’s advocate and Chavez can tell me, no! You didn’t understand why I was trying to say, you fool, the Poder Público is also the people´s, represented by this new power called “Citizen power” (or Popular Power). So the public administration, becoming a tool to the public powers and the citizen power will be the same as serving to the people, right? What? No, it’s not! It is not the same to say that people’s rights and duties as a community are the same as individuals’ citizen rights and duties.

It doesn’t have the same meaning.

If one dig deeper into the article that talks about what and whom constitute these “public powers”, one will find that Mr. Chavez is also reforming article 136, the one related to the public powers. In the proposed reform of art 136 the distribution of powers come divided in a territorial manner (popular, municipal, state and national) and as per their functions (legislative, executive, judiciary, citizen and electoral). Chavez is creating two new powers to give the impression of a decentralized autonomy between the government, but the reality is that there is no mention in the constitution that these powers must be autonomous. As a matter of fact, the whole constitutional proposal is aimed at centralized authority, and regulations. That’s why Chavez talks about it as a “block”. The only purpose for a country to structure its government into main powers is only to ensure that they function with autonomy in the most extended sense possible.

Moreover, the important highlight of this art. 136 is that representatives of this new "Citizen power" won’t be constituted by election, but put in by organized human groups. There's no clear wording into how this representatives will be "put" in their jobs, but the reform is very clear in saying that these representatives won’t be “born” through elections. Since those organized human groups won't be able to vote for representatives, the assumption is that some bureaucrat from the socialist party will put these representatives on their jobs and their credibility as unbiased auditors working for the citizens will be very low.

Hence, the “Citizen Power”, the branch of the public powers that will have the same constitutional weight as “individual citizens” in former constitutions, in reality won’t represent the people’s interest but the interest of the people who “put” them there in those jobs. Thus, it’s not the same thing as before the “reform”.

Venezuelans have to consider if this “affidavit” somehow violates the universal declaration of human rights. (art 21, numeral 3?)

What I am getting from all of this? This proposal is telling me, an individual citizen, to surrender my rights and duties regarding public administration to a public power that is not constituted by popular elections, so they can represent me. As a private citizen, as an individual, the only benefit I am getting is that this constitution will consider me an “organic nothing”… which, obviously, is not a benefit at all. My interest as a private citizen won’t be protected whatsoever in this reform and I won’t be able to complain, sue, and watch over the functioning of public administration. Can you imagine which levels will current corruption practices reach?

As a result of this modification, since public administration would not serve directly the people any longer, our money also won’t be working for you constitutionally speaking, but for the interest of the bureaucracy of the party who will control the Venezuelan state. Chavismo already controls it, but with a questionable legitimacy.

In conclusion, our public administration’s monies (Bolivares Fuertes or not) won’t be “ours” anymore, they would be intended for the public powers (and not the citizens), since this constitution is stripping us from our rights as citizens to be served by the state. If we received at the end some type of service form the public administration, we would had to thank Hugo for his graciousness in not taking it all for himself and his varied collection of powers, in his is sharing some breadcrumbs with us. Also, our very Venezuelan traditional right to complain (“derecho a pataleo”) will be gone since we wont have the constitutional right to ask for the services that the public administration owes us since, constitutionally speaking, civil servants are not legally bound to answer to you anymore, citizen of Venezuela.

2. Creation of more bureaucracy.

As consequence of this lack of clarity into whom public administration should serve, our money will be funneled into the already gigantic and very greedy monster of Venezuela’s state bureaucracy, spitting it out and then swallowing it again for another loop (Chavismo always was best at inventing the hardest way to go from point A to point B). I can only think how hard would be for old folks and retired public office personnel to claim for their pensions and social security. It is a horror today where public administration still has to answer to the citizens, it will be hell when you have no right to claim but wait for a mision to pay you whenever they can, or want.

Also, the funny thing is that when the rest of the world is trying to cut bureaucracy, Chavismo makes its goal, in a constitutional way, to make the state as big as it can. The problem with this set up in constitutional stone, is that first of all, it is terribly inefficient, and secondly, if in a few years some folk smarter and less greedy than Chavez and his collection of doofus that work for him come to power, and want to cut bureaucracy, they have to make a constitutional amendment, or propose a constitutional reform about it. That’s why I was writing above that Constitutions shouldn’t be talking about the way things take place. That’s why other bodies of law exist.

3.Why they took out the fundamental principles in which public administration should be based on?

The reform also erased the following from the 1999 original: “Public Administration … based on principles of honesty, participation, speed, effectiveness, efficiency, transparency, ACCOUNTABILITY and responsibility on the exercise of Public service under total submission of the rule of law.”

Why erasing all of this? Well, we saw in point 2 that Chavez is not precisely worried about handling money on an effective way since the amount of bureaucracy will become gigantic with this new constitution. It will be OK to misspend money. The public administration won’t have more constitutional accountability since they would not be required to give answers to any citizens on the things they do or not do, or the way they use money for. So, they all can misspend and do whatever they want without worrying of pesky accountability, not that they are too worried right now, but they have to work hard to cover up, and at the end of the day they know they are committing serious crimes to the nation, that the truth will emerge. With this new constitution, it would be only a matter of gossiping in any newspaper but mishandling money won’t be a crime punished it by law. Are you getting where all of this is going? Any official can be caught with a suitcase full of money, and it won’t be a problem since they can excuse it as some public administration affair. It would be much more easy to cover up any money mishandling.

Venezuelans might ask, but why this is so important? Our public administration during the 4th and the 5th republic have been always mediocre, and much very corrupted, so why worry that this article is been modified the way it is?

Because, my dear countryman, Chavistas are trying to wash their hands like Pontius Pilates so when this government falls it will not be possible to prosecute and hunt down the worst offenders to face justice. They want to dip their hands in the money and not be accountable for it, not even work hard to cover up their corruption deals, as simple as that. Bank robbery to the highest level. And, you can imagine the amount of people, citizens and internationals, who are salivating for this to happen, supporting this bullshit.

Graph taken from the official Venezuelan portal of the Venezuelan constitution of 1999. www.constitucion.ve.

Do you think the new article 141 reflect this graphic at all? For starters, you can erased the man at the last square, yes, the cartoon of the guy who looks like that Independence hero named Bolivar, talking about honesty and responsibility. And the old woman, she can wait at home for some misiones functionary, who for sure won’t be a catire like the one in the cartoon, to knock her door whenever he is allowed to pay her, or never.

Post written by Feathers, who writes her own blog.

