Constitutive Protocol of the Parliament of the Mercosur
This is a rough and incomplete translation (through BabelFish) of the PROTOCOLO CONSTITUTIVO DEL PARLAMENTO DEL MERCOSUR, adopted in December 2005, that established the Mercosur Parliament. It is provided here simply as an unofficial English version of the Protocol for reference. A more accurate translation is invited.Tfleming 17:53, 18 December 2006 (UTC)
CONSTITUTIVE PROTOCOL OF THE PARLIAMENT OF THE MERCOSUR
The ARGENTINA REPUBLIC, FEDERAL REPUBLIC DEL BRAZIL, REPUBLIC DEL PARAGUAY and EASTERN REPUBLIC DEL URUGUAY, in ahead States Parts;
CONSIDERING the Treaty of Asuncio'n, the 26 of March of 1991 and the Protocol of Ouro Preto, of the 17 of December of 1994 that established the Joint Parliamentary Commission and the Decision CMC N° 49/04, "Parliament of the MERCOSUR".
REMEMBERING the Interinstitutional Agreement between the Council of the Common Market and the Joint Parliamentary Commission, signed the 6 of October of 2003.
CONSIDERING its firm will political to fortify and to deepen the process of integration of the MERCOSUR, being contemplated the interests of all the States Parts and contributing, of such form, to the simultaneous development of the integration of the South American space.
CONVINCED that the profit of the common objectives that the States have paid attention Parts, it requires of an institutional frame balanced and effective, that allow to create norms that are effective and that guarantee a climate of legal security and previsibility in the development of the integration process, in order better to promote the productive transformation, the social fairness, the scientific and technological development, the investments and the creation of use, in all the States Parts and benefit of his citizens.
CONSCIOUS that the installation of the Parliament of the MERCOSUR, with a suitable representation of the interests of the citizens of the States Parts, will mean a contribution to the quality and institutional balance of the MERCOSUR, creating a space common in which is reflected the pluralism and the diversities of the region, and that contributes to the democracy, the participation, the representativeness, the transparency and the social legitimacy in the development of the process of integration and its norms.
KIND to the importance of fortifying the institutional scope of interparliamentary cooperation, to advance in the pre-selected targets of harmonization of the national legislations in the pertinent areas and to make agile the incorporation to the respective internal legal orderings of the norm of the MERCOSUR, that requires legislative approval.
RECOGNIZING the valuable accumulated experience by the Joint Parliamentary Commission from its creation.
REAFFIRMING the principles and objectives of the Protocol of Ushuaia on Democratic Commitment in the MERCOSUR, the Republic of Bolivia and the Republic of Chile, the 24 of 1998 July and the Presidential Declaration on Democratic Commitment in the MERCOSUR, of the 25 of June of 1996.
To constitute the Parliament of the MERCOSUR, in ahead the Parliament, like organ of representation of its towns, independent and independent, that will integrate the institutional structure of the MERCOSUR.
The Parliament will replace the Joint Parliamentary Commission.
The Parliament will be integrated by elect representatives by universal, direct and secret suffrage, in agreement with the internal legislation of each State Part and the dispositions of the present Protocol.
The Parliament will be a unicameral organ and their principles, competitions and integration are governed according to the arranged thing in this Protocol.
The effective installation of the Parliament will take place, to taking more, the 31 of December of 2006.
The constitution of the Parliament will be made through the anticipated stages in the Transitory Dispositions of the present Protocol.
They are intentions of the Parliament:
1. To represent the towns of the MERCOSUR, being respected its ideological and political plurality.
2. To assume the promotion and fixed emplacements of the democracy, the freedom and La Paz.
3. To impel the sustainable development of the region with social justice and respect to the cultural diversity of its populations.
4. To guarantee the participation of the actors of the civil society in the integration process.
5. To stimulate the formation of a collective conscience of citizen and communitarian values for integration.
6. To contribute to consolidate Latin American integration by means of the deepening and extension of the MERCOSUR.
7. To promote solidarity and the regional and international cooperation.
They are principles of the Parliament:
1. Pluralism and the tolerance like guarantees of the diversity of political, social and cultural expressions of the towns of the region.
2. The transparency of the information and the decisions to create confidence and to facilitate the participation of the citizens.
3. The regional cooperation with the other organs of the MERCOSUR and scopes of citizen representation.
4. The respect of the human rights in all its expressions.
5. Repudio to all the forms of discrimination, specially the relative ones to sort, color, ethnic group, religion, nationality, age and socioeconomic condition.
6. The promotion of the cultural, institutional patrimony and of Latin American cooperation in integration processes.
7. The promotion of the sustainable development in the MERCOSUR and the treatment special and differentiated for the countries from smaller economies and the regions with smaller degree of development.
