Constitution

Chile 2018 Draft Constitution

Table of Contents

Chapter V. The National Congress

Article 46

The National Congress is composed of two houses: the Camara de Diputados and the Senate. Both participate in the formation of the laws according to the Constitution and have the other attributes established by the constitution.

Representatives and Senators represent the entire Republic and are independent of all orders that are counter to their conscience.

Composition and Generation of the Camara de Diputados and the Senate

Article 47

The Camara de Diputados will completely renew its membership every four years.

Article 48

To be elected as a representative requires a person to have citizenship with the right to vote, twenty-one years of age, and have completed secondary school or the equivalent.

Article 49

The Senate is composed of members that are directly elected by senatorial districts, in consideration of the regions of the country, each region will constitute at least one district. The respective organic constitutional law will determine the number of senators, the senatorial districts, and the form of the election.

Senators’ terms will last for eight years and elections will alternate so that they may be held every four years in the form determined by the respective organic constitutional law.

Article 50

To be elected as a senator requires a person to have citizenship with the right to vote, have completed secondary school or the equivalent, and have reached thirty-five years of age by the day of the election.

Article 51

The elections for representatives and senators will be held jointly. Members of the National Congress may be reelected for their role up to two times.

Vacancies for representative or senatorial roles will be filled by a citizen that is elected in the complementary election to be held sixty days after the vacancy.

Exclusive Powers of the Camara de Diputados

Article 52

The exclusive powers of the Camara de Diputados are the following:

  1. To monitor the actions of the government. In order to exercise this power, the Camara de Diputados may:
    1. Adopt agreements or suggest comments, with the vote of the majority of the representatives present, that will be sent to the President of the Republic, who must provide a well-founded response through the corresponding Ministry of the State within thirty days.Notwithstanding the former clause, any Representative may request specific background information from the Government with a favorable vote of a third of the present members of the Cámara. The President of the Republic will issue a response through the corresponding Ministry of the State within the same period indicated by the previous paragraph.

      In no case may the accords, comments, or requests for records affect the political responsibility of the Ministers of State;

    2. To cite a Minister of the State following a petition of at least a third of the representatives in office, with the purpose of questioning the Minister in relation to issues regarding the exercise of his or her office. In all, a single Minister may not be cited for this purpose more than three times within a calendar year without a prior agreement of an absolute majority of the representatives in office.The attendance of the Minister will be obligatory and the Minister must respond to the questions that motivate the citation, and
    3. To create special investigative commissions at the petition of at least two fifths of the representatives in office with the singular purpose of collecting information related to specific acts of the Government. In no case may the issues dealt with in these investigative commissions overlap with those that are under investigation by the Public Ministry or currently within an ongoing legal process.At the petition of a third of their members, the investigative commissions may issue citations and request background information. When cited by these commissions, the Ministers of the State, other employees of the administration, and the personnel of State businesses or those businesses in which the State has majority participation will be obligated to appear and to provide the background information and other information requested by the commissions, with the exception of those that are covered under article 8 of this Constitution and the concerned laws, whose public access is limited or the access to them is denied.

      The Ministers of the State may not be cited more than three times by the same investigative commission without a prior agreement of an absolute majority of the members of the commission.

      The organic constitutional law of the National Congress will regulate the functioning and the powers of the investigative commissions as well as the form in which the rights of persons cited or mentioned in them will be protected.