Additional private comments to venezuela.constitution.trap@gmail.com, Subject: Art 141

Published originally here.

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Article 230 (Brunilde Sansó)

Old article 230:

The presidential period is of 6 years. The President of the Republic can be reelected immediately, only once, for a new period.

New article 230:

The presidential period is of 7 years. The President of the Republic can be reelected immediately for a new period.

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There are several negative aspects concerning this article that I would discuss in three items.

1.-The illegality of the proposal

To understand the whole impact of this modification, one has to understand that before 1999, the Constitution did not even allow a single reelection. The reason was precisely to avoid that one of the many caudillo-type of president that Venezuelans have witnessed in history would use the Constitution to stay in power forever.

In 1999, the Constitution proposed by Chávez introduced, for the first time in modern times, the figure of a reelection and increased the presidential term from 5 to 6 years. However, just a single reelection was allowed.

Now, Chavez's current proposal is twofold: eliminate reelections limit and increase the length of the Presidential term. It means the possibility of holding power for a longer time and being reelected without restrictions.

This concept is simply unconstitutional because of the following two articles, the first being in the Fundamental Principles of the Constitution.

Article 6.-The Government of the Bolivarian Republic of Venezuela and its political entities is and will always be democratic, participative, decentralized, alternative, responsible, plural and will have revocable mandates.

Article 342.-The object of the Reform is to partially reform and substitute one or several norms that will not modify the structure and the fundamental principles of the constitutional text.

Since Alternation is a Fundamental Principle underlined in Article 6, the Continuous Reelection proposed in this Reform goes against Article 6. Now, Article 342 says that no Fundamental Principle can be touched by a Constitutional Reform. Therefore, the proposed modification is simply unconstitutional.


2.- The Presidential Asymmetry of power introduced by the proposal

When President Chávez is asked about the dangers of allowing continuous reelection, he always states that the People of Venezuela hold the Sovereignty and that based on that principle, they have the right to decide whether they want the President to stay in power.

If one accepts that logic, then one may ask why the People of Venezuela do not hold that Sovereignty when it is time to reelect a governor or a mayor?

Thus, the fact that this principle of continuous reelection is introduced only for the President of the Republic and not for any other elected official shows a clear Asymmetry of Power that is exacerbated in the Presidential figure.


3.- A de-facto Constitutional dictatorship proposal

Those that provide examples of healthy democracies in which continuous reelection is allowed forget that those cases only occur either in Parliamentary systems or mixed systems with strong parliamentary figures. In Parliamentary systems the Prime Minister has power as long as his/her party allows it; the Leader of the opposition is part of the government and for the other governmental entities, strict separation of powers is the norm. Thus, continuous reelection does not pose a threat to democracy because power is well spread and appropriate opposition representation in power is present.

All the other existing cases where continuous reelection is currently allowed (like Cuba) are, in fact, dictatorships.

President Chávez has already unprecedented power. The Supreme Court, The National Assembly, The People's Ombudsman, The General Prosecutor, the Central Bank and, most importantly, The National Electoral Council, are all totally under his grip. Moreover, the proposed Reform will provide him with even larger and more important powers than those that he has accumulated up to now. In fact, Constitutional scholars claim that no President in the history of Venezuela, not even dictator Juan Vicente Gómez, had requested as many powers in a Constitutional Reform.

Under those circumstances allowing continuous reelection in the Constitution would be the equivalent of handling a dictatorship for life to Hugo Chávez, or to whoever happened to be the President of Venezuela under such a Reformed Constitution.

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A related Spanish language version by the author exists here.
Full translation of this post by the author is here.
Published originally in English here.

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Article 11 (Mousqueton)

Preamble: Most constitutions include two basic sets of articles that define what and who are the subjects of the Constitution. This is; What is the country? and, Who are the nationals of that country?

In the Bolivarian Constitution of 1999 the definition of - What is Venezuela? - Is done in Title II, Chapter 1, Articles 10 through 15.

Article 11: “The full sovereignty of the Republic is exercised on the continental and insular spaces,”..... -Click link above to read full text- ....... “public international agreements and by the national legislation” . …….

Comment 1: The first part of the text of the newly proposed article 11 is exactly the same as the one in the Bolivarian Constitution of 1999. The description of the Venezuelan territory in both texts though is extremely thorough by international standards and certainly far more specific than the description in the Constitution of 1961 and its reforms of 1983.

There is a reason for this though, since 1961 substantial changes and legal definitions have been introduced to international laws and more specifically in whole bodies of law such as the Law of the Sea.

While Venezuela was one of the countries that spearheaded the revolutionary United Nations Convention of the Law of the Sea and a signatory of the final document approved in Montego Bay (1982), Venezuela has not ratified the Convention because it has observations to the articles that deal with the delimitation of territories and more specifically with articles 15, 74, 83 and 121(3).

The Bolivarian Constitution of 1999 though has incorporated all of the legal concepts and benefits of the Convention of the Law of the Sea to the Venezuelan Constitution without agreeing or being bound by the articles that it deems are not in the best interest of Venezuela.

In this article, the Bolivarian Constitution of 1999 also incorporated references to the rights of Venezuela over the extraterrestrial space. At this point in time the only practical application of these rights would be the allocation of the orbital slots in what is known as the Clarke geostationary orbit where most communication satellites are located. These slots are allocated by the ITU (International Telecommunications Union) of which Venezuela is a member. By including these references though Venezuela has become a pioneer in the pursuit for a United Nations body of legislation that deals with the increasingly controversial use of space.

… “The President of the Republic may decree Special Military Regions for strategic and defense ends, anywhere in the territory and other geographical spaces of the Republic. He may as well decree Special Authorities in situations of contingency, natural disasters, etc.”

Comment 2: The above mentioned two sentences have been added to the original article 11 of the Bolivarian Constitution of 1999 and is one of the modifications Venezuelans are being asked to vote on. These two sentences though are dangerous, wrong and preposterous in so many ways that I will try my best to be as didactic as possible to explain them.

The last sentence of this paragraph allows the President to decree Special Authorities in “situations of contingency” (“situaciones de contingencia”). The RAE (Royal Spanish Academy) definition of the word “contingencia” (contingency) is: “Posibilidad de que algo suceda o no suceda” (Possibility that something happens or not happens), “Cosa que puede suceder o no suceder” (Thing that might or might not happen). This sentence therefore allows the President to decree Special Authorities for basically any and all reasons; be them real or imagined. The only condition is that they may or may not happen.

