Wednesday, February 24, 2010

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proposal for political reform by the Institutional Revolutionary Party

• It aims to reform and add 31 constitutional articles.

• Items to reform are 29, 35, 36, 41, 46, 52, 54, 56, 59, 63, 64, 65, 69, 74, 76, 78, 79, 83, 84, 85, 89, 91, 92, 93, 97, 102, 105, 110, 111, 112 and 116 of the Constitution.

• Listed below are the subjects of reform:

I. - Substitution in the absence or disability of the holder of absolute executive power.

reformed Articles 83, 84 and 85 of the Constitution.

argue, that the Secretary of the Interior take care of current business office of the Federal Government while the Congress makes a decision to appoint an interim President, or replacement, as appropriate. As such officer is bounded legitimacy that comes from his appointment by the President and ratified by the Senate (In the terms proposed in this initiative), only serve as manager of the office of the Presidency as Congress makes the appointment as required by the Constitution.

Its role is restricted to being an office manager unable to make vital decisions for the functioning of the administration or country, starting with the inability to dismiss members of cabinet. Be required to submit a work report to Congress within ten calendar days after delivery of the responsibility for someone who has been designated by Congress.

also proposes to add a consideration specific to the case of failure or total inability of the Secretary of the Interior. In this case the replacement shall observe the priority of officials designated for that purpose by the Organic Law of Federal Public Administration, if ratified officials concerned.

addition, this measure becomes unnecessary that the Standing Committee to appoint an interim president, so it is proposed that this power and let this Commission only the authority to convene an extraordinary Congress.

Finally, it is proposed to exempt the new President-whether interim or substitute "the requirement of being Secretary, Secretary, Attorney or Governor six months before his appointment could be interpreted as the fraction VI of article 82.


II .- Ratification of the cabinet.

reformed Articles: 76, 78 and 89 of the Constitution.

The proposal goes in the direction of granting powers to the Senate to ratify, with the exception of holders of National Defense and the Navy Department to all Secretaries of State, as well as holders of PEMEX, the Federal Electricity Commission, National Water Commission and the agency responsible for intelligence and national security and to the holders of the most important regulators of the Mexican state such as the Federal Communications Commission, Federal Competition Commission, the Energy Regulatory Commission and the National Hydrocarbons Commission, which play a strategic role in development the country.

Regarding the procedure for such appointments, it will give you 30 days to Senate to relieve the ratification process, in case of no action at this time, the officer in question shall be ratified. It should be noted that in our proposal that power is exclusive to the Senate, and in no event shall understood to be granted to the Standing Committee in the event that the Senate is in session.

If the opinion appropriate in the negative, the owner of the Federal Executive shall submit a new proposal within a period not exceeding ten days, can not serve as office manager who has been rejected in the process of ratification. If not filed in time and form a new proposal, the position is considered vacant and the owner of the Federal Executive may appoint an office manager for thirty days, by giving notice to the Senate.

In the event of a second negative vote by the Senate, may appoint the official. In any case, you can designate one of the two previously rejected.

It keeps intact the unlimited power of the Chief Executive to remove these officers at the time it deems appropriate.

It states that all cabinet ratified officials leave office after completion of the mandate of the President that it has proposed.

Finally, give powers to the President Elect-once declared as such and that the Senate is in session, to submit for consideration by the Senate the names of its contributors, in advance, with order that already ratified, if applicable, the day he takes office executive.


III .- Re consecutive federal and local legislators. Reformed Articles

: 59 and 116 of the Constitution.

It proposes, in particular, that the Deputies, both federal and local-can be reelected up twice, in order to complete a period of 9 years. For its part, in the case of Senators, it suggests that they may renew their one-time charge , to add a maximum of 12 years in this House.

For local representatives the proposal contains a provision simply enabling, so that each state can make the decision it considers most appropriate to their own reality. Thus fully respecting federalist logic of the Mexican Constitution and opens a space for debate within each State, as befits the plural and democratic Mexico in which we live.