  2. To declare whether accusations are valid that are made by no less than ten nor more than twenty of its members against the following persons:
    1. The President of the Republic, for acts of his or her administration that have seriously compromised the honor or the security of the Nation, or openly infringed the Constitution or the laws. This accusation may take place while the President is in office and in the six months following the expiration of his or her term.
    2. The Ministers of the State, for having seriously compromised the honor or security of the Nation, for infringing the Constitution or the laws, or having left laws unenforced, and for the crimes of treason, graft, embezzlement of public funds, and bribery;
    3. The magistrate of the superior courts of justice, the Ministers of the Constitutional Tribunal, the Comptroller General of the Republic, the National Attorney General of the Public Ministry, the President of the Council of Defense of the State, the President of the Central Bank, and the President of the Electoral Service for notable neglect of their duties;
    4. The generals or admirals of the institutions pertaining to the Forces of National Defense, the generals, the Director General, the prefectos generales and prefectos inspectores of the Forces of Order and Public Security for having compromised the efficacy of law, public order, public security, or seriously infringed upon the Constitution, and
    5. The regional presidential delegates, provincial presidential delegates, and the authority exercised by the Government in the special territories referred to in article 129, for violation of the Constitution and for the crimes of treason, sedition, embezzlement of public funds, and graft.

    An accusation will be issued in accordance with the organic constitutional law related to the Congress.

    The accusations referred to in letters b), c), d), and e) may take place while the accused is in office or in the three months after the expiration of the accused’s term. In the case of the accusation referred to in letter a) the prior period will be six months. Once an accusation is issued, the accused may not leave the country without permission of the Cámara and may not do so in any case if the accusation is already approved by the Cámara.

    To declare that an accusation against the President of the Republic is valid will require the vote of the majority of the representatives in office.

    In the other cases a majority vote of the present representatives will be required and the accused will remain suspended from his or her functions from the moment in which the Cámara declares that the accusation is valid. The suspension will cease if the Senate rejects the accusation or if a pronouncement is not made within the following thirty days.

    Any action that contravenes the norms set forth in this article is null and will carry the legal consequences set forth in the Constitution and the law.

Exclusive Powers of the Senate

Article 53

The exclusive powers of the Senate are:

  1. To know the accusations that the Cámara de Diputados files according to the prior article.The Senate will decide as a jury and will limit itself to declare whether the accused is or is not guilty of the crime, infraction, or abuse of power that he or she is accused of.

    The declaration of culpability will be pronounced by the two thirds of the senators in office when dealing with an accusation against the President of the Republic, and by a majority of the senators in office in other cases.

    Upon a declaration of guilt, the accused will be removed from office and may not perform any public function, whether popularly elected or not for the period of five years. Of this sanction, the affected authority may appeal before the Constitutional Tribunal in the period of five days. If the accused authority is absolved, he or she will have the right to demand compensation before the competent court of justice for the moral damages caused.

    Once declared guilty, a functionary will be judged according to the laws by a competent court in order to apply the penalty indicated for the crime, if there is one, as well as to make the civil responsibility for the damages and harms caused to the State or to individuals effective;

  2. To decide the validity and admissibility of the legal actions that any person intends to initiate against a Minister of the State, motivated by the harms that may have been suffered unjustly due to an act of the Minister in the course of his or her duty;
  3. To know the conflicts that take place between the administrative or political authorities and the legal tribunals;
  4. To give or not give consent to the acts of the President of the Republic in the cases in which the Constitution or the laws require it.If the Senate does not issue a pronouncement within thirty days after the request for urgency by the President of the Republic, they will have been understood to have granted their agreement;
  5. To grant their agreement so that the President of the Republic may leave the country for longer than thirty days, counting from the day indicated in the third clause of article 24;
  6. To declare the inability of the President of the Republic or of the President elect when a physical or mental impediment inhibits the exercise or his or her duties; and also to declare, when the President of the Republic resigns from his or her position, if the motives behind the resignation have merit and, in consequence, to approve or reject the resignation. In both cases the Constitutional Tribunal must hear the case first;
  7. To approve, by a majority of the members in office, the declaration of the Constitutional Tribunal referred to in number 9 of article 94;
  8. To approve, in a session especially convened for the purpose and with a vote of approval from two thirds of the Senators in office, the designation of the ministers and judicial prosecutors of the Supreme Court and the Nacional Prosecutor.
  9. To give its report to the President of the Republic in cases that it is requested.