Just in case there is any doubt about the unlimited power to appoint Special Authorities in any situation whatsoever the sentence goes on and reinforces this concept by indicating that these authorities can also be appointed for “etc” reasons.

The RAE definition of the word “etc” is: “expr. U. para sustituir el resto de una exposición o enumeración que se sobreentiende o que no interesa expresar. Se emplea generalmente en la abreviatura etc.” (to substitute the rest of an exposition or enumeration that is assumed to be understood or that there is no interest in expressing. Generally It is used in the abbreviation etc.)

.

While Constitutions are expected to be precise and specific it is a fact that even the best written constitutions are sometimes general and even vague. A constitution though can not be “undetermined” and give powers to a President to be used in “undetermined” situations and in “undetermined” ways.

It should be noted that the intention of this sentence is not to provide the President with special powers in case of civil unrest, natural disaster or other emergency situations. The Bolivarian Constitution of 1999 in Title VIII, Chapter 2 articles 337, 338 and 339 already provides special powers to the President to act in these kind of circumstances and regulates the term and scope of those powers.

Comment 3: The dangers this sentence poses to the Venezuelan democracy though go far beyond the semantic implications herein mentioned.

Nowhere, either in the text of the Bolivarian Constitution of 1999 or the modifications being proposed today, is there any reference whatsoever to the term “Autoridades Especiales”. There is therefore no reference as to the power that could be granted to these Special Authorities.

It could be inferred though that since they are appointed in “situations of contingency” (whatever that means) they would have more power than the elected officials and/or constitutionally appointed authorities who would be deemed as incapable of handling such situations. Power, that would emanate directly from the President and that is not limited and/or even regulated by the Constitution.

There is also absolutely no reference anywhere as to the term for which these Special Authorities would be appointed, their salary, where their budget will come from, who are they accountable to, what is their responsibility, what is the scope of their powers and/or what qualifications would be needed to be appointed as such. Under the proposed text anyone could be appointed a Special Authority with absolute power even if the person has a police and/or judicial record and, what is most intriguing, even if they are foreigners.

For all intents and purposes, this last sentence of the proposed modification to article 11 renders the rest of the Constitution useless. It matters little what the Constitution says, because the President can appoint Special Authorities with powers over and above the power of any elected authority and/or constitutionally appointed government official. The President could appoint Special Legal, Economic, Constitutional, Social, Health, Education and even Religious Authorities to oversee and even decide over all aspects of government and/or the branches of power.

Just in case there is any doubt though, the first sentence of the paragraph being proposed in the amendment of article 11 provides an air tight alibi for the President to overcome any legal, jurisprudent and/or constitutional arguments against the use of this power.

Comment 4: In the first sentence of this paragraph the President is granted the power to decree Special Military Regions for “strategic” and defense purposes. Here again language is used loosely to provide the President with an overwhelming power that goes far beyond the Constitution and certainly common sense.

According to the RAE, the definition of “estrategico” (strategic) is the following: “De importancia decisiva para el desarrollo de algo” (Of decisive importance for the development of something). This sentence therefore allows the President to decree a Special Military Region for the only purpose of accomplishing something; whatever that might be.

Special security areas or buffer zones in and around military and valuable infrastructure installations are perfectly normal in every country except for the fact that in this case the intended purpose of the text is not to allow the President to create such security zones but instead to allow the President to be able to create Special Military Regions over vast parts and even the whole Venezuelan territory.

The word “regions” is only mentioned 4 times in the text of the Bolivarian Constitution of 1999 and, except for the text proposed to modify article 11 and a reference to sea regions in the text of article 67, none whatsoever in the text of the other proposed amendments. In every case, except in one, the term it is used as an adjective and in a general way. This should not come as a surprise since “regions” are not part of the political division of Venezuela.

In one case though, the word “region” is used to identify and describe specific territories. By doing so, the Constitution creates precedence as to what a “region” is understood to be and what a Special Military Region would or could encompass.

Article seven in the Temporary Provisions of the Bolivarian Constitution of 1999 creates three regions that encompass all of the Venezuelan territory. Each region includes two or more States and they are created for the purpose of electing native representatives to the National Assembly.

The definition of “regions” is therefore set by the same Constitution in these articles and by precedence they do apply to the definition of Special Military Regions.

As for the administration of these regions, there isn’t a single reference in the Constitution or the modifications being proposed as to how or who would administer these Special Military Regions or, for that matter, what are the rights of the people who live in these regions. In Title V, Chapter II, Articles 236 (5) of the Bolivarian Constitution of 1999 though, the President is granted absolute authority over the National Armed Forces and appointed Commander in Chief. He therefore is the supreme authority of the armed forces and hence the supreme authority over the territories under military control.

Having absolute power over “Special Military Regions” and the Constitutional unlimited power to appoint “Special Authorities” for whatever reason, gives the President absolute power over the Venezuelan territory and the Venezuelan people.

It should be noted that under the proposed modification to the Constitution Special Military Regions do not need to be occupied by the military. Further, the elected authorities and officials within the Special Military Regions may continue to act as such but subject to the decisions of their respective “Special Authority”.

Conclusion: It matters little what the other proposed modifications to the Bolivarian Constitution of 1999 may be; it also matters little what the rest of the Bolivarian Constitution of 1999 may say because, with these two sentences, the President is granted absolute power over everything and everyone in Venezuela while rendering the rest of the Constitution mute.

The implications of the modifications introduced to article 11 are not a matter of ideology or even political, economic or social beliefs. For all intents and purposes you can be a socialist, communist or extreme capitalist and still this modification would be absolutely wrong.

All the other modifications to the Bolivarian Constitution of 1999 that are being proposed have to do with the business and structure of government. In article 11 though Venezuelans are being asked to surrender all their rights to the Venezuelan land and their own freedom by giving absolute power over them to the President; whomever that might be.

While writing these comments I can not help but remember the words of a song, “Solamente Una Vez” (Only one time), composed by Agustin Lara while working in Buenos Aires with some close friends. Most youngsters will not know who Agustin Lara was but they will most likely remember the song since it was part of a Luis Miguel CD (“Segundo Romance”).

The thirdt verse of that song reads; “Una vez nada más se entrega el alma, con la dulce y total renunciación.” (Only once you surrender your soul with the sweetness of total resignation).

