Constitution of Colombia Part Final

TITLE IX - ELECTIONS AND ELECTORAL ORGANIZATION CHAPTER I - Suffrage and Elections Article 258. Voting is a right and a civic duty. The State shall ensure that will be exercised without any form of coercion and in secret by the citizens in individual cubicles installed in each polling station without prejudice to any electronic or computer. In the election of candidates may be used voting cards numbered and printed on paper that provides security, which will be officially released. Electoral Organization provided equally to instruments in which voters must appear clearly identified under the same conditions the movements and political parties with legal and candidates. The law may establish voting mechanisms that provide more and better guarantees for the free exercise of this right of citizens. PAR? GRAFO 1st. Be repeated only once voting to elect members of a public corporation, governor, mayor, or the first round of presidential elections, when votes constitute an absolute majority white in relation to the valid votes. In the case of one-man election may not be made the same candidates, while in public corporations may not be present to the new election lists that have not reached the threshold.

PAR? GRAFO 2nd. May be implemented to achieve electronic voting speed and transparency in all votes. (Article amended by Legislative Act No. 1 of 2003) Article 259. Those who choose governors and mayors, elected mandate imposed by the program presented by registering as a candidate. The law shall regulate the exercise of the voting program. ARTICLE 260. Citizens elect directly the President and Vice-President, Senators, Representatives, Governors, Congressmen, Mayors, municipal and district councilors, members of local boards, and when appropriate, members of the Constituent Assembly and other authorities or officials point to the Constitution. ARTICLE 261. Repealed (Repealed by Act 796 of 2003) Article 262. The election of President and Vice President may not coincide with another election. The will of Congress on a date separate from the election of departmental and municipal authorities. ARTICLE 263. For all electoral processes, political parties and movements and present single candidates list, the number of members shall not exceed that of providing seats or charges in the respective election. To ensure equitable representation of political parties and movements and significant groups of citizens, public corporations seats will be distributed through the system of figure deliverer from the lists of candidates in excess of a minimum of votes shall not be less than two percent (2%) of those supported for Senate or fifty percent (50%) of the electoral quotient in the case of other corporations, as required by the constitution and the law

When any of the lists of applicants exceeds the threshold, the seats are distributed according to the cipher dealer. The law will regulate the other purposes of this matter. PAR? GRAFO transient. Without prejudice to the exercise of the competences of the Congress for the elections of the territorial authorities to follow the entry into force of this legislation, the National Electoral Council is empowered to within one month after its enactment regularly deal with the issue. In the constituencies which elect two (2) seats shall apply electoral quotient system, subject to a threshold of thirty percent (30%), the electoral quotient. (Article amended by Legislative Act No. 1 of 2003) Article 263-A. The allocation of seats among the members of the respective corporation shall be in the cipher dealer. This is calculated by dividing successively by one, two, three or more the number of votes obtained by each list, sorting the results in a decreasing manner until you get a total number of results equal to the number of seats to be filled. The resulting lower figure is called the dealer. Each list will get as many seats as the figure is contained times in total deliverer of their votes.

Each political party or movement may opt for preferential voting mechanism. In this case, the voter may indicate the candidate of their choice from the list names to appear on the electoral card. The list will be rearranged according to the number of votes obtained by each candidate. The allocation of seats between the respective members will be listed in descending order starting with the candidate receiving the highest number of preference votes. In the case of parties and political movements that have opted for the mechanism of preferential voting, the votes for the party or movement that were not allocated by the voter for any candidate in particular, accounted for the respective effects list application of the rules on the threshold and the amount the dealer, but not account for the reordering of the list. When the voter to vote simultaneously for the party or political movement and the candidate of their choice within the respective list, the vote shall be valid and be counted for the candidate. (Added by Legislative Act No. 1 of 2003) Chapter II - ELECTION OF OFFICERS ARTICLE 264.