In the case of the nominations established in number 8) and prior to a vote, the proposed candidates must deliver a presentation of their nomination to the respective position in a special session before the entire Senate.

The Senate, its commissions, and its other organs, including the parliamentary committees if there are any, may not monitor the acts of the Government or of the entities that depend upon it, nor may it adopt agreements that imply monitoring.

Exclusive Powers of the Congress

Article 54

The powers of the congress are:

  1. To approve or disapprove of the international treaties presented by the President of the Republic prior to their ratification. The approval of a treaty will require the corresponding quorum in both houses in accordance with article 67, and will be subject to the procedures of a law in pertinent matters.The President of the Republic will inform the Congress about the provisions and the scope of the treaty, as well as the reservations that the President intends to confirm or to make.

    The Congress may suggest the formulation of reservations and interpretive declarations to an international treaty, in the course of processing its approval,

    The methods adopted by the President of the Republic or the agreements that the President makes in order to comply with a treaty in force will not require a new approval by the Congress, unless it involves matters under the domain of the law. Treaties made by the President of the Republic in the exercise of the President’s regulatory power will not require the approval of the Congress.

    The provisions of a treaty may only be repealed, modified, or suspended in the form anticipated by those same treaties or according to the general norms of international law.

    The exclusive power to denounce a treaty or to withdraw the country from a treaty, for which the President will request the opinion of both houses of the Congress, in the case of treaties that have been approved by the Congress. Once the denouncement or the withdrawal becomes effective according to the provisions of the international treaty, it will cease to have an effect in the Chilean legal order.

    In the case of a denouncement or a withdrawal of a treaty that was approved by the Congress, the President of the Republic must inform the Congress of it within fifteen days of the action.

    The withdrawal of a reservation that was made by the President of the Republic and that took into consideration the National Congress at the moment of its approval will require prior approval of the National Congress, in accordance with the provisions of an organic constitutional law. The National Congress must issue a pronouncement within thirty days of the receipt of the official communication in which the pertinent agreement was issued. If a pronouncement is not issued within thirty days, the withdrawal of the reservation will be approved.

    In accordance with the law, the Congress must give the necessary publicity to acts related to the international treaty, such as its entrance into force, the creation and withdrawal of a reservation, an interpretive declaration, an objection to a reservation or its withdrawal, as well as the denouncement, withdrawal, suspension, termination, or nullification of the treaty.

    In the treaty’s approval agreement the Congress may authorize the President of the Republic to command the provisions of the treaty with the force of law deemed necessary for proper compliance, being applicable in this case the provisions of article 65, its second clause and the subsequent clauses, and

  2. The Congress will issue a pronouncement with respect to the states of constitutional exception in the form prescribed by the third clause of article 40.

Operations of the Congress

Article 55

The National Congress will meet and initiate its period of sessions in the form determined by its organic constitutional law.

In any case, it will be understood to always be fully empowered to consider declarations of states of constitutional exception.

The organic constitutional law indicated in the first clause will regulate the transmission of constitutional accusations, the qualification of urgency according to the provisions of article 75 and everything related to the internal transmission of the law.

Article 56

The Cámara de Diputados and the Senate may not enter into sessions nor may they adopt accords without the attendance of half of the members in office.

Each of the houses will establish the closing of debate by simple majority within their rules.

Article 57

During the month of July of each year, the President of the Senate and the President of the Cámara de Diputados will publically deliver an account of the activities realized by the corporations presided over by the Congress in a full session.

The regulations of each house will determine the content of this public address and will regulate the form in which this obligation will be met.

