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In the
Republic of Cuba sovereignty lies in the people, from whom
originates all the power of the state. That power is
exercised directly or through the assemblies of People's
Power and other state bodies which derive their authority
from these assemblies, in the form and according to the
norms established in the Constitution and by law.
HIGHER BODIES OF PEOPLE'S POWER:
·
The
National Assembly of People's Power:
The
National Assembly of People's Power is the supreme body of
state power and represents and expresses the sovereign will
of all the people.
The
National Assembly of People's Power is the only body in the
Republic invested with constituent and legislative
authority.
The
National Assembly of People's Power is comprised of deputies
elected by free, direct and secret vote, in the proportion
and according to the procedure established by law.
The
National Assembly of People's Power is elected for a period
of five years.
The
period can only extended by virtue of a resolution of the
Assembly itself in the event of war or in the case of other
exceptional circumstances that may impede the normal holding
of elections and while such circumstances exist.
The
National Assembly of People's Power, on meeting for a new
legislature, elects from among its deputies its president,
vice president and secretary. The law regulates the manner
and procedure in which the Assembly is constituted and
carries out this election.
The
National Assembly of People's Power elects, from among its
deputies, the Council of State, which consists of one
president, one first vice president, five vice presidents,
one secretary and 23 other members.
The
president of the Council of State is, at the same time, the
head of state and head of government.
The
Council of State is accountable for its action to the
National Assembly of People's Power, to which it must render
accounts of all its activities.
The
National Assembly of People's Power is invested with the
following powers:
a)
deciding on reforms to the Constitution according to that
established in Article 137;
b)
approving, modifying and annulling laws after consulting
with the people when it is considered necessary in view of
the nature of the law in question;
c)
deciding on the constitutionality of laws, decree-laws,
decrees and all other general provisions;
d)
revoking in total or in part the decree-laws issued by the
Council of State;
e)
discussing and approving the national plans for economic and
social development;
f)
discussing and approving the state budget;
g)
approving the principles of the system for planning and the
management of the national economy;
h)
approving the monetary and credit system;
i)
approving the general outlines of foreign and domestic
policy;
j)
declaring a state of war in the event of military aggression
and approving peace treaties;
k)
establishing and modifying the political-administrative
division of the country pursuant to that established in
Article 102;
l)
electing the president, vice president and secretary of the
National Assembly;
m)
electing the president, the first vice president, the vice
presidents, the secretary, and the other members of the
Council of State;
n)
approving, at the initiative of the president of the Council
of State, the first vice president, the vice presidents and
the other members of the Council of Ministers;
o)
electing the president, vice presidents and other judges of
the People's Supreme Court;
p)
electing the attorney general and the deputy attorney
generals of the Republic;
q)
appointing permanent and temporary commissions;
r)
revoking the election or appointment of those persons
elected or appointed by it;
s)
exercising the highest supervision over state and government
bodies;
t)
keeping informed and evaluating and adopting pertinent
decisions on the reports on the rendering of accounts
submitted by the Council of State, the Council of Ministers,
the People's Supreme Court, the Office of the Attorney
General of the Republic and the Provincial Assemblies of
People's Power.
u)
revoking those provisions or decree-laws of the Council of
State and the decrees or resolutions of the Council of
Ministers which are contrary to the Constitution or the law;
v)
revoking or modifying those resolutions or provisions of the
local bodies of People's Power which encroach on the
Constitution, the laws, the decree-laws, the decrees and
other provisions issued by a higher body, or those which are
detrimental to the interests of other localities or the
general interests of the nation;
w)
granting amnesty;
x)
calling for the holding of a referendum in those cases
provided by the Constitution and others which the Assembly
considers pertinent; y) establishing its ruler and
regulations;
z) all
other powers invested by this Constitution.
·
The
Council of State:
The
Council of State is the body of the National Assembly of
People's Power that represents it in the period between
sessions, puts its resolutions into effect and complies with
all the other duties assigned by the Constitution.
It is
collegiate and for national and international purposes it is
the highest representative of the Cuban state.
The
Council of State is invested with the power to:
a)
summon special sessions of the National Assembly of People's
Power;
b) set
the date for the elections for the periodic renovation of
the National Assembly of People's Power;
c)
issue decree-laws in the period between the sessions of the
National Assembly of People's Power;
d) give
existing laws a general and obligatory interpretation
whenever necessary;
e)
exercise legislative initiative;
f) make
all the necessary arrangements for the holding of
referendums called for by the National Assembly of People's
Power;
g)
decree a general mobilization whenever the defense of the
country makes it necessary and assume the authority to
declare war in the event of aggression or to approve peace
treaties - duties which the Constitution assigns to the
National Assembly of People's Power - when the Assembly is
in recess and cannot be called to session with the necessary
security and urgency;
h)
replace, at the initiative of its president, the members of
the Council of Ministers in the period between the sessions
of the National Assembly of People's Power;
i)
issue general instructions to the courts through the
Governing Council of the People's Supreme Court;
j)
issue instructions to the Office of the Attorney General of
the Republic;
k)
appoint and remove, at the initiative of its president, the
diplomatic representatives of Cuba in others states;
l)
grant decorations and honorary titles;
m) name
commissions;
n)
grant pardons;
o)
ratify or denounce international treaties;
p)
grant or refuse recognition to diplomatic representatives of
other states;
q)
suspend those provisions of the Council of Ministers and the
resolutions and provisions of the Local Assemblies of
People's Power which run counter to the Constitution or the
law or which run counter to the interests of other
localities or to the general interests of the country,
reporting on this action to the National Assembly of
People's Power in the first session held following the
suspension agreed upon;
r)
revoke those resolutions and provisions of the local bodies
of People's Power which infringe the Constitution, the laws,
the decree-laws, the decrees and other provisions issued by
a higher body or when they are detrimental to the interests
of other localities or to the general interests of the
nation;
s)
approve its rules and regulations;
t) it
is also invested with the other powers conferred by the
Constitution and laws or granted by the National Assembly of
People's Power.