IV .- Reduction in the number of members of the Houses of the Legislature.

reformed Articles: 52, 54, 56, 63, 64 and 65 of the Constitution.

is proposed that the Senate is integrated by 96 Senators. raises the elimination of the 32 MPs elected by proportional representation through the system of lists voted on a single national multi-member constituency.

This proposes the integration of the Senate through the election of three senators from each state, including the Federal District, two elected on the basis of relative majority voting and one assigned to the first minority, as we have Constitutional Article 56 currently.

For the Chamber of Deputies, is set a reduction in the number of legislators , from the current 500 to 400. Are preserved, as is currently regulated, the 300 deputies elected on the principle of relative majority voting, through the system of electoral districts.

Deputies appointed by the principle of proportional representation is reduced to 100, unlike the 200 that currently exist, which will be elected by the list system in a single national constituency, unlike the five constituencies that currently exist.

Finally, it is proposed that no political party can have more than 240 deputies from both principles, except you get more representatives in the principle of relative majority vote by the system of electoral districts.

This measure seeks to maintain the limit Current sixty percent of House members that at most may have a single party, as provided in Article 54, Section IV of the Constitution.


V. - Promoting the work of legislative committees. Reformed Articles

: 64 and 65 of the Constitution.

is proposed that the deputies and senators who do not attend a meeting, without good cause or without permission, diet are deducted for missing a day in .

other hand, states that the committees of the Houses ordinary session from the thirty days prior to the opening of regular sessions to relieve the legislative work pending.


VI .- Accountability, Report of Presidential and parliamentary oversight mechanisms.

reformed Articles: 69, 89, 91, 92 and 93.

The proposal includes the adoption of the following measures for parliamentary control:

• The President shall submit a written report to Congress, being able to physically go to the parliamentary precincts to deliver a message in the forum, in which case, each parliamentary group expressed their views, both the President and each parliamentary group shall be entitled to a reply;

• The President may attend, if it thinks fit, at any plenary sessions of both houses, and take part in forum to present their bills. That power may be delegated to the Secretaries of State;

• The Secretary of State shall submit a report of work in February and September each year and attend each of the cameras should be mentioned, to give explanations of their management. Each camera will have the right to quote them, for that matter, once every six months, and due to discuss his report;

• The parliamentary groups of each chamber have the right to make written questions to the clerks office, which will have 15 days to respond, although this deadline may be extended as much, by agreement of the President of the respective chamber, because of the type and amount of information required , y;

• At the request of at least one third of the members of either house, they may submit a motion of censure the secretaries of State or holders of Petroleos Mexicanos, the Federal Electricity Commission and National Water Commission, the agency responsible for intelligence and national security, the Energy Regulatory Commission, of the Federal Telecommunications Commission, the Federal Competition Commission and the National Hydrocarbons Commission. The approval by both chambers will involve a warning or if so determined, the removal from office.


VII .- Expenditure Budget and Public Accounts. Renewal of the Law of Income and Expenditure Budget of the Federation. Reformed Articles

: 74 and 79 of the Constitution.

The proposal is divided into three sections:

• First, prohibiting the existence of secret items there any , within budget de Egresos de la Federación, por lo que se reforma el cuarto párrafo del artículo 74 constitucional, actualmente en vigor;

• Se establece un mecanismo de reconducción para el caso que llegado el primer día del siguiente ejercicio fiscal, no estén aprobados la Ley de Ingresos, el Presupuesto de Egresos de la Federación o ambos; para ello se dispone que dichos documentos del año anterior seguirán teniendo vigencia, en tanto son aprobados los del ejercicio correspondiente;

• En cuanto a la Cuenta Pública, se adelanta el plazo de presentación -del 30 al 1° de abril-; para la entrega del informe del resultado de su revisión a la Cámara de Diputados -del 20 February of the year following its submission to the January 20, "and for approval, to 30 April of the year following its submission,"

• If the House does not act within that period, the Public Account shall be deemed approved. It also reduced the time to relieve the observations and recommendations, and;

