The alert thing, now when for many, especially for the leadership opponent seemed that there is no another interest topic, but seeing the way of achieving a curulito in the Congress, the true thing is that, as well as they mounted authorities and stopped without competences in the governors and elect mayors for popular voting, since for what one reckons is to displace it (to the National Assembly) for the “Communal Parliament” so that the called communes could approve the laws. On a little Chávez it walks under the insistence of what it would mean if the opposition was gaining most of deputies to the AN, because there would be finished the achievements of the revolution, which would be a "disaster". This is known as the information paves the way … On this attached, related and an article of very illustrative Luis Marin to understand the “Federal Council of Government”, when is known extensively the “rejection of the diet” to the division of the powers. Marcos Carrillo, also mentions that one has not given him the due importance.
Related in my blog
- The decentralization has died in Venezuela. Organic law of the Federal Council of Government
February 25, 2010 - “The powers division debilitates the State”. The judgment of 2009 in Venezuela
January 04, 2010
The Assembly will be displaced by the “Communal Parliament”
The chavismo proposes communes and social groups to approve the laws
The AN will create a National Record of Social Organizations and will teach the people to legislate (Enio Perdomo)
Related content
While they all, chavistas and opponents, dream of a curul, a plan is in march to shake the National Assembly.
In his emulation to destroy the "bourgeois" system, the government party thinks about how to sit the bases of the “communal State”, which a “communal government” includes and now a “Communal Parliament”.
To relaunch the social street parlamentarismo, the AN planned a strategy that contemplates the establishment of the “Communal Parliament”, which defines this way: "Organizational platform that in accordance with the constitutional beginning its own community exercises the act of normar, proposes legislative initiatives and exercises social control of the public management”.
The attainment of this goal bears the creation of the National Record of Social Organizations and the installation of “community spaces for the parliamentary debate” in thousand 134 parishes of the country.
From the bases
At the head of this effort there is the first vice-president of the AN, Darío Vivas. “We are teaching the people to legislate with the intention of shaping the ‘Communal Parliament’, where the organizational base of the people, like the communal advices and the communes, they could prepare their own norms”, he tells Alive.
The deputy of the PSUV for Caracas points out that they cite as an example the raised for the president Hugo Chávez Frías, who has said that the communities must sanction his “communal letters”. “There are norms of coexistence that are created for the cooperation and the social, cultural, political and economic exchange”, sums up also coordinator of mobilization of the red tolda.
Will it displace the “Communal Parliament” to the AN? “He remembers that the sovereignty resides in the people, we are in a democracy participativa and of popular leading role. We cannot erect ourselves like the representatives of the popular sovereignty, simply we are spokesmen of this people”, he answers Alive.
The assemblyman supports that “the people has the responsibility of saying to us what thing they want that we pass. They will prepare in his communities, in his fronts of work, the proposals of laws that must come to the AN”.
Although there is no certain formula yet, Live he thinks that the “Communal Parliament” might “pass in the first instance” the texts that later would be considered by the Chamber. “Here we are going to work so that there is an instance of decision of the people preparing laws”, pronounces himself the leader of the PSUV.
Step by step
The social street parlamentarismo initiates this year submitting to consultation the Organic Law of Participation and Popular Power, the Law of Social Controller's office, Law of Social Property, Organic Law of Public Planning, the reform of the Law of Popular Economy and the Law for the Communes. With this instruments "block" they try to impel the “strengthening of the popular power”.
In the Organic Law of Participation and Popular Power, approved in the first discussion for the Chamber last December 16, they express that the commune “takes the biggest commitment of the citizens as an intention in the planning, making of the budget and the governance of the communities, allowing to the people to exercise the power in the form as direct as possible”.
In another document written by the AN and distributed on Wednesday in the frame of the social parlamentarismo of street, they aim that “the popular and socialistic communes are named to turn into the political-territorial new units to construct the new revolutionary social textile”.
In the state Portuguese, the governor Wilmar Castro Soteldo already tests a proposal of “the communal State”. The regional chief has constituted a hundred of “communal circuits”, species of groups of communal advices that design productive projects, they administer resources and realize political, ideological and electoral tasks. “The most iron opponents of this were the mayors and the members of the Legislative Council, all of the PSUV”, confessed Castro Soteldo on Wednesday, the 24th of February in the Commission of Civil Participation of the AN.
The legal scaffolding that the capitalist State allows to suppress to impose in his place the "communal" State still has not been raised. Nevertheless, the chavismo advances and for it he thinks to rest on the “Communal Parliament”.
On Sunday, the 14th of March
Pedro Pablo Peñaloza
THE UNIVERSAL ONE
Federal council of Government
For Luis Marín
Newspaper of America
The rejection of the diet is already public and well-known to the division of three public powers, which has been qualified like a weakening of the power of the executive; with this law of the Federal Council of Government and his Regulation politician is spurred against another form of (vertical) division of the power between regions - territorial autonomous, in favor of a centralism openly totalitarian.
The article 185 of the Constitution, of the CFG, establishes the decentralization and competitions transference “of the National Power to the States and Municipalities”; it does not even mention to the communal advices, communes or other forms of base organization of the “Popular Power”.
On the contrary, the Organic Law of the Federal Council of Government, but especially his Regulation, speech of decentralization and transference of competences of the States and Municipalities in the base organizations of the “Popular Power”. He even speaks about full "restitution" of the power to the “Sovereign People”, of being "return" gradually the government capacity to the village.
The minor analysis is not necessary to warn that the Law has not anything in common with what says the Constitution. The jurisprudence of the Supreme Court of Justice would name it “a constitutional fraud”; but not the only one neither nor the most serious.