8. The fairness and justice in the regional and international subjects, and the pacific solution of the controversies.
The Parliament will have the following competitions:
1. To guard in the scope of its competition by the observance of the norms of the MERCOSUR.
2. To guard by the preservation of the democratic regime in the States Parts, in accordance with the norms of the MERCOSUR, and in individual with the Protocol of Ushuaia on Democratic Commitment in the MERCOSUR, the Republic of Bolivia and the Republic of Chile.
3. To elaborate and to publish annually a report on the situation of the human rights in the States Parts, considering the principles and the norms of the MERCOSUR.
4. To carry out orders of information or opinions in writing to the decision-making and consultative organs of the MERCOSUR established in the Protocol of Ouro Preto on tie questions to the development of the integration process. The orders of information will have to be responded in a maximum term of 180 days
5. To invite, by interval of the Presidency Pro Tempore of the CMC, to representatives of the organs of the MERCOSUR, to inform and/or to evaluate the development of the integration process, to interchange opinions and to treat aspects related to the activities in course or subjects in consideration.
6. To receive, when finalizing each semester to the Presidency Pro Tempore of the MERCOSUR, so that present a report on the activities made during this period.
7. To receive, at the beginning of each semester, the Presidency Pro Tempore of the MERCOSUR, so that present the program of decided work, with the objectives and priorities anticipated for the semester.
8. To make semester meetings with the Consultative Forum Econo'mico-Social in order to interchange information and opinions on the development of the MERCOSUR.
9. To organize public meetings, on tie questions to the development of the integration process, with organizations of the civil society and the productive sectors.
10. To receive, to examine and in their case of canalizing towards the decision-making organs, requests of any individual of the States Parts, are physical or legal people, related to acts or omissions of the organs of the MERCOSUR.
11. To emit declarations, recommendations and information on tie questions to the development of the integration process, by own initiative or to request of other organs of the MERCOSUR.
12. With the purpose of accelerating the corresponding internal procedures of take effect of the norms in the States Part, the Parliament will elaborate opinions on all the projects of norms of the MERCOSUR that requires legislative approval in one or several States Part, in a term of ninety days (90) of carried out the consultation. These projects will have to be sent to the Parliament by the decision-making organ of the MERCOSUR, before their approval.
If the project of norm of the MERCOSUR is approved by the decision-making organ, in accordance with the terms of the opinion of the Parliament, the norm will have to be sent by each national Executive authority to the Parliament of the respective State Part, within the term of forty and five (45) days, counted from this approval.
In case the approved norm were not in conformity with the opinion of the Parliament, or if this one is not sent in the term mentioned in the first paragraph of the present numeral, the same one will follow its proceeding ordinary of incorporation.
The national Parliaments, according to the corresponding internal procedures, will have to adopt the necessary measures for the instrumentation or creation of a preferential procedure for the consideration of the norms of the adopted MERCOSUR that there are in accordance with the terms of the opinion of the Parliament, mentioned in the previous paragraph.
The maximum term of duration of the procedure anticipated in the preceding paragraph, will be of up to one hundred eighty (180) days run, counted from the entrance of the norm to the respective national Parliament.
If within the term of that preferential procedure the Parliament of the State Part rejects the norm, this one will have to be reenviada to the Executive authority so that the present to the reconsideración of the corresponding organ of the MERCOSUR.
13. To propose projects of norms of the MERCOSUR for its consideration by the Council of the Common Market, the one that will have to inform semester on its treatment.
14. To elaborate studies and first drafts of national norms, oriented to the harmonization of the national legislations of the States Parts, those that will be communicated to the national Parliaments to the effects of their possible consideration.
15. To develop to actions and joint works with the national Parliaments, with the purpose of assuring the fulfillment the objectives of the MERCOSUR, in individual those related to the legislative activity.
16. To maintain institutional relations with the Parliaments of third States and other legislative institutions.
17. To celebrate, within the framework of its attributions, with the advising of the competent organ of the MERCOSUR, agreements of cooperation or technical attendance with organisms deprived public and, of national or international character.
18. To foment the development of instruments of representative and participativa democracy in the MERCOSUR.
19. To receive within the first semester of every year a report on the execution of the budget of the Secretariat of the MERCOSUR of the previous year.
20. To elaborate and to approve its budget and subsequent to to inform on its execution to the Council into Common Market within the first semester into the year the exercise.
21. To approve and to modify its internal procedures.
22. To conduct all the battles that correspond to the exercise of their competitions.
1. The Parliament will be integrated of conformity to a criterion of citizen representation.
2. The members of the Parliament, in ahead denominated Parliamentary, will have the quality of Parliamentarians of the MERCOSUR.
1. The Parliamentarians will be chosen by the citizens of the respective States Parts, through direct suffrage, universal and secret.
