Nicaragua 1987 Constitution (reviewed 2014)

TITLE VIII. THE ORGANIZATION OF THE STATE

Chapter I. General Principles

Article 129

The Legislative, Executive, Judicial and Electoral Powers are independent of one another and coordinate harmoniously, subordinated only to the supreme interests of the nation and to what is established in this Constitution.

Article 130

No office confers on its holder more functions than those provided for in the Constitution and the laws. Any public office holder shall act in strict respect of the principles of constitutionality and legality.

The office holders elected by the National Assembly shall continue in their functions following the end of their term in office until their successors are elected and take charge in conformity with the Political Constitution.

Any State official must give an accounting of his/her assets prior to assuming his/her position and after its relinquishment. The law regulates this matter.

Public officials of any power of the State who are directly or indirectly elected, State Ministers and Vice Ministers, the presidents or directors of autonomous and government entities, and the ambassadors of Nicaragua abroad may not obtain any concessions from the State. Neither may they act as trustees or managers of public or private, national, or foreign enterprises when these have dealings with the State. The violation of this provision entails the nullification of the privileges or benefits they may have obtained and causes the loss of their representative function and public office.

The National Assembly, by resolution approved by two-thirds of the votes of its members, may deprive the President or the Vice-President of the Republic of his immunity. With respect to other officials, the resolution must be approved by the assenting vote of the majority of its members. Public officials enjoying immunity in accordance with the Constitution may not be detained or prosecuted if the aforementioned procedure has not been followed, except for matters relating to family and labor rights. Immunity may be waived. This matter shall be regulated by law.

In cases of the removal of immunity from the President or the Vice President of the Republic for criminal offenses, once immunity has been removed, the Supreme Court of Justice in plenum is competent to try them.

In all functions of the sovereign power created by this Constitution, individuals whose relatives are closely connected with the authority making the appointment or, where applicable, with the individual who has granted such authority, may not be appointed. For the appointment of chief officials, the prohibition applies up to the fourth level of consanguinity and to the second level of marital relations. The law shall regulate this matter.

This prohibition does not include the case of appointments relating to the execution of the Law of Civil Service and the Administrative Career, of the Academic Career, of Judicial Career, of the Foreign Service Career, of Career in the Health Sector, of Career in the Municipalities and other similar laws that may be dictated.

Article 131

The public officials are accountable to the people for the proper discharge of their functions and must inform them of their official work and activities. They must pay attention and listen to their problems and try to solve them. Public functions must be exercised for the benefit of the people.

The officials elected by universal suffrage on the basis of closed lists proposed by political parties who switch their allegiance in the exercise of their functions, thus acting contrary to the mandate conferred by the voting population at the polls, shall forfeit their electoral mandate, with their alternate (suplente) taking over the seat.

In the case of officials elected by popular vote on the basis of closed lists proposed by political parties in accordance with the principle of proportional representation, deputies in the National Assembly, deputies in the Central-American Parliament, Municipal Councilors, and Regional Councilors, the list of candidates must contain fifty percent of male and fifty percent of male candidates, presented in a fair and alternating order; the same relation between the sexes must be maintained between the mandate holders and their alternates, where applicable.

The centralized, decentralized or deconcentrated Public Administration serves the general interest with objectivity and is in its activity subject to the principles of legality, effectiveness, efficiency, quality, impartiality, objectivity, equality, honesty, economy, publicity, hierarchy, coordination, participation, transparency and good governance with full submission to the State’s legal order. The law regulates the administrative proceedings, providing the persons concerned with effective administrative remedies, with the exceptions which it establishes.

The legality of the action of the Public Administration shall be governed by the administrative proceedings established by law and the jurisdiction of the administrative law tribunals.

The State shall be financially liable in conformity with the law for the damages caused to individuals in their property, rights and interests as a consequence of actions or omissions by public officials in the exercise of their functions, except in cases of force majeure. The State shall recover the resulting losses from the officials and public employees responsible for the damage. The public officials and employees are personally responsible for the violation of the Constitution, for a lack of administrative integrity and for any other misdemeanor or fault committed in the discharge of their functions.

They are also responsible before the State for the damage that they may cause through abuse, negligence, or omission in the exercise of their position. Civil functions may not be militarized. The civil service and administrative career shall be regulated by law.

Chapter II. Legislative Branch

Article 132

Legislative Power is exercised by the National Assembly through delegation and by the mandate of the people. The National Assembly is composed of ninety members (diputados) and their alternates elected by universal, equal, direct, free, and secret suffrage through the system of proportional representation. In accordance with what is established in the electoral law, twenty national members are elected and seventy members in the departmental and autonomous regions.

An obligation is established to allocate sufficient percentage of the General Budget of the Republic to the National Assembly.

Article 133

The Former President of the Republic and Vice President elected by the people’s direct vote in the immediate previous term shall also be part of the National Assembly as regular members and alternates respectively. The candidates for President and Vice President of the Republic who finish in second place in the election shall be part of the National Assembly as members and alternates.