Most people believe this song was composed by Agustin Lara to a woman he met in Buenos Aires. The truth though is that this song was composed to a man; his old and dear friend Jose Mojica, when Agustin Lara learned that he had decided to become a Catholic priest even though he was over 40 years old. This song is not about the love of a man for a woman but about the ultimate sweet sacrifice you can do for God; to surrender your soul.

By asking to vote yes for the amendment of article 11 of the Bolivarian Constitution of 1999 Venezuelans are not being asked to choose a political system and/or model of government but indeed they are being asked to surrender their soul and with it, their dignity, their history, their territory and their expectations; a sacrifice that is only reserved for God.

Mousqueton

venezuela.constitution.trap@gmail.com

Spanish language version of this post here.
Published originally here.

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Article 251 (Daniel D)

Article 251
The Council of State is the highest organization for consulting by the State and the National Government. It will exert its attribution with functional autonomy. Its opinions or decisions will not be binding. Its attributions are 1) Emit an opinion on the matter under consultation 2) Watch over the fulfillment of the constitution and the legal framework 3) Pronounce decisions over the matters that are submitted to its consideration and 4) Recommend policies of national interests on those matters that are of special transcendence.
An organic law will be able to determine other functions and/or other competencies.

Even though article 251 and 252 are linked I did discuss article 252 first for two reasons. It was an easy article to offer as a clear exhibit of Chavez wanting to hold center stage alone and everywhere, to the point of reducing the role of the vice-president to very little even though he can remove and name a vice-president at will. But also because for some unaccountable reason, the electronic highlights that I had made on my PDF “refoma” text were lost on article 251 and I did not realize that it was also modified when I later went on to discuss article 252. In the end it did not matter at all for the discussion of article 252 but it allows me to go into a new point: how the “reforma” manages under a certain cover of superficiality and vacuity to prepare very carefully for future situations where the tiniest of challenge to Chavez could arise, something that I might not have highlighted as well if I had discussed both articles simultaneously.

Article 251 is in fact significantly modified in words though not apparently that much in scope. This is the first hint, of course, that this change must be hiding something.

The original version set a gathering of notables under the direction of the vice president. Nothing much was specified. The original article read: it will be on its capacity to recommend policies of national interest. But now we have 4 items for the Council of State! Fascinating when we think that the 1999 article has yet to be applied! That the council has yet to be named! If we read that in article 252 the council only seats when convoked by the president to discuss items proposed by the president, we do wonder about that need to be specific in limiting the scope of the council. Perhaps chavismo wanted to remove this article altogether and did not dare to? Or perhaps chavismo is planning to use this council to announce or to deal with unpopular policies that Chavez might not want to announce alone?

There is a curious item that goes with that logic of using this Council to deal with the consequences of the new constitution. The original article said that the Council of State could be used by the “Administración Pública”, that is, civil service or any branch of the public administration could address directly the Council. That could be the government itself, a state legislature or the sewers administration. Now only the president and the NATIONAL GOVERNEMENT will be able to use the services of this council. Why?

There is in the also modified article 141 an important change: the original text read that the Public Administration was there to serve the citizens. This has been erased and now in the new 141 version the public administration serves the government. Obviously there will be some scheme that will have to oversee the public administration to make sure this one is at the service of the state (and henceforth of the all powerful president). Starting with the vote on this ill called constitutional reform, the public administration branches will lose the ability to consult the Council of State in case they enter into some form of conflict with another administrative branch or, the deity forbids, a direct dependence of the government. Only the government (that is, Chavez direct appointees) will be allowed to start such an administrative inquiry that will rule, we can be sure of that, in favor of the government most of the time. And in the rarest of cases that the State Council might go against something that Chavez wants, well, the decisions are not binding anyway. The beauty of the scheme is that the 5 powers of the state will share the burden of the decision whereas that decision will only benefit the executive power.

There is a last little detail which might not be of much importance but could become very much so. In the original 251 there was just mention of a special law to establish the function and competences of the State Council. In the “reformed article” the law will now require to be “organica”. In Venezuelan law that means that the law must be voted by 2/3 of the National Assembly, and can only be modified by a 2/3 vote. Why such a change? The only explanation we can advance at this time is that the Chavez administration indeed has a plan for the Council of State and that it wants this plan to be iron tight to be able to use it for as long as it needs, just in case a new National Assembly could arise (this 251 article could even allow Chavez to use the Council of State to control even the functioning of the National Assembly!)

Or perhaps the aim is elsewhere: the end of decentralization. Any conflict between a non chavista town hall or state house with the chavista central administration could end up in the docket of the Council of State, if this one is ever installed. Now, the parts of the coming system that Chavez is creating and that he is less likely to control tightly are the small town halls and the states where local electoral surprises could still happen (even with the application of article 11). When these ones will enter into conflict with the central administration, something certain to happen as chavismo has clearly stated its desire to end decentralization, to curtail local powers, to “have direct contact with thousands of communes”, town halls and states will have one less recourse to go to if they want to seek redress from the central state. In fact, the revamped Council of State could be used directly against them as a more expedient way than judicial fiat or legislative process. And there will not be a voice from the provinces to defend them since article 252 takes care of that.

Published originally here.
Spanish version here.


-The end-

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Article 252 (Daniel D)

The council of state is presided by the President of the Republic and it is also includes the President of the National Assembly, the President of the TSJ [high court], the President of the Citizen Power, the President of the Electoral Council and the people that the president of the republic deems necessary to summon to deal with the matter at hand in the consultation.

According to article 251 the council of State was a gathering of certain figures who were supposed to discuss and think about some project of special importance for the nation (Constitutional changes? Decentralization schemes?). Its origin is probably inspired from French constitutional tradition where in addition to propose administrative and constitutional matters to the government, the "Conseil d'Etat" also serves as a chamber which verifies the legality and constitutionality of laws before they are published. It is also an administrative tribunal where administration infighting as well as problems between the pubic service and the public can be settled before they go to judicial trials. The 1999 constitution created this novel figure in Venezuela but with much, much less power than what its inspiration might have been (after all there is a TSJ which covers some of the legal functions of the French Conseil). The Venezuelan council seems to have been intended as a simple gathering of notables to deal with matters of a certain importance that the president could not bother dealing with. As a matter of fact it was never assembled that I know of, and the law that was supposed to describe its function and organization in detail was never passed!

What is noteworthy in this text is the change from the old article. Then the council was presided by the vice president of the republic, 5 folks named by the president, one representative of the national assembly, one representative from the TSJ and one governor named by the other ones. With this composition that council was designed to give something else to do to the vice president of Venezuela, a consultative body who would discuss matters of national importance. Now, in the new structure the council will be completely controlled by the president who will call it as he needs, probably never. Observe that the lone figure of the governor is now excluded while for some inexplicable reason the electoral council now seats in the council.