The National Electoral Council shall consist of nine (9) members elected by the Congress in full, for an institutional period four (4) years by the cipher dealer, after application of the parties or political movements with legal or alliance. Its members are dedicated public servants, have the same qualifications, disabilities, incompatibilities and rights of the judges of the Supreme Court and may be reelected only once. PAR? GRAFO. The administrative court will decide the electoral nullity action within a maximum of one (1) year. In the case of single instance, by law, the term for deciding not to exceed six (6) months. (Added by Legislative Act No. 1 of 2003) Article 265. Repealed. (Repealed by Act 99 of 2003) Article 266. The National Registrar of Civil Status will be chosen by the Presidents of the Constitutional Court, the Supreme Court and the Council of State, by competitive examination organized by law. His term shall be four (4) years, must meet the same qualifications as required by the Constitution for judges of the Supreme Court and has not exercised functions ber positions in political parties or movements within the year immediately preceding his choice.

May be reelected only once and perform the duties prescribed by law, including management and organization of elections, civil registration and identification of individuals as well as enter into contracts on behalf of the Nation, in cases than that available. The National Registry will be made by public servants who belong to a special administrative career which will be paid solely on merit and to provide for flexible retirement in accordance with the needs of the service. In any case, the positions of administrative responsibility and free elections will be removed in accordance with the law. PAR? GRAFO transient. The period of the current members of the National Electoral Council and National Registrar of Civil Status will last until 2006. The next choice of one and the other shall be in accordance with the provisions of this act. (Added by Legislative Act No. 1 of 2003) TITLE X - CONTROL AGENCIES CHAPTER I - COMPTROLLER GENERAL OF THE REPUBLIC Article 267. Fiscal control is a public function exercised by the Comptroller General's Office, which oversees the fiscal management of the administration and the individuals or entities that manage funds or assets of the nation.

Such supervision shall post and selective form in accordance with the procedures, systems and principles established by law. This may, however, authorize in special cases, monitoring is carried out by private Colombian companies chosen by public competition on the merits, and contracted prior approval of the State Council. Monitoring the fiscal management of the State includes the exercise of financial control, management and outcome, based on the efficiency, economy, equity and valuation of environmental costs. In exceptional cases provided by law, the Comptroller may exercise subsequent control over the accounts of any territorial entity. The Comptroller is a technical entity with administrative and budgetary autonomy. You do not have administrative functions other than those inherent in their own organization. The Comptroller General of the Republic is elected by the Congress in its first month from a list prepared by competitive examination organized for that purpose that the presidents of the Supreme Court, the State Council and the Constitutional Court for an institutional period of four years, by the affirmative vote of a majority of its members. The Comptroller will not belong to the same party or political movement or coalition of President and shall not be reelected.

If the party or political movement to which it belongs to the Comptroller to enter the government, the elected will cease to function and there will be a new election. Property who has pursued this position may not hold any public national or departmental order, except for teaching, or aspire to elected office but a year after the expiry of the period for which he was elected. Only Congress can accept the resignations submitted by the Comptroller and provide the definitive vacancy of office, the temporary absence will be provided by the State Council. To be elected Comptroller General of the Republic must be Colombian by birth and in the exercise of citizenship, have more than 35 years of age, have a university degree, or have been college professor for a period of not less than 5 years, and accrediting Additional qualities required by law. You may not be elected Comptroller General of the Republic who in the year preceding their election has hired its own or through another person with organizations at the national or territorial, who is or has been within the four years preceding the election, a member of Congress or held public office at the national, except teaching.

No one may be elected who has been sentenced to prison for common crimes. When there is absence of the Comptroller General of the Republic shall be elected one new who shall serve until the end of the period that institutional it replaces. In no case may intervene in the nomination or election of the Comptroller individuals within the fourth degree of consanguinity, affinity two and civil legal first for the candidates. PAR? GRAFO. In the event that any of those triples absolute majority, the Board convened within the next week and there will be a new election between candidates who obtained the majority. (Amended by Decree 99 of 2003 - amending subsections 5 and 8) Article 268. The Comptroller General of the Republic shall have the following powers: To prescribe the methods and how to account those responsible for the handling of funds or assets of the nation and state the evaluation criteria, financial and operational results to be followed. Review and close the accounts to be kept responsible for the treasury and determine the degree of efficiency, effectiveness and economy with which they worked.

