Political Prisoners of the Empire  MIAMI 5     

     

O U R  A M E R I C A

Havana. October 31, 2013

Why special powers legislation is needed in Venezuela

Laura Bécquer Paseiro

THE problem of corruption in Venezuela, regardless of political colors, is being utilized by the opposition against the Bolivarian government’s social transformations to benefit the country’s poorest sectors.

Division of seats in the Venezuelan National Assembly
Division of seats in the
Venezuelan National Assembly
.

It is for that reason that the executive, headed by President Nicolás Maduro, has proposed to eradicate this social evil, exacerbated by the economic model of dependency constructed throughout the last century on the basis of Venezuela‘s immense oil reserves.

Maduro himself has asked the National Assembly for a Ley Habilitante (Enabling Law), granting him special powers "to intensify, accelerate and undertake a profound battle for a new political ethic, for a new republican life and for a new society."

Upon requesting it, the President emphasized, "If corruption continues being perpetrated, there will be no socialism because it cannot be developed with these anti-values." In this context, the Venezuelan leader views this new legislation "as a crucial act, of life or death, in order to make irreversible the Venezuelan road to socialism."

Maduro also stressed the need to activate this constitutional mechanism to combat the economic war orchestrated by the right wing to destabilize the government.

He recalled that the Bolivarian leader, Hugo Chávez, used special powers "in order to generate public policies designed to defend the people," while emphasizing that this instrument could transform the country.

In fact, it is not the first time that special powers have been requested in Venezuela. They were granted to Chávez on four occasions. The first application was approved in 1999, which allowed him to issue 53 decree laws to improve the country’s economy. That was the time of the creation of the Social Single Fund, the partial reform of the Investment Fund for Macroeconomic Stabilization, the Budget Regime Organic Law, and the Credit Law for the agricultural sector. Special powers were also granted to the then President between 2000 and 2010.

One example of the government’s seriousness in its crusade against crime in the public sector without consideration for political parties, is the trial of Edgardo Parra, mayor of the city of Valencia, capital of the state of Carabobo, and a member of the governing United Socialist Party of Venezuela. According to the prosecution, Parra is being investigated after a claim concerning the existence of irregularities in contracts between the Valencia mayor’s office and cooperatives.

Interior Minister Miguel Rodríguez Torres emphasized that the case against Parra, "demonstrates the President’s will to open up a frontal battle against corruption, indifferent to color, whether it is "cuello amarrillo or cuello rojo-rojito" (a reference to left and right-wing forces).

In a contradictory manner, the recalcitrant opposition who have so loudly condemned corruption cases in the media under its command, has opened a head-on war against the Bolivarian government’s intentions to resolve this situation once and for all.

STEPS TOWARD THE GRANTING OF SPECIAL POWERS

The bill is currently being debated in the National Assembly, completing the second phase after being proposed by the President. In accordance with the Venezuelan Constitution, after the executive of the National Assembly determines whether the bill meets the requisites, it is distributed to deputies for discussion in plenary session. For example, the deputies will debate why and for how long the President of the Republic could be granted special powers in order to pass the decree law.

The third step takes place after the bill has been approved in the initial discussion, and this is when the application for special powers is submitted to the Special Commission for analysis and a report.

Within the following 10 days, a second debate on the bill must take place. Article 215 of the Constitution establishes that once the law is approved in its second discussion, it passes to the executive for promulgation and publication in the Official Gazette.

The special powers law is a constitutional legal instrument which gives the President authority to establish decrees of scope, value and force of law on issues which he deems pertinent in accordance with the country’s needs and emergencies. It is a law approved by the National Assembly, according to conditions established by the Constitution, for which it must adhere to the formal procedures inherent in drafting legislation, in accordance with Article 203 of the Constitution.

However, in order to be approved, it must be supported by three fifths of Assembly members; in other words, 99 of the 165 seats in Parliament, where 98 belong to the government coalition.

For now, it remains in the hands of deputies to advance in the struggle against social evils in Venezuela and break the vicious circle of corruption.
 

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Editor-in-chief: Pelayo Terry Cuervo / Editor: Gustavo Becerra Estorino
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