Article 134

1. The following requirements must be fulfilled in order to be eligible as member of the National Assembly:
   1. Be a national of Nicaragua. Those who adopted another nationality must have renounced it at least four years before the election is held.
   2. Enjoy full exercise of civil and political rights.
   3. Be 21 years old.
   4. Reside continuously in the country for four years prior to the election. This shall not be applicable to those who, during the aforementioned period, were engaged in Diplomatic Missions, were working in International Organizations or pursuing studies overseas. In addition, it is required to be a native or a resident for a two-year period preceding the election date of the Department or Autonomous Region sought to be elected for;
2. The following persons may not run for the National Assembly, as members or alternates:
   1. Government ministers or vice ministers, magistrates of the Judicial Power and of the Supreme Electoral Council, members of the Superior Council of the Office of the Controller General, the Public Prosecutor and Deputy Public Prosecutor, the Human Rights Ombudsman and Deputy Human Rights Ombudsman, the Attorney General, the Adjunct Attorney General and the mayors, unless they resign the office at least 12 months in advance of the election date.
   2. Ministers of any religious cult, unless they have resigned at least 12 months in advance from the election date.

Article 135

No member of the National Assembly may obtain any concession from the State or be the proxy or manager of public, private or foreign enterprises in their contracts with the State. The violation of this rule leads to the annulment of the obtained concessions or benefits and entails the loss of membership of the National Assembly.

Article 136

The members of the National Assembly shall be elected for a period of five years which shall run from their installation, on January 9th of the year following the elections.

Article 137

The elected members of the National Assembly and their alternates shall be sworn in by the President of the Supreme Electoral Council.

The National Assembly shall be inaugurated by the Supreme Electoral Council.

Article 138

The National Assembly has the following functions:

1. To prepare and approve new laws and decrees as well as to amend and repeal existing ones.
2. To give an authentic interpretation of the law.
3. To grant amnesty and pardon on their own initiative or on the initiative of the President of the Republic.
4. To request reports from Ministers and the Deputy Ministers of the state, the Public Prosecutor and the Deputy Public Prosecutor, the presidents and directors of autonomous and governmental entities which are under a strict obligation to submit them. It may also request their personal appearance and explanations. Their appearance shall be compulsory, subject to the same conditions that are observed in judicial proceedings. The unjustified non-appearance constitutes a cause for removal from office.If it is held that there is sufficient cause for initiating removal proceedings, this decision entails the loss of immunity in those cases in which the official concerned enjoys it.

   If the National Assembly considers the official to be unfit for the discharge of his/her office, it shall remove him/her from office by qualified majority of sixty percent of its members, and informs the President of the decision so that he/she gives effect to it within a period of three days.

5. To grant or cancel the juridical personality of civil associations.
6. To consider, discuss, and approve the draft of the Annual Law of the General Budget of the Republic and to be periodically informed of its execution in accordance with the procedure established in the Constitution and the law.
7. To elect the Judges of the Supreme Court of Justice from separate lists proposed for every position by the President of the Republic and by the Deputies of the National Assembly, in consultation with the relevant civilian associations. The deadline for presenting the lists shall be fifteen days counting from the summoning of the National Assembly for their election. In the absence of lists presented by the President of the Republic, the proposals by Deputies of the National Assembly shall be sufficient. Each Judge shall be elected with the approval of at least sixty percent of the Deputies of the National Assembly.Moreover, an equal number of associate judges (Conjueces) shall be elected subject to the same requirements and procedures which apply to the appointment of Magistrates of the Supreme Court of Justice.
8. To elect the members of the Supreme Electoral Council and their alternates from separate lists proposed for each position by the President of the Republic and the Deputies of the National Assembly, in consultation with the relevant civilian associations. The deadline for presenting the lists shall be fifteen days counting from the summoning of the National Assembly for their election. In the absence of lists presented by the President of the Republic, the proposals by the Deputies of the National Assembly shall be sufficient. Each Judge shall be elected with the approval of at least sixty percent of the Deputies of the National Assembly.
9. Elect with the approval of at least sixty percent of the Deputies of the National Assembly from separate lists proposed for each position by the President of the Republic and the Deputies of the National Assembly, in consultation with the relevant civilian associations
   1. The Superintendent and Deputy Superintendent of Banks and other financial institutions.
   2. The Public Prosecutor who shall be in charge of the Public Prosecutor’s Office, and the Deputy Public Prosecutor who must fulfill the requirements needed for a Magistrate of the Supreme Court of Justice.The Public Prosecutor’s Office is an independent institution with organizational, functional and administrative autonomy which has as its mission the indictment of delinquents and the representation of the interests of society and of the victims of crime in penal proceedings through the Public Prosecutor. It is only subordinated to the Political Constitution and the laws.
   3. The members of the Superior Council of the Office of the Comptroller General.
   4. The Ombudsman and Deputy Ombudsman for the Defense of Human Rights.

   All these officials are elected for a five-year term and shall enjoy immunity.

   The candidates proposed for the posts mentioned in subsections 7, 8 and in the present subsection may not be bound by family ties within the fourth level of consanguinity or the second level of marital relations to each other or to the President of the Republic or the members of the National Assembly nominating them, nor may they be members of the national, departmental or municipal leadership of political parties; if they are, they must resign from their party functions.

