The constitutional base of the new Communal Parliament installed by Diosdado
By Jesus Silva R., December 16, 2014.
Published on Aporrea, Original Spanish:
Translation by Fred Mills
The leader of the PSUV Diosdado Cabello (still the leader of the National Assembly) has declared the installation of a new Communal Parliament as of 15-12-2015.
From a legal point of view, this new body does not contradict nor dissolve nor obstruct the functioning of the Constitutional Assembly.
Obviously from the political point of view a new forum of citizen participation or form of popular organization is appearing that takes on a protagonism in parallel to the Legislative Power, however article 5 of the Constitution of the Republic of Venezuela provides for (establece) this when it refers to the forms of popular organization aimed at the exercise of direct sovereign power.
Moreover this Communal Parliament can generate binding decisions, that is, valid legal acts in the sphere of Public Law; for example approve budgets for the communes and communal councils. At the same time this [legal] power is derived from article 70 of the Carta Magna, that expresses:
“Participation and involvement of people in the exercise of their sovereignty in political affairs can be manifested by: voting to fill public offices, referendum, consultation of public opinion, mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of citizens whose decisions shall be binding among others; and in social and economic affairs: citizen service organs, self-management, co-management, cooperatives in all forms, including those of a financial nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation and solidarity. “[English version by constituteproject.org]
For its part, the opposition National Assembly will continue to exercise its constitutional responsibility to approve the budgets that traditionally have pertained to the National Assembly such as that of the nation, as well as that of the states and municipalities. For sure these matters will be subordinated to the political maneuvers of the MUD and not the national interest. Many budgets will be rejected.
In conclusion, the new political situation makes it probable that more budgets will be geared towards the development of the Communal State, and more plans and social work will be focused on the revolutionary aim of consolidating the buen vivir (living well) of the communal councils and communes. This could be a point of departure for the necessary re-launching of the bolivarian process.