Keep a record of the public debt of the Nation and the territorial entities. Require reports on fiscal management official employees of any order or any person or public or private entity to manage funds or assets of the nation. Establish liability arising from the fiscal, monetary penalties imposed to be the case, raising the amount and exercise coercive jurisdiction on the extent deducted from it. Conceptualized on the quality and efficiency of internal fiscal control entities and agencies. Submit to Congress an annual report on the status of natural resources and environment. Advocate with relevant authorities, providing evidence respective criminal or disciplinary investigations against those who caused harm to the interests of the State. The Comptroller, under its responsibility, claim, known truth and good faith, the immediate suspension of officials while culminate respective investigations or criminal or disciplinary proceedings. Introduce bills relating to the system of fiscal control and the organization and functioning of the Comptroller General. Provide public tender dependence jobs that created the law.

This will determine a special administrative career selection, promotion and retirement of officers of the Comptroller. Who are prohibited from forming part of the corporations involved in the nomination and election of the Comptroller, giving personal recommendations and policies for employment in his office. Report to Congress and the President of the Republic on the performance of their duties and certification on the status of state finances, according to the law. Issue general rules for harmonizing the fiscal control of all public entities of national and territorial. Other ley.Presentar to bring the House of Representatives to the General Account Budget and Treasury and certify the balance of the Treasury submitted to Congress by the Accountant General. ARTICLE 269. In public institutions, the relevant authorities are required to design and implement according to the nature of their functions, methods and procedures of internal control in accordance with that provided by law, which may make exceptions and authorize the contracting of these services Colombian private companies. ARTICLE 270. The law shall organize the forms and systems of citizen participation that allow management to monitor public compliance at various administrative levels and outcomes.

ARTICLE 271. The results of preliminary investigations conducted by the Comptroller have probative value to the Attorney General's Office and the competent judge. ARTICLE 272. The Fiscal Management control of the territorial law enforcement agencies will be exercised, with austerity and efficiency, by the Comptroller General of the Republic for which it may rely on the technical assistance from foundations, corporations, universities, solidarity economy, or private companies chosen at a public hearing held prior competitive basis. Administrative decisions shall be the exclusive jurisdiction of the Comptroller. The Comptroller's department, district and municipal exist today, are deleted when the Comptroller General's Office determines that you are able to fully assume their duties, which shall occur no later than December 31, 2003. In the transition period will respect the current controllers. The Office of the Comptroller General of the Republic, designated to perform these roles, competition will be chosen by merit and should be native to the respective department. (Amended by Law 796 of 2003) Article 273. At the request of any of the proposers, the Comptroller General of the Republic and other competent authorities fiscal control, order that the act of awarding a tender to take place in open court.

The cases that apply the public hearing mechanism, the way it shall evaluate the proposals and the conditions under which they perform them, are prescribed by law. ARTICLE 274. Monitoring Fiscal Management Office of the Comptroller General of the Republic shall be exercised by an auditor selected by the State Council from a list submitted by the Supreme Court of Justice, institutional period of four (4) years, re-elected for the period immediately following. The law shall determine the manner of exercising such oversight at the departmental, district and municipal levels. Also set the functions, qualifications, disabilities, incompatibilities, prohibitions, and misconduct by way of filling the vacancy of the Auditor, if present. Each year the Auditor General shall submit to the Congress, the Supreme Court and the Council of State, reports on the exercise of fiscal management and development of the above, will render an annual account for such management to the Board of State, which as a body part of the surveillance of fiscal management here assigned, the review and opinion on his demise. (Amended by Decree 99 of 2003) CHAPTER II - THE PUBLIC MINISTRY ARTICLE 275.

