Legal basis for administrative requirements at the national level
Venezuela
- Constitutional
- Regulations
Constitution ofVenezuela (1999)
http://venezuelanalysis.com/constitution/
Section Two:Popular Referendum (Optional Referendum)
Article 71: Matters of specialnational transcendence may be referred to a consultative referendum, on theinitiative of the President of the Republic, taken at a meeting of the Cabinet;by resolution of the National Assembly, passed by a majority vote; or at therequest of a number of voters constituting at least 10% of all votersregistered on the national, civil and electoral registry.
Matters ofspecial state, municipal and parish transcendence may also be referred to aconsultative referendum. The initiative shall be taken by the Parish Board, theMunicipal Council and to the Legislative Council, by the vote of two third ofits members; by the Mayor and the Governor or by a number of votersconstituting at least 10% of the total number of voters registered in thepertinent circumscription.
(Recall)
Article 72: All magistrates andother offices filled by popular vote are subject to revocation.
Once half ofthe term of office to which an official has been elected has elapsed, a numberof voters constituting at least 20% of the voters registered in the pertinentcircumscription may extend a petition for the calling of a referendum to revokesuch official's mandate.
When anumber of voters equal to or greater than the number of those who elected theofficial vote in favor of revocation, provided that a number of voters equal toor greater than 25% of the total number of registered voters* have voted in therevocation election, the official's mandate shall be deemed revoked, andimmediate action shall be taken to fill the permanent vacancy in accordancewith the provided for in this Constitution and by law.
Therevocation of the mandate for the collegiate bodies shall be performed inaccordance with the law. During the term to which the official was elected,only one petition to recall may be filed.
(Optional referendum)
Article 73: Bills under discussionby the National Assembly shall be submitted to a referendum when at leasttwo-thirds of the members of the Assembly so decide. If the referendum ends inan affirmative vote of approval, provided that the 25% of the voters registeredbefore the Civil and Electoral Registry have concurred to the election, thebill conceded shall be enacted into law.
Anyinternational agreement, convention or treaty which might compromise thenational sovereignty or transfer authority to supranational organs, may besubmitted to a referendum on the initiative of the President of the Republic,taken at a meeting of the Cabinet by a two-thirds vote of the members of theAssembly or by 15% of the voters registered on the civil and electoralregistry.
(Optional referendum & Citizen’s initiative)
Article 74: Statutes whoseabrogation are requested on the initiative of a number of voters constitutingat least 10% of the voters registered in the civil and electoral registry, orby the President of the Republic taken at a meeting of the Cabinet, shall besubmitted to a referendum for its abrogation in whole or in part.
Decrees withthe force of law issued by the President of the Republic, making use of theauthority prescribed under article 236, section 8 of this Constitution, mayalso be submitted to an abrogatory referendum, when it is requested by a numberof voters constituting at least 5% of the total number of voters registered inthe civil and electoral registry. In order for the abrogatory referendum to bevalid, a number of voters constituting at least 40% of the total number ofvoters registered in the civil and electoral registry shall be essential.
It shall notbe possible to submit budget laws to an abrogatory referendum, neither thoseestablishing or modifying taxes, relating to public credit, to amnesty, theprotection, guaranteeing and developing human rights, nor those which ratifyinternational treaties.
There shallnot be more than one abrogatory referendum on the same matter during the sameconstitutional term.
Title IX: Constitutional reforms (Art. 340-350)
Chapter I: Amendments
(Citizen’s initiative)
Article 341: The procedure foradopting amendments to the Constitution shall be as follows:
(1) The initiative may emanate from 15% of the citizensregistered with the Civil and Electoral Registry, from 39% of the members ofthe National Assembly or from the President of the Republic, sitting with theCabinet of Ministers.
(2) When the initiative emanates from the NationalAssembly, the amendment shall require approval by a majority of the members ofthat body, and shall be debated in accordance with the procedure establishedunder this Constitution for the enactment of laws.
(3) Electoral Power shall submit the amendments to areferendum within 30 days of formally receiving the same.
(4) Amendments shall be deemed approved in accordancewith the provisions of this Constitution and the law concerning the approvalreferendum.
(5) Amendments shall be numbered consecutively and shallbe published beneath the Constitution without altering the text of the latter,but with an annotation at the bottom of the amended article (s) of the numberand date of the amendment modifying the same.
Chapter II:Constitutional Reform
(Mandatory referendum)
Article 342: The purpose ofconstitutional reform is to effect a partial revision of this Constitution andreplacement of one or more of the provisions hereof, without modifying thefundamental principles and structure of the text of the Constitution.
The initiative for a constitutional reform emanates fromthe National Assembly, by resolution approved by a majority vote of themembers, from the President of the Republic sitting with the Cabinet ofMinisters, or at the request of registered voters constituting at least 15% ofthe total number registered with the Civil and Electoral Registry.
Article 343: The initiative for aconstitution reform shall be processed by the National Assembly as follows:
(1) The draft constitutional reform shall be debated forthe first time during the legislative session during which it is submitted.
(2) Second debate title by title or chapter by chapter,as applicable.
(3) Third and last debate article by article.
(4) The National Assembly shall approve the draftconstitutional reform in a time period no latter than two years, counted sincethe date the reform application was submitted and approved.
(5) The draft constitutional reform shall be approvedwith a two third members vote of the National Assembly.
Resolutions onrecalls No 070327-341, issued by the NEC on March 2007
Resolutions onrecalls 030925-465, issued on September 2003