Norms for the Representatives and Senators

Article 58

The following may not be candidates for Representative or Senator:

  1. Ministers of the State;
  2. Regional presidential delegates, provincial presidential delegates, regional governors, mayors, regional councilors, provincial councilors, or the subsecretaries;
  3. The members of the Council of the Central Bank;
  4. The magistrates of the superior tribunals of justice and the career judges;
  5. The members of the Constitutional Tribunal, the Tribunal Calificador de Elecciones, and the regional electoral tribunals;
  6. The Comptroller General of the nation;
  7. The natural persons and the managers or administrators of juridical persons that contract with the State;
  8. The Nacional Prosecutor, the regional district attorneys, or the prosecutors of the Public Ministry, and
  9. The Commanders in Chief of the Army, the Navy and the Air Force, the Director General of the Carabineiros, the Director General of the Policia de Investigaciones and the officials pertaining to the Armed Forces and the Forces of Order and Public Security.

The exclusions established in this article will be applicable to those who have the qualities or occupy the previously mentioned roles within the year immediately prior to the election, with the exceptions of persons mentioned in numbers 7 and 8, who are not required to meet this requirement at the time they register their candidacy and persons indicated in number 9, for whom the period of exclusion will be two years prior to the election. If they were not elected in an election, they may not return to the same role nor may they be designated for similar roles to those they held until a year after the election.

Article 59

A role within the Congress is incompatible with any other role, employment, or commission paid by public or private funds. The exceptions are teaching roles in accordance with the law. A representative or a Senator will cease operating another role upon their proclamation by the Tribunal Calificador de Elecciones.

Article 60

No Representative or Senator, from the moment of their proclamation by the Tribunal Calificador de Elecciones may be nominated for an employment, function, or commission referred to in the prior article.

This provision does not apply in cases of external war; nor does it apply to the roles of President of the Republic, Minister of State, or diplomatic agents; only the roles conferred during a state of war are compatible with the functions of Representative or Senator.

Article 61

A Representative or Senator who leaves the country for longer than thirty days without the permission of the house he or she belongs to or, when their house is in recess, the permission of their house’s President will cease their role.

A Representative or Senator that contracts with the State or that acts as an attorney or agent in private transactions of an administrative character, in the provision of public employments, counsellorships, functions or commissions of a similar nature during the exercise of their office will cease their role.

The exclusion referred to within the prior clause will take place whether the Representative or Senator acts for him or herself, for a natural or juridical person, or through a society of persons of which the Representative or Senator is a member.

A Representative or Senator that acts as a lawyer or agent in any class of trial and exercises any influence over the administrative or judicial authorities will cease their role. An equal sanction will apply to members of Congress that promote constitutional accusations through issues related to their private interests.

Without prejudice to the provisions of number 22 of article 19, a Representative or Senator that incites, through speech or through writing, an alteration in public order or promotes change or instability in the institutional legal order through means other than those established by this Constitution, such as abusive use of those means, or that compromises the security or honor of the nation will cease their role.

Whoever loses their role as Representative or Senator for any of the reasons previously indicated may not pursue any public employment or function, whether popularly elected or not, for a period of two years, except in the cases of number 22 of article 19, in which the sanctions outlined in that article will be applied.

A Representative or Senator that seriously infringes the norms established regarding transparency, as well as limits and control on electoral spending, will cease in their role from the date declared through a firm sentence issued by the Tribunal Calificador de Elecciones, upon the request of the Consejo Directivo del Servicio Electoral. An organic constitutional law will indicate the cases in which a serious infraction exists. Additionally, a Representative or Senator that loses their role may not pursue any public employment or function, whether popularly elected or not, for a period of three years, nor may he or she be a candidate to popularly elected roles in the two elections immediately following his or her cessation.

A Representative or Senator will also cease their role if, during the exercise of their role, he or she becomes ineligible or enters into one of the aforementioned causes of exclusion from article 58, without prejudice to the exception contemplated in the second clause of article 60 regarding the Ministers of the State.

Representatives or Senators may resign from their roles when they are affected by a serious illness that impedes their ability to fulfill their role and the Constitutional Tribunal qualifies it to be so.