It seems that the intended purpose for that council will be that of a registration chamber of sorts. Besides making the vice president a lesser function (in addition to the creation of several vice-presidencies it is now excluded of the body it could have directed) the president of the republic, the executive branch of power, will have an opportunity to demonstrate that it is the superior power of the five recognized powers in the 1999 constitution. That council of state will include all the powers but will be gathered only at the suffering of the president, and presided by this one. And the elected governors will not be good enough to send a single voice, lowering their rank even further. The symbol will be strong.

Since it is difficult to conceive that the National Assembly (which names the other powers) will change hands in the foreseeable future, we can safely gather that this council will never be called, unless Chavez decides at some point to create some pageantry. But just in case, Chavez covered his back from such a council putative initiative since in the previous version the vice president could have theoretically called a meeting without notifying the president to examine questions that the president would not like to examine (for example the mental incompetence of a sitting president?). And that, simply, is unacceptable in the new power scheme of Venezuela.

Published originally here.
Spanish version here.

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Original and modified text of constitutional amendments

Herein you will find English translations of both the original text of the articles in the Bolivarian Constitution of 1999 and the text of the proposed amendments to those articles. Translations have either been done or provided by the authors of each post.

Article 11 (Mousqueton)

Original text: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the aforementioned; the continental, insular and maritime air space and the resources located within the aforementioned spaces, including genetic resources, migratory species, derived products and any intangible components that may be present within the aforementioned spaces because of natural causes. The insular space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, to such extent and subject to such conditions as may be determined by public international law and national law. The Republic has rights in outer space and in those areas which are or may be the Common Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public international agreements and by the national legislation.

Modified text: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the aforementioned; the continental, insular and maritime air space and the resources located within the aforementioned spaces, including genetic resources, migratory species, derived products and any intangible components that may be present within the aforementioned spaces because of natural causes. The insular space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, to such extent and subject to such conditions as may be determined by public international law and national law. The Republic has rights in outer space and in those areas which are or may be the Common Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public international agreements and by the national legislation. The President of the Republic may decree Special Military Regions for strategic and defense ends, anywhere in the territory and other geographical spaces of the Republic. He may as well decree Special Authorities in situations of contingency, natural disasters, etc.

Article 16 (Mousqueton)

Original text: For purposes of the political organization of the Republic, the territory of the nation is divided into those of the States, the Capital District, federal dependencies and federal territories. The territory is organized into Municipalities. The political division of the territory shall be regulated by an organic law which shall guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory may be given the status of a State; being allocated part or all of the territorial area concerned.

Modified text: The national territory conforms to the political and territorial objectives and in accordance to the new geometry of power by, a Federal District that will be home to the capital of the Republic, the States, the Oceanic Regions, the Federal Territories, The Federal Municipalities and the Insular Districts. The relevance of the Federal Territories and Federal Municipalities will be subject to the outcome of an approval referendum to be carried through in the respective entity. The States are organized in Municipalities. The primary political unit in the national territory organization will be the city, understood as every population settlement inside a Municipality, and made up by areas or geographic extensions denominated “Communes”. The Communes will be the geo-human cells of the territory y will be made up of “Communities”, each of which will constitute the basic and indivisible spatial nucleus of the Venezuelan Socialist State, where common citizens will have the power to build their own geography and history. Based on the Communities and the Communes, the Popular Power will develop forms of political-territorial communal aggregations, which will be regulated in the Law and that would constitute forms of self government and any other expression of direct Democracy. The Communal City is formed when organized Communities, Communes and self communal governments are established in the totality of its perimeter; Their formation is subject to a popular referendum to be called by the President of the Republic in the Council of Ministers. The President of the Republic, in the Council of Ministers, after an agreement approved by a simple majority of Representatives of the National Assembly, will be able to create by decree, Federal Provinces, Federal Cities and Functional Districts, as well as any other entity allowed by the Law. The Functional Districts will be created to conform to the historic, socio-economic and cultural characteristics of the geographical space as well as based on the economic potentialities that, through them, become necessary to develop for the benefit of the country. The creation of a Functional District implies the preparation and activation of a District Mission with its respective Strategic and Functional Plan by the National Government with the participation of the inhabitants of such Functional District and in permanent consultation with such inhabitants. The Functional District could be conformed by one or more Municipalities or Territorial Lots on them, without regard to the State they belong to. The organization and functionality of the Federal City will be made according to what is established in the respective law and it implies the activation of a Local Mission with its respective strategic development. In the Federal Territory, the Federal Municipality and the Federal City, the national Power will designate the respective authorities for that maximum term indicated in the Lay and subject to revocable mandates. The Federal Provinces will form as units of aggregation and policy coordination on territorial, social and economic matters on the regional level, subject to the national strategic plans and the international strategic outlook of the Venezuelan State. The Federal Provinces will incorporate by aggregating either States or Municipalities, without undercutting the attributions that this Constitution grants them. The political-territorial organization of the Republic will be legislated by an Organic Law.

Article 18 (Mousqueton)

Original text: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic. A special law shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of municipal government the Municipalities of the Capital District and those of the State of Miranda. Such law shall provide for the organization, government, administration, competency as well as resources of the city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and participative character of its government.

Modified text: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The provisions of this article shall not prevent the said National Power from being exercise elsewhere in the Republic. The Venezuelan State will develop an integral policy to articulate a national system of cities, structuring logically and reasonably the relationship between the city and its associated territories and unifying and supporting the local and regional scales in the systematic vision of the country. For that purpose, the State will confront every speculative action in regard to the economic return of the land, the economic unbalances, the asymmetries in the provision of services and infrastructure as well as the conditions of accessibility, physical and economic, of each and everyone of the components of the national system of cities. Every citizen, without discrimination of gender, age, ethnicity, political and religious orientation or social condition, will enjoy and will be holders of the Right to the City, and that right should be understood as the equal benefit received by each one of the citizens as per the strategic role articulated by the city both at the regional urban context and the National System of Cities. A special law shall establish the territorial and political unit of the city of Caracas, which shall be called the “Crib of Bolivar” and “Queen of the Guaraira Repano.” The National Power, through the Executive Power and with the collaboration and participation of all the entities of the National, State and Municipal Public Power as well as the Popular Power, its Communities, Communes and Communal Councils and other social organizations, will take all necessary actions for the urban reorganization, road restructuring, recuperation of the environment, attainment of optimal personal and public security levels, integral reinforcement of the neighborhoods, urbanizations, health, education, sport, entertainment and cultural systems, total recuperation of their center and historical sites, construction of small and medium size Satellite Cities along their territorial axis of expansion and, in general, to accomplish the most humanizing sum possible in the “Crib of Bolivar” and “Queen of the Guaraira Repano. These dispositions will be applicable to the whole National System of Cities and their regional components.