   The time period for submission of the lists of candidates shall be 15 days, starting with the date of the convening of the National Assembly for their election. If no lists are presented by the President of the Republic, the lists proposed by the Deputies shall be sufficient.

   The National Assembly may convene hearings with the candidates through special committees. The candidates must be duly qualified for the post and their application must include the documentation which is requested from them.

10. To acknowledge, accept and determine the permanent absence of members of the National Assembly. In the following cases their absence is considered permanent and therefore entails the loss of membership status:
    1. Resignation
    2. Death
    3. Final sentence ordering imprisonment or disqualification from the post for an offense which is subject to tough sanction for a period of detention equal to or longer than their remaining term.
    4. Absence from the parliamentary duties for sixty consecutive days within the same legislature without sufficient explanation given to the Leadership Council (Junta Directiva) of the National Assembly
    5. Violation of section 4 of Article 130 of the Constitution
    6. Acceptance of remuneration from state, regional, or municipal funds for a position or employment in other branches of government or state enterprises, except for teaching or medical jobs. Should a member accept to hold a position in another branch of government, he/she may be reinstated as member of the National Assembly only after he/she has resigned from that other position.
    7. Failure to meet the obligation of declaring their assets before the Office of the Comptroller General of the Republic at the time of assuming office.
11. To acknowledge and accept resignations and to decide on the removal from office of the officials mentioned in sections 7, 8, and 9 for the reasons and through the procedures established by law, with at least sixty percent of the total votes of the Deputies of the National Assembly needed if they are to be removed from office.
12. To approve or reject international instruments concluded with states or entities which are subjects of international law.Said international instruments may only be presented, discussed, approved or rejected in total, without the possibility to make amendments or additions to their text. The legislative approval shall give legal effect to them, inside and outside Nicaragua, once they have entered into force internationally through the deposit or exchange of ratifications or the compliance with the conditions and deadlines provided for in the text of the international treaty or instrument.
13. To approve any matter relating to patriotic symbols.
14. To create honorific orders and decorations of a national character.
15. To create and grant its own orders of a national character.
16. To receive the annual report of the President.
17. To elect its Leadership Council.
18. To create permanent, special, and investigative committees.
19. To bestow honorary pensions (pensiones de gracia) and honors on distinguished servants of the homeland and of humanity.
20. To determine the political and administrative division of the national territory.
21. To consider and make recommendations about the economic and social development policies and plans of the country.
22. To fill permanent vacancies in the office of Vice President and in the offices of President and Vice President, should these occur simultaneously.
23. To authorize the departure from the national territory of the President of the Republic when this absence is longer than fifteen days, and that of the Vice President when the President is absent from the national territory.
24. To receive from the judicial authorities or directly from the citizens the charges or complaints pressed against officials enjoying immunity in order to consider and resolve them.
25. To approve or amend the organic law and the rules governing its procedures.
26. To authorize or prohibit the departure of Nicaraguan troops from the national territory.
27. To create, approve, amend, or terminate taxes and approve planned municipal rates.
28. To approve, reject, or amend the Executive Decree which declares the suspension of constitutional rights and guarantees or the state of emergency, as well as their extensions.
29. To receive annually the reports from the President of the Superior Council of the Office of the Comptroller General or from the person designated by the Council; from the Human Rights Ombudsman; from the Public Prosecutor; from the Superintendent of Banks and Other Financial Institutions and from the President of the Central Bank, without prejudice of other information that may be required from them.
30. To ratify within a delay not exceeding fifteen working days by vote of a simple majority of its total membership the appointment made by the President of the Republic to the offices of Minister and Deputy Minister of the State, Attorney General and Deputy Attorney General, heads of diplomatic missions and presidents or directors of autonomous and governmental entities. The appointment is not considered as valid until the National Assembly has ratified it. If ratification does not take place the President of the Republic shall make a new appointment within thirty working days; the new appointment is subject to the aforementioned ratification procedure.
31. To hold ordinary and extraordinary sessions.
32. Others functions conferred on it by the Constitution and the laws.

Article 139

Members of the National Assembly shall not be liable for opinions expressed and votes cast in the National Assembly and enjoy immunity in conformity with the law.

Article 140

The right to initiate legislation belongs to:

1. Each of the Deputies of the National Assembly who also enjoy the right to initiate decrees, resolutions, and legislative declarations.
2. The President of the Republic.
3. The Supreme Court of Justice, the Supreme Electoral Council, the Autonomous Regional Councils and Municipal Councils in matters of their competence.
4. The Deputies of the State of Nicaragua in the Central-American Parliament. In this case they only have the right to initiate laws and legislative decrees on matters of regional integration.
5. Citizens. In this case, the initiative shall have to be supported by a number no fewer than five thousand signatures. Excepted are the organic laws, tax laws, or laws of an international character and those involving amnesty and pardons.

Article 141

The quorum necessary to hold a meeting of the National Assembly consists of half of its total membership plus one.

To be approved, bills of law, decrees, resolutions, agreements, and declarations require the favorable vote of the absolute majority of the Deputies present, except in those cases where the Constitution requires another class of majority.

Every draft law shall be submitted to the Secretariat of the National Assembly together with an explanation of its motives.