Article 62

Representatives and Senators are only inviolable for the opinions they manifest and the votes that they cast while fulfilling their duties, in sessions or commissions. This immunity does not apply in all public activity outside of the National Congress, even when the congressperson acts within his or her capacity as a parliamentarian.

No Representative or Senator, from the day of their election or from the day they are sworn in, depending on the case, may be accused or deprived of their liberty, except in the case of flagrant crimes, if the appellate court of the respective jurisdiction, in plenum, does not grant prior authorization declaring that the accusations have merit. This resolution may be appealed to the Supreme Court.

In the case a Representative or Senator is arrested for a flagrant crime, he or she will immediately be placed before the respective appellate court with the corresponding summary information. The tribunal will proceed according to the provisions of the former clause.

From the moment that a firm resolution that the charges have merit is declared, the accused Representative or Senator will be suspended from their role and subject to competent judgement.

Article 63

Representatives and Senators will receive a salary equivalent to the remuneration of a Minister of the State, including all the allowances that correspond to the role.

Matters of Law

Article 64

The only matters of the law are:

  1. Those that in virtue of the Constitution must be objects of organic constitutional laws;
  2. Those that the Constitution demands be regulated by a law;
  3. Those that are an object of codification, be it civil, commercial, procedural, penal, or other;
  4. The basic materials related to the legal regimes covering labor, unions, provisional, and social security;
  5. Those that regulate public honors to great servants;
  6. Those that modify the form or characteristics of the national emblems;
  7. Those that authorize the State, its organisms and the municipalities, to contract loans, which must be for the purpose of financing specific projects. The law must indicate the sources of resources that will be used for debt service. However, a law will be required to authorize the contract of those loans whose expiration exceeds the duration of the term of the current President.The provisions of this number do not apply to the central bank;
  8. Those that authorize the performance of any class of operations that may directly or indirectly compromise the credit or the financial responsibility of the State, its organizations, and the municipalities.This provision does not apply to the central bank;
  9. Those that deal with the norms according to which the businesses of the State and those in which the State participates may control loans, those that in no case may carried out with the State, its organizations or businesses;
  10. Those that deal with the norms regarding the transfer of goods of the State or of the municipalities and regarding their rental or concession;
  11. Those that establish or modify the political or administrative division of the country;
  12. Those that indicate the value, type, and denomination of the currency and the system of weights and measures;
  13. Those that deal with the forces of air, sea, and land that must be maintained in times of peace or war, and the norms to permit the entrances of foreign troops in the territory of the Republic, as well as the exit of national troops from the country;
  14. The others that the Constitution indicates as executive orders of the President of the Republic;
  15. Those that authorize declarations of war, upon proposal by the President of the Republic;
  16. Those that grant general pardons and amnesties as well as those that deal with the general norms according to which the power of the President of the Republic to grant individual pardons and pensions of grace ought to be exercised.The laws that grant general pardons and amnesties require an organic constitutional quorum. However, this quorum will be of two thirds of the Representatives and Senators in office when the crimes considered in article 9 are at issue.
  17. Those that indicate the city in which the President of the Republic must reside, the city in which the National Congress must hold its sessions, and the city in which the Supreme Court and the Constitutional Tribunal must function;
  18. Those that focus on the basis of the procedures that govern the acts of the public administration;
  19. Those that regulate the functioning of lotteries, racetracks, and gambling in general, and
  20. Any other norm of an obligatory and general character that establishes the essential bases of a legal order.

Article 65

The President of the Republic may request authorization from the National Congress to issue orders with the force of law during a period no longer than a year with regard to materials that correspond to the dominion of the law.

This authorization may not extend to the nationality, citizenship, the elections nor to plebiscites, neither may it apply to material included in the constitutional guarantees or material that must be an object of an organic constitutional law.

The authorization may not include powers that affect the organization, attributes, and rules of the functionaries of the Judiciary, the National Congress, the Constitutional Tribunal, nor of the Comptroller General of the Republic.