The Attorney General's Office is the supreme director of Public Prosecutions. ARTICLE 276. The Attorney General's Office to be elected by the Senate in its first month for a period of four years institution from a list composed of candidates of the Constitutional Court, the Supreme Court and the Council of State with affirmative vote of a majority of its members. Not belong to the same party, political movement or coalition of the President of the Republic and may not be reelected. If the party or political movement to which it belongs Attorney enter to make part of the Government, shall cease to hold elected and there will be a new election. Property who has pursued this position may not hold any public national or departmental order, except for teaching, or aspire to elected office until one year after leaving the service. When there is absence of the Attorney General's Office, a new one is elected who shall serve until the end of the period of that institution that it replaces. PAR? GRAFO. In the event that any of those triples absolute majority, the Board convened within the next week and there will be a new election between candidates who obtained the majority.

PAR? GRAFO transient. Periods to match the Senate shall choose the next Attorney for the time between the completion of the current institutional period and possession of the new Senate in 2006. (Amended by Decree 99 of 2003) Article 277. The Attorney General's Office, by itself or through its representatives and agents shall have the following functions: Monitor compliance with the Constitution, laws, judicial decisions and administrative acts. Protecting human rights and ensure their effectiveness, with the help of the Ombudsman. Defending the interests of society. Defend the collective interests, especially the environment. To ensure the diligent and efficient administrative functions. Exercise vigilance over the official conduct of those who hold public office, including the popular election; preferably exercise disciplinary authority; advance the investigations, and impose appropriate sanctions in accordance with the law. Intervene in the proceedings and before the judicial or administrative authorities, where necessary to defend the legal order, public property, or the fundamental rights and guarantees. To submit an annual report of its activities to Congress. Require public officials and individuals the necessary information.

The others determined by law.

To fulfill its functions, the Office will have judicial police powers, and may bring such actions as it deems necessary. ARTICLE 278. The Attorney General's Office directly exercise the following functions: Detach from office, after hearing and reasoned decision, the public official who commits any of the following offenses: violating the Constitution says so or the law; derive clear and undue advantage equity in the exercise of his office or duties, obstruct, in severe form, the investigations carried out by the Agency or an administrative or legal authority, act with gross negligence in the investigation and disciplinary sanctions for employees of its dependence or in the reporting of offenses known to you because of his tenure. Issue advisory opinions in disciplinary proceedings being carried out against officials subject to special privileges. Submit bills on matters relating to its competence. Urge Congress to issue laws that ensure the promotion, realization and protection of human rights, and enforce the relevant authorities. Render the concept of judicial processes.

Appoint and remove, in accordance with the law, officers and employees of its dependencia.ARTICULO 279. The law shall determine matters relating to the structure and functioning of the Attorney General's Office, it pertains to regulate admission and merit-based competition and the withdrawal of the service, disabilities, incompatibilities, name, quality, remuneration and discipline of all officers and employees of the agency. ARTICLE 280. The prosecutors have the same qualifications, category, remuneration, rights and benefits of judges and senior judges before whom holding the position. ARTICLE 281. The Ombudsman will form part of the public and shall function under the supreme direction of the Attorney General's Office. Be elected by the House of Representatives in the first month of sessions, from a list composed of candidates of the Constitutional Court, the Supreme Court and the Council of State by the affirmative vote of a majority of its members, for a period four-year institution may not be reelected for the next period. When there is absence of the Ombudsman, a new one will be chosen who shall serve until the end of the period that institutional it replaces.

PAR? GRAFO. In the event that any of those triples absolute majority, the Board convened within the next week and there will be a new election between candidates who obtained the majority. (Amended by Decree 99 of 2003) Article 282. The Ombudsman will ensure the promotion, exercise and dissemination of human rights, for which exercise the following functions: To guide and instruct the inhabitants of the Colombian national territory and abroad in the exercise and defense of their rights with the relevant authorities or private entities. Disseminate human rights and recommend policies for their teaching. Invoking the right of habeas corpus and actions to protect, without prejudice to the right of those concerned. Organize and direct the Public Defender in the manner provided by law. Bring class actions on issues related to its competence. Submit bills on matters relating to its competence. Submit reports to Congress on the performance of their duties. The others determined by ley.ARTICULO 283. The law shall determine matters relating to the organization and functioning of the Ombudsman.