Once they have been read in the plenary of the National Assembly, all draft laws shall be sent directly to a committee.

Urgent draft legislation initiated by the President of the Republic may be immediately submitted for discussion in plenary by the Leadership Council if the bill has been sent to the members of the Assembly forty-eight hours in advance.

Drafts of Codes and [other] comprehensive laws may be considered and approved chapter by chapter, if the plenary so decides.

Once the decision of the Commission is received, it shall be read before the plenary and be subject to a general debate; if it is approved, it shall be subject to detailed debate.

Once a draft law is passed by the National Assembly, it shall be sent to the President of the Republic for his/her sanction, promulgation, and publication, except in those cases which do not require such measures. The Amendments of the Constitution and the constitutional laws and decrees approved by the National Assembly do not need the approval of the Executive Power. In case that the President of the Republic does not promulgate or publish the draft amendments to the Constitution or constitutional laws; and if he/she does not approve, promulgate, or publish the other laws within a fifteen day period, the President of the National Assembly shall order their publication in any written social communication media entering into force on this date without prejudice to its subsequent publication in La Gaceta, the Official Gazette, which shall mention its publication date in the social communications media.

The laws shall be regulated if they expressly determine it. The Leadership Council of the National Assembly shall recommend the regulation of the laws to the respective Commission for its approval in the Plenary if the President of the Republic does not do it within the established time limit.

The laws may be derogated or amended only by other laws and go into effect from the day of their publication in La Gaceta, the Official Gazette, except when these themselves establish another modality.

When the National Assembly approves substantial reforms of the laws, it may order that their integral text together with the amendments be published in La Gaceta, the Official Gazette, except for amendments to the Codes.

The legislative initiatives presented in a legislature and not submitted for debate shall be considered in the subsequent session. Those which may have been debated may not be considered in the same legislature.

Article 142

The President of the Republic may veto totally or in part a draft law within the fifteen days following its receipt. If the President of the Republic does not exercise this power nor sanction, promulgate, or publish the bill, the President of the National Assembly shall order the law to be published in any national written diffusion media.

In case of a partial veto, the President of the Republic may introduce modification or suppressions in the provisions of the law.

Article 143

A draft law which has been vetoed in total or in part by the President of the Republic shall be returned to the National Assembly with an indication of the reasons which have motivated the veto.

The National Assembly may reject the total veto by a number of votes exceeding half of its total membership, in which case the President of the Republic shall order the publication of the law.

In the case of a partial veto the latter must indicate the reasons for each of the vetoed articles. The National Assembly may, by vote of more than half of its members, reject the veto for every single article, in which case the President of the National Assembly shall order the publication of the law.

Chapter III. Executive Branch

Article 144

The Executive Power is exercised by the President of the Republic, who is Head of State, Head of Government, and Supreme Head of the Army of Nicaragua.

Article 145

The Vice President of the Republic fulfills the functions mentioned in this Political Constitution and those delegated to him/her by the President of the Republic either directly or by law.

In addition, the Vice President shall replace the President’s in his/her functions in the case of a temporary or permanent absence.

Article 146

The election of the President and Vice President of the Republic takes place by universal, equal, direct, free and secret vote. Those who receive a relative majority of the votes cast shall be elected.

In the case of resignation, permanent absence or permanent incapacity of any of the candidates for President or Vice President of the Republic during the electoral process the political party which nominated them shall designate an alternate candidate or candidates.

Article 147

In order to be eligible as President or Vice President it is necessary:

1. To be a national of Nicaragua. Those who adopted another nationality must have renounced it at least four years before the election is held.
2. To fully enjoy one’s civil and political rights.
3. To be at least twenty-five years old.
4. To reside continuously in the country for four years prior to the election; this does not apply to persons who during the aforementioned period were engaged in diplomatic missions, were working in international organizations or were pursuing studies overseas.

The following persons may not run for President or Vice President of the Republic:

1. Family members within the fourth level of consanguinity or the second level of marital relations of the person who exercises or has exercised the full powers of the presidency at any time during the period in which the election for the following term takes place.
2. Persons who lead or finance a coup d’état or alter the constitutional order and, as a consequence of such actions, assume the leadership (Jefatura) of the Government ministeries or deputy ministeries, or leading positions in other branches of government.
3. Ministers of any religious faith unless they have renounced its practice at least twelve months prior to the election.
4. The President of the National Assembly, the ministers or vice ministers of the Government, magistrates of the Supreme Court of Justice and of the Supreme Electoral Council, the members of the Superior Council of the Office of the Comptroller General Office, the Public Prosecutor, the Deputy Public Prosecutor, the Attorney General and the Deputy Attorney General, the Human Rights Ombudsman and the Deputy Human Rights Ombudsman and the Mayors, unless they have resigned from office twelve months in advance of the election date.

Article 148

The elected President and the Vice President of the Republic shall assume their functions before the National Assembly, in solemn session, and shall be sworn in by the President of the National Assembly.

The President and the Vice President shall exercise their functions for a period of five years counting from their assuming office on the tenth of January of the year following their election. During this period they shall enjoy immunity, in accordance with the law.