Article 70 (Virginia)

Original text: Means of people’s participation and involvement in the exercise of their sovereignty, in political affairs, among others, are: the election of public officials, the referendum, the consultation of public opinion, mandate revocation, the legislative, constitutional and constituent initiatives, the open town council, and the citizens’ assembly, whose decisions shall be binding. Means of participation in social and economic affairs are: the citizens’ service bureaus, self-management, co-management, all forms of cooperatives, including those of financial nature, credit unions, community enterprises, and other forms of association guided by the values of mutual cooperation and solidarity. The law shall establish conditions for the effective functioning of the means of participation contemplated under the present article.
(text in blue has been removed in the reformed article)

Modified text: Means of people’s participation and involvement in the direct exercise of Their sovereignty, and FOR THE CONSTRUCTION OF SOCIALISM are: the election of public officials, the referendum, the consultation of public opinion, mandate revocation, the legislative, constitutional and constituent initiatives, the open town council, and the citizens’ assembly, THE DECISIONS OF THE LATTER BEING BINDING, THE COUNCILS OF POPULAR POWER (COMMUNAL COUNCILS, WORKERS COUNCILS, STUDENTS COUNCILS, FARMERS COUNCILS, AMONG OTHERS), THE WORKERS DEMOCRATIC MANAGEMENT OF ANY DIRECT OR INDIRECT SOCIAL PROPERTY ENTERPRISE, THE COMMUNAL self-management, FINANCIAL AND MICRO-FINANCIAL COMMUNAL ORGANIZATIONS, COMMUNAL PROPERTY COOPERATIVES, COMMUNAL credit unions, NETWORKS OF FREE ASSOCIATED PRODUCERS, VOLUNTARY WORK, community enterprises and other forms of association constituted to develop values of mutual cooperation and SOCIALIST solidarity. The law shall establish conditions for the effective functioning of the means of participation contemplated under the present article.
(sections in capital letters are new in the reformed article)

The section in parenthesis was modified by the National Assembly in the following way:

…/…THROUGH THE COMMUNAL COUNCILS, WORKERS COUNCILS, STUDENTS COUNCILS, FARMERS COUNCILS, ARTISAN COUNCILS, FISHERMEN COUNCILS, SPORTS COUNCILS, YOUTH COUNCILS, ELDERLY ADULTS COUNCILS, WOMEN COUNCILS, DISABLED PERSONS COUNCILS, AMONG OTHERS…/…

And the last paragraph will say: A NATIONAL LAW, instead of ‘The law”

Article 87 (AIO):

Original text: All persons have the right and duty to work. The State guarantees the adoption of the necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified and decorous living and guarantee him or her the full exercise of this right. It is an objective of the State to promote employment. Measures tending to guarantee the exercise of the labor rights of self-employed persons shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law. Every employer shall guarantee employees adequate safety, hygienic and environmental conditions on the job. The State shall adopt measures and create institutions such as to make it possible to control and promote these conditions.

Modified text: All persons of working age have the right and duty to work. The State will develop policies that generate productive work, and will adopt social measures necessary for each person to achieve an existence which is dignified, decorous and beneficial for themselves and for society. The State will guarantee that in all labor centers safety, hygienic and environmental, and social relations conditions are fulfilled in accordance with human dignity, and will create institutions such as to make it possible to control and promote these conditions. In the application of these principles of co-responsibility and solidarity, the employer will adopt all necessary measures for the fulfillment of these conditions. Work will be subject to the regime established in this Constitution and the laws of the Republic.

Article 90 ( Manuel T.)

Original text: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the benefit of the physical, spiritual and cultural development of workers. Workers are entitled to weekly time off and paid vacations on the same terms as for days actually worked.

Modified text: With the intention that workers have enough time for their integral development; day-shift work hours shall not exceed 6 hours per day and 36 hours per week, and night-shift work hours shall not exceed 6 hours per day and 34 hours per week. No employer shall force its employees to work overtime. Moreover, it (the subject in the Spanish version is tacit, so I’m guessing it refers to the employer as well) shall program and organize the mechanism for the better enjoyment of workers’ free time in benefit of their education, and human, physical, spiritual, ethical, cultural and technical development.
Workers shall have the right to a weekly rest and paid vacations in the same conditions as regular work shifts.

Article 98 (Kensey Amaya)

Original text: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the creative, scientific, technical and humanistic work, as well as legal protection of the author’s rights in his works. The State recognizes and protects intellectual property rights in scientific, literary and artistic works, inventions, innovations, trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by law and the international treaties executed and ratified by the Republic in this field.

Modified text: Cultural creation is free. This freedom includes the right to cultural diversity pertaining to invention, production and dissemination for creative works, scientific, technological, and humanistic, including the legal protection and rights to the author for their work. The state recognizes the rights of all to participate in the cultural community, enjoy the arts, and participate in scientific technological progress, and enjoy their benefits.

Article 100 (Kensey Amaya)

Original text: The folk cultures comprising the national identity of Venezuela enjoy special attention, with recognition of and respect for inter cultural relations under the principle of equality of cultures. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.

Modified text: The Bolivarian Republic of Venezuela is a product of the mixing of various cultures; consequently the State recognizes and values the diversity of its Indigenous, European, and African roots that has created our great South American nation. The popular cultures, of Indigenous and African decent constituting the Venezuelan identity, enjoy special attention by recognizing and respecting its intercultural nature under the principle of cultural equality. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.