ARTICLE 284. Save as otherwise provided in the Constitution and the law, the Attorney General's Office and the Ombudsman may require the authorities the information necessary for the exercise of their functions, but may be opposed to any reservation. TITLE XI - TERRITORIAL ORGANIZATION OF CHAPTER I - GENERAL PROVISIONS Article 285. Outside the general division of the territory, which will be determined by law for the performance of the functions and services provided by the State. ARTICLE 286. They are territorial departments, districts, municipalities and indigenous territories. The law may give the character of local authorities to the regions and provinces to be formed under the terms of the Constitution and the law. ARTICLE 287. The local authorities are free to manage their interests, and within the limits of the Constitution and the law. By virtue of the following rights: Governance by proper authorities. Exercise the powers assigned to them. Managing resources and establish the taxes necessary for the performance of their duties. Participate in revenue nacionales.ARTICULO 288. The organic law shall establish the territorial distribution of powers between the federal and regional authorities.

The competences of the different territorial levels shall be performed according to the principles of coordination, competition and subsidiarity in the terms established by law. As a general rule of jurisdiction between the administrative levels of the organization, the Nation will have to ensure the exercise of international relations and national defense, sovereignty, security and justice, and invest in high-National Infrastructure and standardize and regulate the provision of services, the Departments shall ensure the environment and invest in works of regional interest, monitor and control the delivery of municipal services and they do provide basic services to citizens, ensure local security and investments made that could be financed by the Nation and the Departments in local basic infrastructure. The resources currently running the Government bound Territorial competence will be followed by being transferred to them in constant dollars over the term prescribed by law and until local authorities to generate revenue assigned to them, resources replacing the co-financing. (Amended by Decree 99 of 2003) Article 289. As mandated by law, departments and municipalities in border areas may advance directly to the territorial boundary of the neighboring country, the same level of cooperation and integration programs aimed at fostering community development, public services and preserving the environment.

ARTICLE 290. With the fulfillment of the requirements and formalities prescribed by law, and where it may determine, there will be periodic review of the boundaries of local authorities and published the official map of the Republic. ARTICLE 291. Members of the public corporations of local authorities may not accept any post in government, and if you make them lose their investiture. The controllers and ombudsmen only attend boards and boards that operate in the respective local authorities, they are expressly invited for specific purposes. ARTICLE 292. Deputies and councilors and their relatives to the extent provided by law may not serve on the boards of the decentralized entities of the respective department, district or municipality. They may be appointed as officials of the relevant territorial entity spouses or permanent companions of the deputies and councilors, or their relatives in the second degree of consanguinity, affinity or first civil one. ARTICLE 293. Notwithstanding the provisions of the Constitution, the law will determine the qualifications, disqualifications and incompatibilities, date of possession, sessions, permanent or temporary absence, causes of removal and ways to fill the vacancies of the citizens who are elected by popular vote for the performance of public duties in the territorial entities.

The law shall also make other arrangements for their choice and performance of functions. ARTICLE 294. The law can not grant exemptions or preferential treatment with regard to property taxes for local authorities. You also may not impose surcharges on its taxes, except as provided in Article 317. ARTICLE 295. The local authorities may issue securities and government bonds, subject to financial market conditions and also hire external credit, all in accordance with the law regulating the matter. ARTICLE 296. For the preservation of public order or for its restoration where it has been disturbed, the acts and orders of the President of the Republic shall apply immediately and preferably on the governors and the acts and orders of the governors will apply equally and with the same effects in relation to the mayors. CHAPTER II - THE DEPARTMENTAL SYSTEM Article 297. ARTICLE 298.

ARTICLE 299.

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