Article 149

The President of the Republic may leave the country during the exercise of his/her functions for a period no longer than fifteen days without any authorization. For a period which is longer than fifteen days but shorter than thirty days prior authorization of the National Assembly shall be required. In this latter case the Vice President shall take over the governmental functions of the Presidency.

The President of the Republic may also leave the country for a period no longer than three months with the permission of the National Assembly as long as he/she empowers the Vice President to be the Chief of State, but should the absence of the President exceed three months, whatever the reason, he/she shall lose the position by virtue of that fact alone, unless the National Assembly should consider it a matter of force majeure and extend its permission for a prudent period.

The absence from the country by the President of the Republic without authorization by the National Assembly for a period mandating such authorization or for a period longer than authorized shall be considered as abandonment of office.

In case of the temporary absence of the President of the Republic, the Vice President may not leave without the prior authorization of the National Assembly. The absence without this authorization shall be considered abandonment of office.

Should the Vice President of the Republic be absent from the country and the President of the Republic should also have to leave the national territory in the exercise of his/her position, the corresponding Minister shall assume the administrative functions according to the order of legal precedence.

In no case may a President of the Republic, who may have pending [a] criminal charge involving more than a correctional penalty, leave the country.

The following situations are considered as cases of temporary absence from office of the President of the Republic:

1. Temporary absences from the national territory for longer than fifteen days;
2. The temporary impossibility or incapacity to exercise the his/her functions, determined by the National Assembly and approved by two-thirds of the Deputies.

In addition to what is established by the present article, the following situations are considered as cases of permanent absence from office of the President and Vice President of the Republic:

1. Death.
2. Resignation, when accepted by the National Assembly.
3. Total permanent incapacity determined by the National Assembly and approved by two-thirds of the Deputies.

In case of the temporary absence of the President of the Republic, the Vice President shall assume the functions.

In case of a simultaneous temporary impossibility or incapacity of the President and the Vice President, the office of the President of the Republic shall be assumed on an interim basis by the President of the National Assembly. While exercising the office of the President of the Republic on an interim basis, he/she shall be replaced by the First Vice President of the National Assembly.

Should the President of the Republic be permanently absent, the Vice President shall assume the office for the rest of the term and the National Assembly shall elect a new Vice President.

In case of permanent absence of the Vice President of the Republic, the National Assembly shall appoint the person who shall substitute him/her.

Should the absence of the President and Vice President of the Republic be permanent, the President of the National Assembly or whoever is replacing the latter shall assume the office of the former. The National Assembly shall appoint whoever must replace them within the first seventy-two hours from the occurrence of the vacancies. Those appointed in this manner shall exercise their functions for the rest of the term.

In all the cases mentioned, the National Assembly shall elect the replacements from among its members.

Article 150

The President of the Republic has the following functions:

1. To comply with the Political Constitution and the laws and to make the officials depending on him/her comply with them as well.
2. To represent the nation.
3. To exercise the power of initiating legislation and the right of veto, in conformity with the provisions of this Constitution.
4. To issue executive decrees of general application on administrative matters.
5. To prepare the draft of the General Budget of the Republic and to present it to the National Assembly for its consideration and approval, to authorize it and publish it once it has been approved.
6. To appoint and remove from office Ministers and Vice Ministers of State, Attorney General and Deputy Attorney General, directors of autonomous and governmental entities, heads of diplomatic missions and heads of special missions. The appointments must be presented within three days to the National Assembly for their ratification and shall not be considered valid until the National Assembly approves them. The officials are removed from office in those cases in which the National Assembly has so decided in the exercise of its powers.
7. To request the President of the National Assembly to call special sessions during the recess period of the National Assembly in order to legislate on urgent matters of the Nation.
8. To direct the international affairs of the Republic. To negotiate, conclude and sign treaties, covenants, or agreements and other instruments provided for in section 12 of Article 138 of the Political Constitution, [and submit them] to the National Assembly for approval.
9. To decree and implement the suspension of rights and guarantees in the cases provided by this Political Constitution, and to send the corresponding decree to the National Assembly within a period not exceeding seventy-two hours for its approval, modification, or rejection.
10. To implement laws by issuing the required regulations within a period not exceeding sixty days.
11. To grant honorific orders and decorations of a national character.
12. To organize and direct the Government.
13. To direct the economy of the country, determining its policy and socio-economic program.To create a National Social Economic Planning Council which supports him/her in determining the economic and social policy of the country. In the Council business, labor, cooperative, and other organizations to be determined by the President of the Republic shall be represented.
14. Submit to the National Assembly proposals or lists with three names (ternas), as the case may be, for the election of the magistrates of the Supreme Court of Justice, of the Supreme Electoral Council, of the members of the Superior Council of the Office of Comptroller General, of the Superintendent and Deputy Superintendent of Banks and Other Financial Institutions, of the Public Prosecutor and the Deputy Public Prosecutor.
15. To present to the National Assembly the annual report and other reports and special messages.
16. To provide the officials of the Judicial Power with the necessary support to make their decisions effective without any delay.
17. Others functions conferred by this Constitution and the laws.