All the
decisions of the Council of State are adopted by a simple
majority vote of its members.
The
mandate entrusted to the Council of State by the National
Assembly of People's Power expires when the new Council of
State, elected by virtue of its periodic renovation, takes
power.
·
The
Council of Ministres:
The
Council of Ministers is the highest ranking executive and
administrative body and constitutes the government of the
Republic.
The
number, denomination and functions of the ministries and
central agencies making up the Council of Ministers are
determined by law.
The
Council of Ministers is composed of the head of state and
government, as its president, the first vice president, the
vice presidents, the ministers, the secretary and the other
members that the law determines.
The
president, first vice president, vice presidents and other
members of the Council of Ministers, as determined by the
president, make up the Executive Committee.
In
periods between the meetings of the Council of Ministers,
the Executive Committee can decide on matters under the
jurisdiction of the Council of Ministers.
The
Council of Ministers is invested with the power to:
a)
organize and conduct the political, economic, cultural,
scientific, social and defense activities outlined by the
National Assembly of People's Power;
b)
propose the draft general plans for the socioeconomic
development of the state and, after these are approved by
the National Assembly of People's Power, organize, conduct
and supervise their implementation;
c)
conduct the foreign policy of the Republic and relations
with other governments;
d)
approve international treaties and submit them to
ratification by the Council of State;
e)
direct and control foreign trade;
f) draw
up the draft for the state budget and, once it is approved
by the National Assembly of People's Power, to see to its
implementation;
g)
adopt measures aimed at strengthening the monetary and
credit system;
h) draw
up bills and submit them to the consideration of the
National Assembly of people's Power or the Council of State,
accordingly;
i) see
to national defense, the maintenance of order and security
at home, the protection of citizens' rights and the
protection of lives and property in the event of natural
disasters;
j)
conduct the administration of the state and unify,
coordinate and supervise the activities of the agencies of
the central administration and local administrations;
k)
implement the laws and resolutions of the National Assembly
of People's Power and the decree-laws and provisions issued
by the Council of State and, if necessary, dictate the
corresponding regulations;
l)
issue decrees and provisions on the basis of and pursuant to
the existing laws and supervise their implementation;
m)
revoke the decisions taken by those administrations
subordinated to the Provincial or Municipal Assemblies of
People's Power, adopted according to the powers delegated by
the central state administration agencies, when these are
contrary to the instructions issued from a higher level and
whose fulfillment is compulsory;
n)
propose to the Provincial and Municipal Assemblies of
People's Power the revocation of those provisions adopted
during their specific activities by the provincial and
municipal administrations subordinated to them, when these
are contrary to the instructions approved by the central
state administration agencies, in the exercise of their
functions;
o)
revoke those provisions issued by heads of central state
administration agencies when these are contrary to the
instructions issued from a higher level and whose
fulfillment is compulsory;
p)
propose to the National Assembly of People's Power or to the
Council of State the suspension of those resolutions and
provisions issued by the local assemblies of People's Power
which infringe existing laws and other provisions or are
detrimental to the interests of other communities or the
general interests of the nation;
q) name
the commissions it deems necessary to facilitate the
fulfillment of the tasks assigned to it;
r)
appoint and remove officials in keeping with the powers it
is invested with by the law;
s)
assume any duty assigned to it by the National Assembly of
People's Power or the Council of State.
The law
regulates the organization and functioning of the Council of
Ministers.
The
Council of Ministers is accountable to and periodically
renders account of its activities to the National Assembly
of People's Power.
·
The
National Defense Council:
The
National Defense Council is constituted and prepared during
peacetime to lead the country in conditions of a state of
war, during a war, a general mobilization or a state of
emergency. The law regulates its organization and
activities.
LOCAL BODIES OF PEOPLE'S POWER
The
Assemblies of People's Power set up in the
political-administrative divisions into which the country is
divided are the higher local bodies of state power.
Therefore, they are invested with the highest authority for
the exercise of their state functions within their
respective boundaries. To this effect they govern in all
that is under their jurisdiction and the law.
They
also aid in the development of activities and the
fulfillment of plans of those units in their territory which
are not subordinated to them, as prescribed by law.