The law that grants this authorization will indicate the precise material this delegation of power will apply to and may establish or determine the limitations, restrictions, and formalities deemed to be convenient.

Notwithstanding the provisions of the prior clauses, the President of the Republic will remain authorized to set the revised, coordinated, and systematized text of the laws when it is convenient for their improved execution. In the exercise of this faculty, the President of the Republic may introduce the changes if they are indispensable, without altering, in any case, their true meaning and purpose.

The responsibility to review decrees with the force of law corresponds to the Comptroller General of the Republic, requiring him or her to reject them when they exceed or contravene the referred to authorization.

The decrees with the force of law will be held, during their publication, and their time in force, to the same norms that govern the law.

The Formation of Laws

Article 66

The laws may have origin in the Cámara de Diputados or in the Senate, through a message delivered by the President of the Republic or through a motion of any of their members. Motions may not be signed by more than ten Representatives nor by more than five Senators.

An initiative may be presented to the Congress if presented by five percent of the citizens with the right to vote, with a preference that it be delivered and dispatched as determined by the organic constitutional law regarding the National Congress. Matters that are exclusive initiatives of an organ of the State may not be an object of popular initiative.

The laws regarding taxes of any nature, about the budgets of the Public Administration and about recruitment may only originate in the Cámara de Diputados. The laws regarding amnesty and regarding general pardons may only originate in the Senate.

The exclusive initiative for legal projects related to the alteration of the political or administrative division of the country, or with the financial administration or budgeting of the State, including modifications of the Budgetary Law, as well as the materials indicated in numbers 10 and 13 of article 64 will correspond to the President of the Republic.

Additionally, the President of the Republic will also have the exclusive initiative:

  1. To impose, suppress, reduce, or to condone taxes of any class or nature, to establish exemptions or to modify the existing exemptions, and to determine their form, proportionality or progression;
  2. To create new public services or paid employment, whether they are of the State, semipublic, autonomous, or a part of the businesses of the State; to rescind them and to determine their functions or powers;
  3. To contract loans or initiate any other class of operations that may commit the credit or the financial responsibility of the State, the semi-fiscal, the autonomous entities of the regional governments or the municipalities, and to condone, reduce or modify obligations, interests or other financial burdens of any nature established in favor of the Treasury or of the organizations or entities referred to;
  4. To set, modify, grant, or increase remuneration, retirements, pensions, widows and orphans allowances, rents and any other class of emolument, loan, or benefit to the staff in service or in retirement and to the beneficiaries of widows and orphans allowances, as necessary, of the Public Administration and the other organizations and entities previously indicated, as well as to set the minimum remunerations of the workers of the private sector, to obligatorily increase their remunerations and other economic benefits or to alter the bases that serve to determine them; all without prejudice to the provisions of the following numbers;

The National Congress may accept, diminish or reject the services, jobs, emoluments, loans, benefits, expenses and other initiatives regarding the materials proposed by the President of the Republic.

Article 67

The legal norms that interpret constitutional precepts and the legal norms that the Constitution confers the status of an organic constitutional law upon, will be approved, modified, and abolished by the absolute majority of the Representatives and Senators in office.

The other legal norms will require the majority of the members of each house, or the majorities necessary according to the constitution.

Article 68

The proposed Budgetary Law must be presented by the President of the Republic to the National Congress at least three months prior to the date on which the Budgetary Law will take effect; and if the Congress will not dispatch the Budgetary Law within the sixty days following its presentation, the proposal presented by the President of the Republic will govern.

The estimation of the resources that the Budgetary Law and the new resources that are established by any other legal initiative would require will correspond exclusively to the President, with prior notification from the respective technical organization.

The Congress may not approve any new expense from the funds of the nation without at the same time indicating the sources of resources necessary to attend to said expense.