Article 151

The number, organization, and authority of the Ministries of State, of the autonomous and governmental entities, and of State banks and other State financial institutions shall be determined by law. The Ministers and Vice Ministers enjoy immunity.

The decrees and decisions of the President of the Republic must be countersigned by the Ministers of State of the respective branches, except for those agreements that refer to the appointment or removal of Ministers or Vice Ministers of State.

The Council of Ministers shall be headed by the President of the Republic and, in his/her absence, by the Vice President. The Council of Ministers shall consist of the Vice President of the Republic and the Ministers of State. Its functions are determined by the Constitution.

The Ministers and Vice Ministers of State and the presidents or directors of autonomous or governmental entities shall be personally responsible for the actions that they may have signed or authorized and jointly responsible with those who endorsed or agreed with the President of the Republic or with other Ministers of State.

The Ministers and Vice Ministers of State and the presidents or directors of autonomous or governmental entities shall provide to the National Assembly the information that it may request relative to the business of their respective branches, whether in written or verbal form. They may also be taken to account by resolution of the National Assembly.

Article 152

To be eligible for appointment as minister, vice minister, president or director of autonomous and governmental entities, ambassadors and superior chiefs of the army and police, candidates must meet the following requirements:

1. Be a national of Nicaragua. Those who adopted another nationality must have renounced it at least four years before the appointment date.
2. Be in full possession of their political and civil rights.
3. Be at least twenty-five years old.
4. Reside continuously in the country for four years prior to the appointment date. This shall not be applicable to those who during the aforementioned period were engaged in Diplomatic Missions, were working in International Organizations or pursuing studies overseas.

Not eligible as ministers, vice ministers, presidents or directors of autonomous or governmental entities, heads of diplomatic missions and heads of special missions shall be:

1. Those who simultaneously hold another position in any of the other branches of government.
2. Those who have collected or administered public or municipal funds and have not been exonerated for their fiscal management.
3. Default debtors on debts of the Public Treasury.
4. Those covered by section 7 of Article 130 of this Constitution.

Article 153

Ministers, Vice Ministers and presidents or directors of autonomous and governmental institutions are responsible for their acts in conformity with the Constitution and the laws.

Chapter IV. Of the Office of the Controller General of the Republic

Article 154

The Office of the Controller General of the Republic is the directing organism of the control system of the Public Administration and of the auditing of the government’s properties and resources. The Superior Council of the Office of the Controller General is herewith created to manage the same. It shall be composed of five proprietor members and three substitutes elected by the National Assembly for a five-year term, during which they shall enjoy immunity. The sole and exclusive function of the substitutes is to replace temporal absences of the proprietors. Its exercise requires previous appointment of the substitute member by the Proprietor member to be replaced.

Article 155

The following corresponds to the Office of the Controller General of the Republic:

1. To establish a system of control which ensures the appropriate use of government funds in a preventive manner;
2. Subsequent control over the management of the General Budget of the Republic;
3. The control, examination, and evaluation of the administrative and financial management of the public entities, those subsidized by the State, and public or private enterprises with participation of public capital.

Article 156

The Office of the Controller General is an independent organism, subject only to compliance with the Constitution and laws; it enjoys functional and administrative autonomy. The National Assembly authorizes the audits of its management.

The Office of the Controller General shall make public the results of its investigations, and should penal responsibilities be presumed, it shall send its investigation to the Tribunals of Justice, being considered an accessory should it fail to do so, to the offenses later determined committed by those under investigation.

The President and Vice President of the Superior Council of the Office of the Controller General shall be elected from among the members of the Superior Council. The election shall be made by the Members by majority of votes and for a one-year term. They may be reelected. The President of the Superior Council or the person appointed by him/her from among the Members of the Council shall report on the management of the entity to the National Assembly, each year or when the latter requires it; this duty must be performed personally by either the President or the appointed member.

Article 157

The law shall determine the organization and functioning of the Office of the Controller General of the Republic.

Chapter V. Judicial Branch

Article 158

Justice emanates from the people and shall be carried out in their name and delegation by the Judicial Power, composed of the Courts of Justice that the law establishes.

Article 159

The courts of law form a unitary system whose highest organ is the Supreme Court of Justice. The Judicial Power shall receive no less than four percent of the General Budget of the Republic. There shall be Courts of Appeal, District Judges and Local Judges whose organization and functioning shall be determined by law. The Judicial Career shall be established and regulated by law.

The jurisdictional competence of trying and executing decisions belongs exclusively to the Judicial Power. Military tribunals shall only consider strictly military offenses and crimes, without prejudice to the petitions and appeals before the Supreme Court of Justice.

Article 160

The administration of justice guarantees the principle of legality; it protects and safeguards human rights and guarantees access to justice through the application of the law in cases and proceedings falling within its jurisdiction.

The administration of justice recognizes the citizens’ participation through the traditional leaders of the original tribes of the Caribbean Coast and the Judicial Facilitators in the whole country as alternative means of access to justice and dispute resolution in conformity with the law.

A jurisdiction for administrative law disputes is established to examine the ordinary legality in cases of a general or of a special nature brought by those affected by administrative action against any acts, resolutions, general provisions, omissions or factual conduct of the Public Administration. The jurisdiction in administrative law disputes is exercised by the judicial bodies determined by law and in the final instance by the Chamber for Administrative Law Disputes in the Supreme Court of Justice.