The
local administrations established by these Assemblies direct
the economic, production and service entities locally
subordinated to them, with the purpose of meeting the needs
for economic, health care, assistance, educational,
cultural, sports and recreational services of the collective
in the territory under the jurisdiction of each.
For the
exercise of their functions the local Assemblies of People's
Power find support in the People's Councils and the
initiative and broad participation of the population and
they act in close coordination with the social and mass
organizations.
The
People's Councils are constituted in cities, towns,
neighborhoods and rural areas; they are invested with the
highest authority for carrying out their functions; they
represents the territory where they carry out their
functions and also represent the municipal, provincial and
national bodies of People's Power.
They
work actively for efficiency in the development of
production and service activities and for meeting the needs
for health care, economic, educational, cultural and social
activities of the population, promoting the broadest
participation of the population and the local initiatives to
resolve their problems.
They
coordinate the work of the existing entities in their field
of action, promote cooperation among them and control and
supervise their activities.
The
People's Councils are made up of the delegates elected in
the districts, who must choose among themselves their
president. The representatives of mass organizations and the
most important institutions in the territory may form part
of the Councils.
The law
regulates the organizations and functions of the People's
Councils.
In the
limits of their jurisdiction, the Provincial Assemblies of
People's Power are invested with the power to:
a) obey
and help to enforce the laws and other general regulations
adopted by the higher state bodies;
b)
approve and control the execution of the province's income
and spending budget and plan, according to the policies
agreed upon by the competent national agencies;
c)
elect or recall the president and vice president of the
Provincial Assembly;
d)
designate or substitute the secretary of the Assembly;
e)
participate in the drawing up and supervision of the state
budget and technical-economic plan, corresponding to the
entities located in its territory and subordinated to other
bodies, as prescribed by law;
f)
control and supervise the activities of the provincial
administration body with the help of its work commissions;
g)
designate or substitute the members of the provincial
administration body, at the proposal of its president;
h)
determine, according to the principles established by the
Council of Ministers, the organization, functioning and
tasks of the entities in charge of carrying out the
economic, production and services, educational, health care,
cultural, sports, protection of the environment and
recreational activities, which are subordinated to the
provincial administration body;
i)
adopt agreements concerning administration matters in its
territory and which, according to law, do not correspond to
the general jurisdiction of the central state administration
or to that of the municipal bodies of state power;
j)
approve the creation and organization of the People's
Councils at the proposal of the Municipal Assemblies of
People's Power;
k)
revoke, in the framework of its jurisdiction, the decisions
adopted by the provincial administration body or propose
their revocation to the Council of Ministers when these
decisions have been adopted while acting according to the
faculties entrusted to them by the central state
administration agencies;
l)
study and evaluate the rendering of accounts reports
presented by their administration body and the Assemblies of
People's Power which are their subordinates, and adopt the
pertinent decisions regarding those reports;
m) set
up or dissolve work commissions;
n)
attend to all that relevant to the application of the policy
on cadres drawn up by the higher state bodies;
o)
strengthen legality, public order and the country's defense
capacity;
p)
assume any other duty assigned by the Constitution and by
law.
In the
limits of their jurisdiction, the Municipal Assemblies of
People's power are invested with the power to:
a) obey
and help to enforce the laws and other general regulations
adopted by the higher state bodies;
b)
select or recall the president and vice president of the
Assembly;
c)
designate or substitute the secretary of the Assembly;
d)
supervise and control the entities subordinated to the
municipal body, with the support of the work commissions;
e)
revoke or modify the resolutions and measures of the bodies
or authorities subordinated to them which are contrary to
the Constitution or the laws, decrees-laws, decrees,
resolutions enacted by the higher state bodies or those
which affect the interest of the community, of other
territories or the general interests of the country, or
propose their revocation to the Council of Ministers when
they have been adopted while acting according to the
faculties entrusted to them by the central state
administration agencies;
f)
adopt agreements and enact measures in the framework of the
Constitution and the laws in force, on matters of municipal
interest, and control their application;
g)
designate or substitute the members of its administration
body on the proposal of its president;
h)
determine, according to the principles established by the
Council of Ministers, the organization, functioning and
tasks of the entities in charge of carrying out economic,
production and services, and health care activities, and
others such as assistance, educational, cultural, sports,
protection of the environment and recreational activities
which are subordinated to its administration body;
i)
propose the creation and organization of the People's
Councils, as established by law;
j)
constitute or dissolve work commissions;
k)
approve the municipality's socioeconomic plan and budget,
following the policy drawn up for this by the competent
agencies of the central state administration, and control
their execution;
l) help
in the development of activities and the fulfillment of
production and service plans of the entities located in
their territory which are not subordinated to them, for
which they can draw support from their work commissions and
administration body;
m)
study and evaluate the rendering of accounts reports
presented by their administration body and adopt the
pertinent decisions thereof;
n)
attend to all that having to do with the application of the
policy on cadres drawn up by the higher state bodies:
o)
strengthen legality, public order and the country's defense
capacity;
p)
carry out any other functions assigned by the Constitution
and by law.
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