Article 115 (Pedro Bernardez)

Original text: The right to own property is guaranteed. Every person has a right to the use, enjoyment, and disposition of his/her goods. Property will be subject to the contributions, restrictions and obligations that the law establishes in the spirit of public use or general interest. It is only in the spirit of public use or general interest, through final judgment and quick payment of fair compensation, that any kinds of goods may be expropriated

Modified text: The different forms of property are recognized and guaranteed. Public property [“la propiedad pública”] is that which belongs to State entities; social property [“la propiedad social”] is that which belongs to the people in its entirety and to the future generations, and may be of two types: indirect social property, when it is exercised by the State in name of the community, and direct social property, when the State assigns it, under different forms and in outlined territories, to one or several communities, to one or several communes [“comunas”], constituting thusly communal property, or to one or several cities, constituting thusly cityward property; collective property [“la propiedad colectiva”] is that which belongs to social groups or persons, for their benefit, use or common enjoyment, of either social or private origin; mixed property [“la propiedad mixta”] is that constituted by the public sector, the social sector, the collective sector and the private sector, in differing combinations, for the utilization of resources or carrying out activities, always subject to the absolute respect of the Nation’s economic and social sovereignty; and private property [“la propiedad privada”] is that which belongs to natural or juristic persons and is recognized over user and consumer goods, and legitimately acquired means of production.
All property, [the comma there is part of the article and not my mistake] will be subject to the contributions, burdens, restrictions and obligations that the law establishes in the spirit of public use or general interest. In the name of public use or general interest, through final judgment and quick payment of fair compensation, the expropriation of any kind of good may be declared, without restricting the right of State officials, [the comma is also part of the article] of previously occupying, [as is this comma] during the judicial process, the goods being expropriated, within the parameters established by law.

Article 136 (Julia)

Original text: The Public Power is distributed between the Municipal Power, the State Power and the National Power. The National Public Power is divided in Legislative, Executive, Judicial, Citizen and Electoral. Each one of the branches of the Public Power has its own functions, but the organs on which its exercise pertains will collaborate with each other in accomplishing the aims of the State.

Modified text: The Public Power is distributed territorially in the following form: the popular power, the municipal power, the state power and the national power. Regarding the content of the functions that it exerts, the public power is organized in Legislative, Executive, Judicial, Citizen and Electoral. The people are the holder of the sovereignty and they exert it directly through the Popular Power. This one is not born of the suffrage nor of election, but it is born of the condition of organized human groups as a basis of the population. The Popular Power expresses constituting the communities, the communes and the self-government of the cities, through the communal councils, workers councils, the student councils, the farmer’s councils and other beings that the law indicates.

Article 141 (Feathers)

Original text: The Public Administration is at the service of the citizens and is based on the principles of honesty, participation, speed, effectiveness, efficiency, transparency, accountability and responsibility in the exercise of the public function, with total submission to the rule of law.

Modified text: The public administrations are the organizational structures destined to serve as instrument to the public powers, for the exercise of their functions, and for the services they provide. The categories of public administrations are: the bureaucratic or traditional public administrations, that are those that takes care of the structures predicted and regulated in this constitution and the laws; and “the misiones”, constituted by organizations of varied nature, created to take care of the satisfaction of the most felt and urgent necessities of the population, whose benefit demands of the application of exceptional systems, and, even experimental, which will be established by the Executive authority by means of organizational and functional regulations.

Article 167 (AIO)

Original text: Are revenues of the States:
(1) Those deriving from their property and the management of their assets.
(2) Charges for the use of their goods and services, fines and penalties, and any charges allocated to them.
(3) Proceeds from the sale of State-owned commodities.
(4) The resources to which they are entitled by virtue of constitutional revenue share (situado constitutional).
The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such entities. During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of the revenue share and of all other ordinary revenues of the State corresponding.
(1) In the event of changes in the revenues of the National Treasury that require an adjustment to the National Budget, the constitutional revenue share shall be adjusted in the same proportion.
(2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving from the constitutional revenue share and the share of the Municipalities therein shall be established by law.
(3) Any other taxes, charges and special contributions that may be allocated to them by national law for the purpose of helping to develop the state treasuries. Laws creating or transferring tax revenues to the States may offset these allocations by means of changes in the other revenue categories indicated in this article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking into account the financial position and sustainability of the National Public Treasury, without neglecting the ability of the state administrative authorities to provide adequately for the services for which they are responsible.
(4) Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent law.

Modified text: Are revenues of the States:
1. Those deriving from their property and the management of their assets.
2. Charges for the use of their goods and services, fines and penalties, and any charges allocated to them.
3. Proceeds from the sale of State-owned commodities.
4. The resources to which they are entitled by virtue of constitutional revenue share (situado constitutional). The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such entities.
During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of the revenue share and of all other ordinary revenues of the State corresponding. In the event of changes in the revenues of the National Treasury that require an adjustment to the National Budget, the constitutional revenue share shall be adjusted in the same proportion.
Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving from the constitutional revenue share and the share of the Municipalities therein shall be established by law.
5. Any other taxes, charges and special contributions that may be allocated to them by national law for the purpose of helping to develop the state treasuries.
Laws creating or transferring tax revenues to the States may offset these allocations by means of changes in the other revenue categories indicated in this article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking into account the financial position and sustainability of the National Public Treasury, without neglecting the ability of the state administrative authorities to provide adequately for the services for which they are responsible.
6. Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent law.

Article 230 (Brunilde Sansó)

Original text: The presidential term is six years. The President of the Republic may be reelected, immediately and once only, to an additional term.

Modified text: The presidential period is of 7 years. The President of the Republic can be reelected immediately for a new period.

Article 251 (Daniel D)

Original text: The Council of State is the highest consultative organ of the Government and the National Public Administration. It shall be charged with making policy recommendations in the national interest with regard to matters recognized by the President* of the Republic as being of particular importance and requiring the Council's opinion. The pertinent law shall determine its functions and powers.

Modified text: The Council of State is the highest organization for consulting by the State and the National Government. It will exert its attribution with functional autonomy. Its opinions or decisions will not be binding. Its attributions are 1) Emit an opinion on the matter under consultation 2) Watch over the fulfillment of the constitution and the legal framework 3) Pronounce decisions over the matters that are submitted to its consideration and 4) Recommend policies of national interests on those matters that are of special transcendence. An organic law will be able to determine other functions and/or other competencies.

Article 252 (Daniel D)

Original text: The Council of State shall be presided over by the Executive Vice President, and shall be also integrated by five members designated by the President of the Republic; one representative designated by the National Assembly; one representative designated by the Supreme Tribunal of Justice and One State Governor designated by all of the States chief executives jointly.

Modified text: The Council of State is presided by the President of the Republic and it is also includes the President of the National Assembly, the President of the TSJ [high court], the President of the Citizen Power, the President of the Electoral Council and the people that the president of the republic deems necessary to summon to deal with the matter at hand in the consultation.