Article 161

In order to be eligible as a magistrate in the courts of laws the following requirements have to be met:

1. To be a national of Nicaragua. Those who adopted another nationality must have renounced it at least four years in advance of the election date.
2. To be a lawyer of recognized morality, to have held judicial office or exercised the profession for at least 10 years or to have been a Magistrate in the Courts of Appeal for five years, at the time of seeking to be a Magistrate in the Supreme Court of Justice.
3. To be in full possession of one’s political and civil rights.
4. To be thirty-five years old and no older than seventy-five years on the day of election.
5. Not to have been suspended from the exercise of the legal or notary profession by a final judicial decision.
6. Not to be a member of the military on active duty or, being so, not to have resigned at least twelve months prior to the election; this shall not apply to the appointment of judges and magistrates of the military jurisdiction.
7. Reside continuously in the country for four years prior to the election date, except those who, during the aforementioned period, were engaged in diplomatic missions, were working in International Organizations or pursuing studies overseas.

Article 162

The term of the magistrates of the Supreme Court of Justice is five years. They can only be removed from office for causes provided for in the Constitution and the law. The magistrates of the Supreme Court of Justice enjoy immunity.

Article 163

The Supreme Court of Justice shall consist of sixteen magistrates elected by the National Assembly for a term of five years.

The Supreme Court of Justice shall be composed of Chambers which shall consists of no less than three magistrates each, for terms of two and a half years, namely: the constitutional chamber, the civil, penal and administrative law chambers and the others determined by law. Their organization and composition shall be agreed by the magistrates, according to the stipulations established by law in this matter. The magistrates sitting in each chamber shall elect by majority vote their President for a term of two and a half years. The Court in full attendance shall hear and resolve the petitions of unconstitutionality, the disputes concerning distribution of powers and constitutionality between the branches of government, and disputes on constitutionality between the central government and the municipal governments of the Autonomous Regions on the Caribbean Coast.

The National Assembly shall appoint each Associate judges. If any of the magistrates does not show up, is excused or is prevented from sitting for personal involvement or disqualification, the associate judges shall be called to serve in full court, in any of the Court’s chambers or in the National Council for Judicial Administration and Career.

The magistrates of the Supreme Court take office before the National Assembly, after having been sworn in. They elect their President and Vice President among themselves, by a majority of votes cast and for a term of two and a half years. They may be reelected.

Article 164

The Supreme Court of Justice has the following functions:

1. To organize and direct the administration of justice.
2. To consider and determine ordinary and extraordinary remedies against decisions of the courts of law of the Republic in accordance with the procedures established by law.
3. To consider and determine amparo proceedings brought for violation of the rights established in the Constitution in accordance with the Law on Constitutional Justice.
4. To consider and determine applications for judicial review of the constitutionality of laws.
5. To appoint and discharge the Magistrates of the Appellate Courts with the assenting vote of sixty percent of its members in accordance with the Judicial Service Career Law, and to appoint the members of the Military Tribunals in conformity with the Organic Law on Military Tribunals.
6. To rule on requests of extradition of citizens of other countries and to deny those of nationals.
7. To appoint or dismiss the Secretary of the Supreme Court of Justice, the Ombudspersons and judges in the whole country in accordance with the Constitution and the Judicial Service Career Law.
8. To authorize the execution of sentences pronounced by foreign courts.
9. To consider and resolve in final instance administrative conflicts between organs of the public administration and between the latter and individuals.
10. To consider and resolve in final instance disputes that may occur between municipalities or between them and organs of the Central Government.
11. To adopt its internal regulations.
12. Other functions conferred upon it by the Constitution and the laws.

Article 165

A National Council for Judicial Administration and Career is created as a body of the Supreme Court of Justice and is provided with technical and functional autonomy to exercise the competence to coordinate, plan and execute the administrative and financial policy of the Judicial Power, direct the Judicial Career and consider, investigate and resolve violations of the disciplinary regime committed by members of the profession and judicial career officials. The Council shall consists of four magistrates of the Supreme Court of Justice, including its President which shall chair it, as the President of the Supreme Court of Justice is in charge of the administrative, legal and institutional representation of the Judicial Power. The remaining three members shall be elected with the favorable vote of the majority of the members of the plenary of the Supreme Court of Justice.

The members of the Council do not form part of any of the chambers of the Court and dedicate themselves exclusively to these functions during their term which shall run for two years and a half, save for sitting as members of the full Court, and may in no case be replaced by magistrates sitting in any of the chambers.

The Council shall sit with a minimum of three of its members and shall adopt decisions with a majority of their votes.