• Eliminates post early and Annuity, for the Supreme Audit Office of the Federation to intervene much more effectively and timely. If an opinion is censorious should fincar responsibilities through the process of motion of censure, to the holders of the Secretaries of State of Petroleos Mexicanos, the Federal Electricity Commission, National Water Commission and the agency responsible for intelligence and national security of the Energy Regulatory Commission, the Federal Communications Commission, the Federal Competition Commission or the National Commission hydrocarbons. The owners concerned may be subjected to the process of motion of censure under this Constitution, with the exclusive participation of the Chamber of Deputies.


VIII .- referendum.

reformed Articles 35, 36 and 41 of the Constitution.

The proposal aims in the sense that the popular consultation can be called on national issues of special importance with three options:

• At the request of the President with the consent of both Houses of Congress;

• At the request of two percent of registered voters in voter upon certification by the number of signatures for the electoral authority, and with the agreement of both Houses of Congress, and;

• At the request of two thirds of the members of both Houses of Congress.

decrees that the electoral authority in addition to certifying the number of signatures on an application for soliciting citizen referendum, " develop the question or questions to be put to consultation, supported by an expert committee formed specifically for this, and will be responsible for organizing this consultation.

also propose that the electoral and fiscal issues are excluded from the referendum, and that the outcome of the consultation will be binding, must participate in at least half of registered voters on the electoral roll.

Additionally, it is noted that the IFE will be responsible for the organization, development, calculation and declaration of results of referendums as a state function.


IX .- Autonomy of Public Prosecutions. Reformed Articles

: 102 and 105 of the Constitution.

The proposal goes in the direction of granting full autonomy the Public Ministry and the Prosecutor in order to decide on its internal organization, operation and management, discipline, appointments and ministerial career, and so on.

Attorney is appointed by the vote of two thirds of the members present in the Senate, without having any interference by the Executive. Shall hold office for four years and may be reelected only once. Can only be removed from their duties under the terms of Title IV of the Constitution.

also to carry out the administration, supervision and discipline of the Attorney General, establishes a Council, which will have technical and managerial independence, like the Council of the Judiciary.

Finally, becoming the Attorney in an autonomous body, in our proposal is recognized capacity to promote actions of unconstitutionality to the President of the Republic, against the laws of federal, state and Federal District.


X. - were constitutional.

reformed Articles: 110, 111 and 112 of the Constitution.

is proposed first, remove impeachment when it comes to the Secretaries of State, as well as holders of Petroleos Mexicanos, the Federal Electricity Commission, National Water Commission and the agency responsible for intelligence and national security, as in the case referred to the process of motion censorship laid down in Article 93 of the Constitution.

whole process is reform of origin declaration under Article 111 of the Constitution. In case of alleged criminal, committed by public officials who have constitutional immunity, and once brought a criminal action by the Attorney General's Office, the trial judge stopped the proceedings and request the President of the Supreme Court's Office to the integration of a special room with 3 ministers, whose sole function is to assess the evidence submitted by the Public Ministry and decide whether to rise to the criminal proceedings.

If so decided by the Special Chamber, the official shall be a judge, to vent the criminal process. As you perform this process, the officer may continue in office. The injunctions that the court determines may not involve deprivation of liberty.

Whenever a conviction, the judge hearing the case the duty roster to the plenary of the Supreme Court of Justice's Office for review. If it is confirmed, the accused shall cease to hold office and shall comply with the penalty.

If it is a member of either House of H. Congress, the decision will be communicated to the respective chamber for a decision if appropriate the removal of the charge and the penalty.

Finally, it is expected that the decisions of the Supreme Court of Justice of the Nation are unassailable. With regard to Article 112 states that once the criminal process can not recover the constitutional immunity.