2. The mechanism of election of the Parliamentarians and its substitutes, will be governed by predicted in the legislation of the each State Part, which will try to assure a suitable representation by sort, ethnic groups and regions according to the realities of each State.
3. The Parliamentarians will be elect jointly with their substitutes, who will replace them, according to the electoral legislation of the respective State Part, in the cases of definitive or transitory absence. The substitutes will be chosen in the same date and form that the Parliamentary holders, as well as for identical periods.
4. To proposal of the Parliament, the Council of the Common Market will establish the "Day of the Citizen MERCOSUR", for the election of the parliamentarians, of simultaneous form in all the States Parts, through direct suffrage, universal and secret of the citizens.
Participation of the States Associate
The Parliament will be able to invite to the Associated States of the MERCOSUR to participate in its public sessions, through members of its national Parliaments, those that will participate with right to voice and without right to vote.
Incorporation of new members
1. The Parliament, in accordance with article 4, interjection 12, will send on the adhesion of new States Parts to the MERCOSUR.
2. The legal instrument that formalizes the adhesion will determine the conditions of the incorporation of the Parliamentarians of the adherent State to the Parliament.
The members of the Parliament will not be subject to imperative mandate and will act independently in the exercise of their functions.
The Parliamentarians will have a common mandate of four (4) years, counted as of the date of assumption in the position, and could be reelectos.
Requirements and incompatibilidades
1. The candidates to Parliamentarians will have to fulfill national the indispensable requirements to be delegated, according to the right of the respective State Part.
2. The exercise of the position of Parliamentarian is incompatible with the performance of a mandate or legislative or executive position in the States Parts, as well as with the performance of positions in the other organs of the MERCOSUR.
3. They will be applicable, also, the other incompatibilidades to be legislator, established in the national legislation of the State corresponding Part.
Prerogatives and immunities
1. The regime of prerogatives and immunities will be governed reason why it settles down in the mentioned Host Agreement in article 21.
2. The Parliamentarians could penal be judged, civil or, in the territory of the States Parts of the MERCOSUR, at no moment, neither during nor after their mandate, by the opinions and votes emitted in the exercise of their functions.
3. The displacements of the members of the Parliament, to appear to their premises of meeting and to return there, will not be limited by legal nor administrative restrictions.
The Parliament will be able to ask for consultative opinions to the Permanent Court of Revision.
Approval of the Internal procedures
The Parliament will approve and modify its Internal procedures by described majority.
System of adoption of decisions
1. The Parliament will make its decisions and acts by simple, absolute, special or described majority.
2. For the simple majority the vote of more will be required than half of the Parliamentary presents.
3. For the absolute majority the vote of more will be required than half of the total of the members of the Parliament.
4. For the special majority the vote of both third will be required of the total of the members of the Parliament, that includes as well to Parliamentarians of all the States Parts.
5. For the described majority the affirmative vote of the absolute majority of members of the parliamentary representation of each State will be required Part.
6. The Parliament will establish in its Internal procedures the majorities required for the approval of the different subjects.
1. The Parliament will count on Directive Mesa, ordered of the conduction of the legislative works and their administrative services.
It will be composed by a President, and a Vice-president of each one of the other States Parts, according to which it establishes the Internal procedures.
It will be attended by a Parliamentary Secretary and an Administrative Secretary.
2. The mandate of the members of Directive Mesa will be of 2 (two) years, being able its members to be reelectos by a single time.
3. In case of absence or temp impediment, the President will be replaced by one of the Vice-presidents, according to which he establishes the Internal procedures.
4. The Parliament will count on a Parliamentary Secretariat and an Administrative Secretariat, those that will work with permanent character in the seat of the Parliament.
5. The Parliament will constitute permanent and temporarias commissions, that contemplate to the representation of the States Parts, whose organization and operation will be established in the Internal procedures.
6. The technical and administrative personnel of the Parliament will be integrated by citizens of the States Parts. He will be designated by international public aid and he will have own statute, with a legal regime equivalent to the one of the personnel of the Secretariat of the MERCOSUR.
7. The conflicts in labor matter that provoke between the Parliament and its personnel, will be solved by the Labor Administrative Court of the MERCOSUR.
1. The Parliament will meet at least once in ordinary session per month.
It could be summoned to extraordinary sessions to request of the Council of the Common Market or to requirement of Parliamentarians, according to which it establishes the Internal procedures.
2. All the meetings of the Parliament and its Commissions will be public, except for which they are declared of reserved character.
1. The meetings of the Parliament and its Commissions will be able to begin at least with the presence of a third of their members, in which all the States are represented Parts.
2. Each Parliamentarian will have right to a vote.
3. The Internal procedures will establish the possibility that the Parliament, in exceptional circumstances, can sesionar and make its decisions and acts through technological means that allow meetings at a distance.