The Council has the following functions:

1. To plan and execute the administrative policy of the Judicial Power, to draft its budget, submitting it to the full Court for approval, and to monitor and supervise the execution of the latter.
2. To approve the appointment, transfer or dismissal of the administrative staff of this Power of the State in conformity with the law, as well as to define the general policies of staff management.
3. To appoint the General Administrative Secretary, and to organize and control the administrative dependencies of the Judicial Power.
4. To supervise the administrative functioning of the Public Registries of Real and Commercial Property, and of the common service offices.
5. To appoint forensic physicians, agents in judicial proceedings, and public registrars of real and commercial property in accordance with the relevant law.
6. To instruct, consider and resolve the complaints concerning light, grave and very grave disciplinary offences by forensic physicians, agents in judicial proceedings, and public registrars of real and commercial property, and to impose the sanctions established by the relevant law.
7. To instruct, consider and resolve the complaints concerning light and grave disciplinary offences by Ombudspersons, judges and magistrates of Appeals Courts, imposing the sanctions provided for by the Judicial Service Career Law and the relevant regulations.
8. To instruct the charges and complaints concerning very grave offences by Ombudspersons, judges and magistrates of Appeals Courts, and to submit to the Supreme Court of Justice the results of the investigations and the respective recommendations.
9. To submit to the full Court the lists of candidates for filling vacancies in appeals courts, district and local courts, both for the office holders and their alternates, in accordance with the provisions of the Judicial Service Career Law.
10. To organize and direct the proceedings for the incorporation and conferral of the titles of Advocate and Public Notary, and to grant authorization for the exercise of the professions of advocate and notary, as well as to suspend and to rehabilitate them in conformity with the law.
11. All other functions assigned to it by law.

Article 166

In their judicial activity Magistrates and Judges are independent and have to obey only the Constitution and the law; they shall be governed by, among others, the principles of equality, swift proceedings and right to defense. In Nicaragua justice is free of charge and public.

The administration of justice shall be organized and shall function with popular participation as determined by the laws.

Article 167

State authorities, organizations, natural and legal persons have to comply strictly with the decisions and sentences of the courts and the judges addressed to them.

Chapter VI. Electoral Branch

Article 168

The organization, management and oversight of elections, plebiscites and referendums belongs exclusively to the electoral branch.

Article 169

The electoral branch is composed of the Supreme Electoral Council and other, subordinate electoral organisms.

Article 170

The Supreme Electoral Council is composed of seven members and three alternates, elected by the National Assembly, according to subsection 8 of Article 138.

The members of the Supreme Electoral Council shall elect its President and its Vice Presidents from its middle. Their office term is one year, and they may be reelected.

Article 171

In order to be eligible as a magistrate of the Supreme Electoral Council, it is necessary:

1. To be a national of Nicaragua. Those who adopted another nationality must have renounced it at least four years in advance of the date of the election for office;
2. To be in full possession of one’s civil and political rights;
3. To be at least thirty-six years old but no older than seventy-five years on the day of election;
4. Reside continuously in the country for four years prior to the election. This shall not be applicable to those who, during the aforementioned period, were engaged in Diplomatic Missions, were working in International Organizations or pursuing studies abroad.

Not eligible as magistrates of the Supreme Electoral Council are:

1. Family members within the fourth level of consanguinity or the second level of marital relations of the candidates for President and Vice President of the Republic.In case of having already been elected before the presidential elections, he/she shall be involved and for this reason shall be inhibited from exercise during the entire electoral process and shall have to induct a substitute.
2. Those who hold positions of popular election or may be candidates in any of them.
3. Functionaries or employees of another Power of the State in positions paid out of the fiscal funds, regional or municipal, except for those related to the profession of teaching or medicine.
4. Soldiers in active service or those who, though no longer active, did not resign at least twelve months prior to the election.
5. Abrogated.

Article 172

The Magistrates of the Supreme Electoral Council exercise their functions for a period of five years from the time they take office; during this period they enjoy immunity.

Article 173

The Supreme Electoral Council has the following functions:

1. To organize and direct the elections, plebiscites, or referenda that are held in accordance with the provisions established in the Constitution and the laws.
2. To appoint the members of the other electoral bodies in accordance with the Electoral Law.
3. To prepare the election calendar.
4. To apply the constitutional and legal provisions relating to the electoral process.
5. To consider and to resolve in final instance the resolutions dictated by the subordinate electoral bodies and the claims and charges that political parties may present.
6. To take in accordance with the relevant law the appropriate measures so that the electoral process may take place in full liberty.
7. To request from the appropriate organs security measures for the political parties taking part in the elections.
8. To undertake the final count of the votes cast in the elections, plebiscites and referenda, and to make the final announcement of the results.
9. To adopt its own rules of procedure.
10. To organize under its authority the Central Register of the Civil Status of Persons, the certification of citizenship, and the electoral census.
11. To confer the juridical personality of political parties on groups which meet the requirements established by law.
12. To cancel the juridical personality of the political parties that have not obtained at least four percent of the total valid votes in the general elections, and cancel or suspend it in the other cases established by the relevant law.
13. To monitor and resolve disputes concerning the legitimacy of the representatives and the leaders of political parties and concerning the fulfillment of the legal provisions that refer to the political parties, their statutes, and regulations.
14. The other functions assigned to it by the Constitution and the laws.

No appeal, ordinary or extraordinary, shall lie against the decisions taken by the Supreme Council on electoral matters.

Article 174

The magistrates of the Supreme Electoral Council and their alternates shall assume their functions after they have been sworn in by the President of the National Assembly.