XI .- Restructuring the power of investigation the Supreme Court's and the powers of the NHRC. Reformed Articles

: 97 and 102 of the Constitution.

is proposed to eliminate the power of investigation, where gross violation of individual rights, currently to the Supreme Court of Justice's Office for transfer to the National Commission on Human Rights.

is established except that the cases are pending at the time of entry into force of reform, will continue venting the Supreme Court's Office until its conclusion.

Additionally, lifting the prohibition arises about the National Commission Human Rights to hear complaints against acts or omissions of an administrative nature of the Judiciary of the Federation, always keeping the inability of this Committee to review judicial estoppel.

Finally, it is proposed to add the second paragraph in subsection B of Article 102 of the Constitution to the effect that officials not to accept a recommendation of the agencies for the protection of human rights to be called before the Houses of Congress Union or the legislatures of the states, as appropriate, in order to explain the reasons underlying its refusal .


XII .- Settlement of disputes on territorial boundaries.

reformed Articles 46, 76 and 105 of the Constitution.

is proposed that the Senate hold the power to approve the agreement to sign the states on border disputes by establishing a reasonable period of one hundred twenty calendar days to rule, intended to give legal certainty to entities involved. The idea is that before the development of opinion, the Commission on the Limits of the Senate refer to the Special Technical Committees of Statistics and Geographic Information. This opinion will be taken into account by the Senate, but will not be binding.

In case of dispute, the Senate would intervene only as a conciliation, if the parties so agree. If not, or whether within this process, the parties do not reach an agreement, establish an arbitration process, in terms that the law

is expected to retain the right, we currently have the states "for use by the constitutional controversy, the Supreme Court's Office.

As far as Article 105, Section I, in the case of constitutional disputes, eliminating the exception in terms of conflict over territory, as in Article 46 it was referred.

regard to the actions carried out by the Senate, removes the requirement that have to be approved by two thirds of the members present, so only a simple majority required.


XIII .- State of Emergency.

Article amended: 29 constitutional.

is proposed, first, to be the President, in accordance with the Heads of the Departments of State and the Attorney General's Office and with the approval of Congress and in the recesses of this, the Commission Standing will convene the manager to suspend individual rights.

is proposed that the Supreme Court of Justice of the Nation review, ex officio, the constitutionality of decrees issued by the Executive during such suspension of rights.

It sets a limit to the guarantees that are subject to suspension. Therefore, it is considered that e n no case may suspend the right to non-discrimination, prohibition of the death penalty, the right to recognition of juridical personality, personal integrity, to name, to protect family, nationality, children's rights, political rights, the prohibition of slavery, freedom of conscience and religion, nor the judicial guarantees essential for the protection of such rights .

The suspension of guarantees must be established and motivated, and be proportionate to the danger he faces, observing the principles of legality, proclamation, advertising and non-discrimination.

addition, at the time to put an end to the suspension of guarantees, either by time or the deadline for the Senate so decides, all measures taken during its term without effect immediately.


XIV .- National Identity.

The proposal is to create an autonomous public body called the National Identity Institute, endowed with legal personality and assets.

This Institute will be responsible for carrying out the constitutional mandate and the provisions of the General Law of Population, in creating the National Population Registry, and issue identification to all the inhabitants of the country.

This entity-independent status, will return the structure and resources of the Federal Register of Electors, ensuring the protection and confidentiality of all information contained in their records.


XV. Transitional arrangements. It

proposed reforms concerning the ratification of the members of the cabinet of President come into force on 1 September 2012 .

Similarly, the proposed transitional arrangements mean that lawmakers integrate the LXI Legislature of the Congress, not to benefit from the reform, if any, should allow immediate reelection . Accordingly it is proposed that reducing the number of members of both Houses of Congress and re-election, enter into force in 2012 .

Regarding the reform of presidential report proposed that the new format carried out from 2011.

To reform the secondary legislation, which required so must be adapted to the new constitutional rules, we propose to establish a period of one year from the date of the publication of the reform, to make such adjustments.

Finally, it establishes a provision concerning the provisions of Article 97 of the Constitution, to ensure the principle of legal certainty.

MEXICO, 2010