National Assembly of Venezuela
The National Assembly is the federal legislature of the Bolivarian Republic of Venezuela, which was first elected in 2000 under the 1999 constitution. It is a unicameral body made up of a variable number of members, who are elected by a "universal, direct, personal, and secret" vote partly by direct election in state-based voting districts, and partly on a state-based party-list proportional representation system.
Each of the 23 states and the Capital District elects no less than three representatives plus the result of dividing the state population by 1.1% of the total population of the country. Three seats are reserved for representatives of Venezuela's indigenous peoples and elected separately by all citizens, not just those with indigenous backgrounds. For the 2010 to 2015 the total number of seats was 165, with 167 from 2015 to 2021.
Deputies to the National Assembly serve a five-year term and may be re-elected for a maximum of two consecutive terms. The National Assembly meets in the Federal Legislative Palace in Venezuela's capital, Caracas.
Legislative history
1961 Constitution
Under its previous, Venezuela had a bicameral legislature, known as the Congress '. This Congress was composed of a Senate ' and a Chamber of Deputies .The Senate was made up of two senators per state, two for the Federal District, and a number of ex officio senators intended to represent the nation's minorities. In addition, former presidents were awarded lifetime senate seats.
Senators were required to be Venezuelan-born citizens and over the age of 30.
The members of the Chamber of Deputies were elected by direct universal suffrage, with each state returning at least two. Deputies had to be at least 21 years old.
The Senate and the Chamber of Deputies were each led by a President, and both performed their functions with the help of a Directorial Board. The President of Senate of Venezuela held the additional title of "President of the Congress", and was the constitutional successor of the President of Venezuela in case of a vacancy. This succession took place in 1993, when Octavio Lepage succeeded Carlos Andrés Pérez.
1999 Constitution
was first elected as President of Venezuela in December 1998 on a platform calling for a constituent assembly to be convened to draft a new constitution for the country. Chávez's argument was that the existing political system, under the earlier 1961 Constitution, had become isolated from the people. In the Constituent Assembly elections held on 25 July 1999, all but six seats were given to candidates associated with the Chávez movement. The Constituent National AssemblThe ANC's proposed constitution was later approved in a referendum on 15 December 1999, with voter turnout at 44%, and came into effect on 20 December.
2017 constitutional crisis
On 29 March 2017, the Supreme Tribunal of Justice, led by Maikel Moreno, ruled that the opposition-controlled National Assembly was in contempt and transferred all legislative powers to the court itself. The TSJ had previously declared the Assembly in contempt in 2016 after it swore in several legislators whose elections had been annulled. The 2017 ruling stated that this “situation of contempt” prevented the Assembly from exercising its constitutional authority. As a result, legislative powers shifted from the Assembly, which had been under opposition control since 5 January 2016, to the pro-government Supreme Court. The opposition condemned the decision, with Assembly President Julio Borges calling it a coup d’état by President Nicolás Maduro. Following widespread protests and international criticism, the ruling was partially reversed on 1 April 2017.On 4 August 2017, Venezuela convened a new Constituent National Assembly after a special election which was boycotted by the Democratic Unity Roundtable and other opposition parties. The new Constituent Assembly was officially intended to rewrite the constitution; it also had wide legal powers allowing it to rule above all other state institutions. The Constituent Assembly met within the Federal Legislative Palace; while the leadership of the National Assembly had said it would continue its work as a legislature and it would still continue to meet in the same building.
On 18 August, the Constituent Assembly summoned members of the National Assembly to a ceremony intended to acknowledge its claimed legal authority, though no such authority formally existed. Opposition lawmakers boycotted the event, after which the Constituent Assembly assumed all legislative powers from the National Assembly. It justified the move by accusing the Assembly of failing to curb what it described as “opposition violence” during the 2017 Venezuelan protests. The legality of this decision has been widely disputed and condemned by several foreign governments and international organizations.