Acts of the Parliament
They are acts of the Parliament:
2. Projects of norms;
3. First drafts of norms;
6. Information; and
1. The Parliament will elaborate and approve its budget, the one that will be resolved with contributions of the States Parts, based on the Internal Gross Product and of the national budget of each State Part.
2. The criteria of contribution of the contributions mentioned in the previous interjection, will be established by Decision of the Council of the Common Market, taking into account the proposal from the Parliament.
1. The seat of the Parliament will be the city of Montevideo, Eastern Republic of Uruguay.
2. The MERCOSUR will sign with the Eastern Republic of Uruguay a Host Agreement that will define the norms relative to the privilegios, the immunities and the exemptions of the Parliament, the parliamentarians and other civil employees, according to the effective norms of the international right.
Adhesion and denounces
1. In the matter of adhesion or it denounces, will prevail like a whole, for the present Protocol, the norms established by the Treaty of Asuncio'n.
2. The adhesion or denounces to the Treaty of Asuncio'n means, ipso swears, the adhesion or denounces to the present Protocol. The denunciation to the present Protocol means ipso swears the denunciation to the Treaty of Asuncio'n
Use and deposit
1. The present Protocol, integral part of the Treaty of Asuncio'n, will take effect the thirtieth counted day as of the date in which the fourth State Part has deposited its instrument of ratification.
2. The Republic of Paraguay will be depositaria of the present Protocol and the instruments of ratification and will notify to the other States Parts the date of the deposits of those instruments, sending copy properly authenticated of this Protocol to the other States Parts.
They are countermanded all the dispositions of institutional character of the Protocol of Ouro Preto that bear relation to the constitution and operation from the Parliament and are incompatible with the terms of the present Protocol, with express exception of the system of decision making of the other organs of the MERCOSUR established in Art. 37 of the Protocol of Ouro Preto.
To the aims of the anticipated thing in article 1 of the present Protocol it will be understood by:
- "first stage of the transition": the period between the 31 of December of 2006 and the 31 of December of 2010.
- "second stage of the transition": the period between the 1 of January of 2011 and the 31 of December of 2014.
In the first stage of the transition, the Parliament will be integrated by eighteen (18) Parliamentarians by each State Part.
The anticipated thing in article 5, interjection 1, related to the integration of the Parliament of conformity to a criterion of citizen, applicable representation from the second stage of the transition, will be established by Decision of the Council of the Common Market, to proposal of the Parliament adopted by described majority. This Decision will have to be confirmed, to taking more, the 31 of December of 2007.
For the first stage of the transition, the national Parliaments will establish the modalities of designation of their respective parliamentarians, between the legislators of the national Parliaments of each State Part, designating the holders and equal number of substitutes.
To the effects to put in practice the direct election of the Parliamentarians, mentioned in the article 6, interjection 1, the States Parts, before the conclusion of the first stage of the transition, they will have to carry out elections by direct, universal and secret suffrage of Parliamentarians, whose accomplishment will become according to the national electoral agenda of each State Part.
The first election anticipated in article 6, interjection 4, will take place during year 2014.
From the second stage of the transition, all the Parliamentarians must be chosen in accordance with article 6, interjection 1.
Day of the Citizen MERCOSUR
The "Day of the Citizen MERCOSUR", anticipated in the article 6, interjection 4, will be established by the Council of the Common Market, to proposal of the Parliament, before year ends 2012.
Mandate and incompatibilidades
In the first stage of the transition, the Parliamentarians designated in indirect form, will stop in their functions: by lapsing or loss of its national mandate; when assuming its elect successors directly; or, to taking more, finalizing this first stage.
All the Parliamentarians in exercise of functions in the Parliament during the second stage of the transition, will have directly to be elect before the beginning of the same one, being able their mandates to last different from the settled down one in article 10, for only time.
The anticipated thing in article 11, interjections 2 and 3, is applicable from the second stage of the transition.
Sixth System of adoption of decisions
During the first stage of the transition, the decisions of the Parliament, in the assumptions mentioned in the article 4, interjection 12, will be made by special majority.
During the first stage of the transition, the budget of the Parliament will be resolved by the States Parts by means of equal contributions.
FACT in the city of Montevideo, to the nine days of the month of December of year two thousands five, in an original one in the languages Spanish and Portuguese, being both equally authentic texts.
BY THE GOVERNMENT OF THE REPUBLICA ARGENTINA
Néstor Kirchner - Jorge Taiana
BY THE GOVERNMENT OF THE FEDERAL REPUBLICA OF BRAZIL
Luiz Inácio Lula Da Silva - Celso Luiz Nunes Amorim
BY THE GOVERNMENT OF THE REPUBLICA OF PARAGUAY
Nicanor Duarte Fruits - Leila Rachid
BY THE GOVERNMENT OF THE EASTERN REPUBLICA OF URUGUAY
Tabaré Vázquez - Reinaldo Gargano