Article 318 (Miguel Octavio)

Original text: The monetary competence of National Authority shall necessarily be exercised exclusively by the Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of Latin American and integration, it shall be permissible to adopt the currency provided for by a treaty signed by the Republic. The Venezuelan Central Bank is a public-law juridical person with autonomy to formulate and implement policies within its sphere of competence. The Venezuelan Central Bank shall perform its functions in coordination with general economic policy, in the interest of attaining the higher objectives of the State and the Nation. In order to provide for the adequate attainment of its objective, the functions of the Venezuelan Central Bank shall include those of formulating and implementing monetary policy, participating in the design of and implementing foreign exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others established by law.

Modified text: The national monetary system has to tend to achieve the essential goals of the State and the well being of the people, above any other consideration.
The Executive Branch and the Venezuela Central Bank, in strict and obligatory coordination, will fix monetary policy and will exercise the monetary competence of the National Power.
The specific objective of the Venezuelan Central Bank, jointly with the Executive Branch, is to attain price stability and preserve the internal and external value of the monetary unit. The monetary unit of the Bolivarian Republic of Venezuela is the Bolivar. In the case that a currency is established in the framework of Latin American and Caribbean integration, that currency that is the subject of treaties subscribed by the Republic can be adopted.
The Venezuelan Central bank is public law entity without autonomy for the formulation and exercising of the corresponding policies and its functions will be subordinated to the general economic policy and the National Development Plan to reach the superior objectives of the Socialist State and the greatest sum of happiness for all of the people.
For the adequate fulfilling of its specific objectives, the Central Bank of Venezuela will have among its functions, shared with the National Executive Power, those of participating in the formulation and execution of monetary policy, in the design and execution of foreign exchange policy, in the regulation of the coinage, credit and fixing interest rates.

Article 320 (Miguel Octavio)

Original text: The State shall promote and defend economic stability, prevent the vulnerability of the economy and see to monetary and price stability, in order to ensure the welfare of society. The ministry responsible for finance and the Venezuelan Central Bank shall contribute to the harmony between fiscal and monetary policy, thereby facilitating the attainment of macroeconomic objectives. In performing its functions, the Central Bank of Venezuela shall not be subject to directives from the National Executive and shall not be permitted to endorse or finance deficit fiscal policies. The coordinated actions of the National Executive and the Venezuelan Central Bank shall be achieved through an annual policy agreement which shall establish the final growth objectives and their repercussion on society, the external balance of payments and inflation, as regards fiscal, foreign exchange and monetary policy; as well as the levels of intermediate and instrumental variables required in order to achieve the aforementioned final objectives. This agreement shall be signed by the President* of the Venezuelan Central Bank and the head of the ministry responsible for finance, and shall be made public at the time of approval of the budget by the National Assembly. It is the responsibility of the signers of the agreement to see that policy actions are consistent with the objectives. The aforementioned agreement shall specify the results expected and the policies and actions designed to achieve the same. The characteristics of the annual economic policy agreement and the mechanisms for submitting an accounting shall be established by law.

Modified text: The state shall promote and defend economic stability, avoid the vulnerability of the economy and watch out for monetary and price stability of the economy, to insure social well-being. Equally, it will watch out for harmony in fiscal and monetary policy for the achievement of macroeconomic objectives (Two whole paragraphs disappear)

Article 321 (Miguel Octavio)

Original text: A macroeconomic stabilization fund shall be established by law for the purpose of guaranteeing the stability of the State's expenses at the national, regional and municipal levels, in the face of fluctuations in ordinary revenues. The operating rules for this fund shall observe the basic principles of efficiency, fairness and nondiscrimination as between the public organs contributing resources to the fund.

Modified text: Within the framework of his function as administrator of international reserves, the Head of State will establish, in coordination with the Venezuelan Central Bank and at the end of each year, the level of necessary reserves for the national economy, as well as the amount of the excess reserves, which will be destined to the funds earmarked by the national Executive Branch for productive investment, development and infrastructure, financing of the "misiones" and overall, in the integral, endogenous, humanist and socialist development. (The FIEM, the macroeconomic stabilization Fund disappears)

Article 328 (Alek Boyd)

Original text: The National Armed Forces constitute an essentially professional institution, with no political orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the integrity of its geographical space, through military defense, cooperation for the purpose of maintaining internal order and active participation in national development, in accordance with this Constitution and the law. In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination. The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which function in an integrated manner within the scope of their competence to fulfill their mission, with their own overall Social Security system, as established under the pertinent organic law.

Modified text: The National Armed Forces constitute an essentially patriotic, popular and anti-imperialist institution organized by the State to guarantee the independence and sovereignty of the Nation; to preserve it from any internal or external attacks and ensure the integrity of its geographic area through the study, planning and execution of the Bolivarian military doctrine, the implementation of the principles of integral military defense and the war of popular resistance, the permanent participation in tasks akin to maintaining security of the citizenry, and the upkeep of the internal order as well as the active engagement in economic, social, scientific and technological development plans in accordance to this constitution and the law.
In the performance of its functions it will always be at the service of the Venezuelan people defending its sacred interests and under no circumstances will serve any oligarchies or imperial foreign powers.
Its fundamental pillars are this constitution and the law, as well as discipline, obedience and subordination.
Its historical pillars are in Bolivar's mandate: to free the nation, to take the sword to defend social guarantees and to deserve people's blessings.

Article 329 (Alek Boyd)

Original text: The Army, Navy and Air Force have as their essential responsibility the planning, execution and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate in the carrying out of these operations, and shall have as its basic responsibility that of conducting operations as required to maintain internal order within the country. The National Armed Forces shall carry out activities of administrative policing and criminal investigation activities as provided for by law.

Modified text: The Bolivarian Armed Forces are formed by the different land, sea and air bodies, administratively organized in the following components: the Bolivarian Army, the Bolivarian Navy, the Bolivarian Air Force, The Bolivarian Territorial Guard and the Bolivarian Popular Militia, said components structured in combined units of assistance, training and joint operations, both at the tactical and strategic level in order to fulfill its mission.
The Bolivarian Armed Forces will be able to perform administrative police and penal investigation activities as mandated by law.

Provisional ordinance (from the National Assembly dispositions)

The National Guard will become an essentially military body that might be destined by its commander in chief to form land, sea and air units as part of other military components. With part of its human, technical and material resources police corps could also be formed. Its military definition will change to that of Territorial Guard.

Another provisional ordinance

The units and components of the military reserve will become units of the Bolivarian Popular Militia.

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