If the source of resources granted by the Congress is insufficient to finance any new expense approved by it, the President of the Republic, upon promulgating the law, with a favorable prior notification from the service or institution through which the new deposits are collected and endorsed by the Comptroller General of the Republic, must reassign or reduce costs to cover said insufficiency.

Article 69

Once presented, a legal proposal must take account of this in a session of the respective house prior to its study by one or more commissions or by the Sala de la Corporación. Special commissions may be established. An organic constitutional law will regulate the formation of the law on matters not covered within this Constitution.

A proposal rejected in general in the house of its origin may not be renovated until after a year. However, the President of the Republic, in the case of a project of his or her own initiative, may solicit that the message passes to the other house and, if it is approved in general by an absolute majority of its present members, it will return to the house it originated within and will only be considered rejected if this house rejects it with a vote of two thirds of its present members.

The discussions, bases and votes about the legal proposals will be public, except in the cases where their materials are covered under article 8 of this Constitution.

Any person or group of persons interested in expressing their opinions about any legal project have the right to be heard before the commissions of the respective house in the form and conditions established by its organic law.

Article 70

Any project may be subject to addition or correction in the corresponding processes, in both the Cámara de Diputados and in the Senate; however, in no case will ideas without direct relation to the fundamental ideas of the project be admitted.

Once approved in the house of origin, it will pass immediately to the other for discussion.

Article 71

A proposal which is rejected in its totality by the revising house will be considered by a mixed commission of an equal number of Representatives and Senators, which will propose the form and mode of resolving the difficulties. The proposal of the mixed commission will return to the house of origin and, to be approved in both the house of origin as well as the revising house, it will require a majority vote of the members from both houses. If the mixed commission does not reach an agreement, or if the house of origin rejects the proposal of this commission, the President of the Republic may request that the revising house declares whether it insists through a vote on the proposal that it approved, requiring a two thirds vote of its present members. Upon the insistence of the revising house, the project will pass to the house that rejected it and will only be understood to be reapproved by the revising house if two thirds of the present members concur.

Article 72

A proposal that is added or amended by the revising house will return to the house of origin, and additions and amendments will be approved in this house with a majority vote of the present members.

If the additions or amendments are not approved, a mixed commission will be formed and will proceed in the same form as indicated in the previous article. In the case that the mixed commission does not produce an agreement to resolve the divergences between the two houses, or if one of the houses rejects the proposal of the mixed commission, the President of the Republic may solicit the house of origin to newly consider the second proposal by the revising house. If the house of origin rejects the addition or modification with two thirds of its present members, there will be no law in this part or in its totality; however, if there is a majority in favor of rejection less than two thirds, the project will pass to the revising house, and will be understood to have been approved with the vote of two thirds of the members of the revising house.

Article 73

Once approved by both houses, a project will be returned to the President of the Republic, who, if he or she also approves, will prepare its promulgation as a law.

Article 74

If the President of the Republic disapproves the project, it will be returned to the house of origin with relevant observations within the period of thirty days.

In no case will observations without direct relevance to the fundamental ideas of the project be admitted, except those considered in the respective message.

If both houses approve the observations, the project will take effect as a law and its promulgation will be the responsibility of the President.

If both houses disapprove of some or all of the observations and insist, through a two thirds vote of their present members, on part of or the entire project approved by them, its promulgation will be the responsibility of the President.

Article 75

The President of the Republic may create urgency in the dispatch of a proposal, in one or in all stages of the process, and in such cases, the respective house must issue a pronouncement within the maximum period of thirty days.

The responsibility to justify the urgency will correspond to the President of the Republic according to the organic constitutional law related to the Congress, which will establish everything related to the internal processing of the law.

Article 76

If the President of the Republic does not return the project within thirty days, beginning the date of its remission, it will be understood that the President approves it and will promulgate it as law.

Promulgation must be made within the periods of ten days, counted from the moment in which it is appropriate.

Publication will occur within five working days after the date on which the promulgation decree is completely processed.

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