2020 contested leadership election
The 2020 Delegated Committee election on 5 January 2020 was marked by controversy, resulting in two competing claims to the presidency: one by deputy Luis Parra and the other by incumbent Juan Guaidó. Parra, a former member of Justice First expelled in December 2019 over corruption allegations he denied, declared himself president inside the legislature with an alleged 87 votes. His claim was endorsed by the Second Maduro Government. The opposition rejected the result, arguing that no quorum was present and no votes had been formally counted. On the same day, security forces blocked several opposition lawmakers, including Guaidó, from entering the parliamentary building, and restricted access to members of the press.Later that day, a parallel session was held at the offices of El Nacional newspaper in Caracas, where 100 of the 167 deputies voted to re-elect Guaidó as president. During the session, Guaidó announced his resignation from Popular Will in order to dedicate himself fully to his role as head of parliament and Interim president.
On 7 January, Guaidó forced his way into the legislative chamber through police barricades, where he was sworn in as president of the Assembly despite power cuts inside the building. Parra, meanwhile, continued to assert his own claim to the presidency.
Membership
Any Venezuelan citizen by birth or naturalization, with at least fifteen years of residence in Venezuelan territory, who is 21 years of age or older, is eligible to be elected as a deputy to the National Assembly. However, the same person cannot hold the office of President or Vice President of the Republic, Minister, Secretary of the Presidency, or hold senior positions in Autonomous Institutes or State-owned companies, until three months after leaving these positions. Additionally, state governors, secretaries of government, and other officials at the municipal, state, or national level in the jurisdiction where the election takes place are also ineligible unless holding accidental, assistance, teaching, or academic positions.A deputy of the National Assembly cannot own, manage, or direct companies that contract with state entities, nor can they manage private lucrative interests with such entities. Deputies are obliged to abstain from voting on issues where they have an economic conflict of interest. Moreover, they are not allowed to accept or exercise other public offices without losing their status as deputies, except for teaching, academic, or assistance activities that do not require full-time dedication.
Structure and powers
Under the current Bolivarian 1999 Constitution, the legislative branch of Government in Venezuela is represented by a unicameral National Assembly. The Assembly is currently made up of 277 seats. Officials are elected by "universal, direct, personal, and secret" vote on a national party-list proportional representation system. In addition, three deputies are returned on a state-by-state basis, and three seats are reserved for representatives of Venezuela's indigenous peoples.All deputies serve five-year terms and must appoint a replacement to stand in for them during periods of incapacity or absence. Under the 1999 constitution deputies could be reelected on up to two terms ; under the 2009 Venezuelan constitutional referendum these term limits were removed. Deputies must be Venezuelan citizens by birth, or naturalized Venezuelans with a period of residency in excess of 15 years; older than 21 on the day of the election; and have lived in the state for which they seek election during the previous four years.
Beyond passing legislation, the National Assembly has a number of specific powers outlined in Article 187, including approving the budget, initiating impeachment proceedings against most government officials and appointing the members of the electoral, judicial, and prosecutor's branches of government. Among others it also has the power to authorize foreign and domestic military action and to authorize the President to leave the national territory for more than 5 days.
The Assembly is led by a President with 2 Vice Presidents, and together with a secretary and an assistant secretary, they form the Assembly Board of Directors, and when it is on recess twice a year, they lead a Standing Commission of the National Assembly together with 28 other MPs.
Since 2010 the Assembly's 15 Permanent Committees, created by the 2010 Assembly Rules, are composed by MPs tackling legislation of various issues. The Committees' offices are housed in the José María Vargas Building in Caracas, few hundred yards from the Federal Legislative Palace, the former building is also where the offices of the Assembly leadership are located.
Under Article 241 of the Constitution, if the Executive Vice President is removed from office three times within a single constitutional term through the approval of motions of censure, the President is authorized to dissolve the National Assembly. A decree of dissolution requires that elections for a new legislature be held within sixty days. The Assembly may not be dissolved during the final year of its constitutional term.