The law and his regulation establish a new territorial arrangement integrated by Strategic Axes of Development and Motive Districts of Development, to culminate in Communal Advices, communes and other forms of popular organization, which are not entities politician territorial, not even in the sense of those texts.
But the really alarming thing is that they attribute to the President of the Republic the competition to rectify or to restructure the territorial order of the Republic: for regulatory route!
What, in addition to being a car attribution of competitions, contradicts the arranged in the article 236 of the Constitution in which there are fixed the attributions of the President of the Republic, who does not contemplate that of rectifying or restructuring the territorial order. Or, that raises a conflict between the 5th article about a simple Regulation with the article 16 of the Constitution, which says what the division of the national territory is.
The decentralization can be: of the national power to the states and municipalities, which is the "territorial" call, to which there refers the above quoted article 185 of the Constitution; and the decentralization of services, which performs the central power towards decentralized entities, like the Autonomous Institutes.
But the said law and regulation re-defined the generally accepted concept of “decentralization“ to replace it with other the revolutionary taste. According to the new definition, it consists of transferring competences of the territorial entities in not territorial entities called Communal Advices, communes or other base organizations of the “Popular Power”.
DEFINITIONS. A regulation of for himself exorbitant, it penetrates into the big topics of constitutional theory to make sat, beyond any discussion, what is what must be understood by each of them, manu militari, with control voice.
This way “federalism“ is not a form of organization of the territorial political power, invented in the United States of North America and then adopted as almost the whole Latin America, from Mexico to the Patagonia, happening for Brazil and even Venezuela, but slightly much sui generis.
Instead of administrative region of the power, this new federalism is based on the beginning of territorial, economic and political integrity of the Nation, on the cooperation, solidarity, concourse and joint responsibility between institutions of the State and sovereign people, for: the construction of the socialistic society!
The new federalism will achieve this laudable intention “by means of the leading participation of the people organized in the functions of government and in the administration of the factors and a half of production of goods and services of social property, like guarantee of the full exercise of the popular sovereignty opposite to any attempt of the national and regional oligarchies of concentrating, of centralizing and of monopolizing the political and economic power of the Nation and of the regions” (sic).
Also “decentralization“ is not the mentioned concept up supra, in his territorial forms and of services, but one treats the Sovereign People as the “full restitution of the power”, by means of the gradual transference of competitions and services from the institutions towards the organized communities. It consists of reaching the authentic democracy “returning the government capacities to the village”.
“Transference of competitions” is a process by means of which “the territorial entities return the Sovereign People, the competitions in the matters established in the law, in congruity with the article 184 of the Constitution”.
The small detail is that the article 184 refers to the decentralization of “services“ in the municipal ambience, he does not speak for anything of transferring “competitions“. His ambience is the Municipality, not the Federal Council of Government, regulated in the article 185, which refers to the territorial decentralization, not to the transference of services about which he speaks 184 or about competences to which the law refers.
But the most grand thing is that between these “entities politician territorial” that must return competences in the Sovereign People, the Republic is not in accordance with the same definition that does the regulation.
In the entities definition politician territorial mentions the States, Municipalities and the Metropolitan District; but not to the Republic, so the Central Power does not transfer anything to anybody, by means of a coarse writing device.
SOCIALISM. The Organic Law of the CFG plans like mission to strengthen the popular power “for the sake of facilitating the transition towards the socialism”. So that it must not surprise that the regulation repeats 9 times the same expression and even tries a definition of what debit to be understood by similar thing.
“The socialism is a way of social relations of production centred on the united coexistence and the satisfaction of the material and intangible needs of the whole society, who takes as a fundamental base the recovery of the value of the work as producer of goods and services to satisfy the human needs and to manage Supreme Felicidad Social.” Likewise, with capital letters.
To achieve this marvel “there is necessary the development of the social property on the basic and strategic factors and a half of production”.
Surely it turns out to be superfluous to begin to wonder porqué a simple regulation of a law begins to pass between philosophical-political concepts so full debatable; but the fact is that this is not the simple regulation of a law, it is a political manifesto ideological and like that it must be interpreted.
He is not also worth while analyzing the internal consistency of this definition, especially in how it gears the “united coexistence” into the classes struggle; if the "intangible" needs have something to do with the religion, which is the opium of the people; or if the supreme social happiness has something to do with the satisfaction of the individuals, who are the only ones capable of being happy, because the "social" happiness is something that does not manage to be seen; or if “the full use of his economic, social, political and cultural rights” includes also to the "bourgeoisie"; but this would be to take the question too seriously.
Better let's try to see in what this can be translated in practical terms, what also it makes superfluous to shelter any illusion as for survival of the private ownership and of individual rights in the proposed scheme.
It forces itself the states and municipalities to present in the first fifteen days of every year his proposals of decentralization and transference of competitions to the base organizations of “Popular Power”. This emptying joined the development of projects and distribution of resources across strategic axes and motive districts of development, he drives in practice to the elimination of the Federal State, to replace it with a completely centralized absolute diet, without administrative region of the power.
The systems of constitutional control of the power are: the horizontal control panel, which it is the division in executive, legislative and judicial; and the vertical control panel, which it is the division in Republic, the States and Municipalities.
The rejection of the diet is already public and well-known to the division of three public powers, which has been qualified like a weakening of the power of the executive; with this law of the Federal Council of Government and his Regulation politician is spurred against another form of (vertical) division of the power between regions - territorial autonomous, in favor of a centralism openly totalitarian.
CUBANISMS. At this point it turns out to be completely anecdotal to emphasize that the regulation foresees the designation of the “Only Authority Distrital”, in the headquarters of every Motive District of Development; as well as that his functions will be assigned to them by the President of the Republic in the Decree of creation of the respective District, with what it is not excluded that each one could have theirs particular, in opinion of the Commander in Chief.
The same would be to remember that the base organizations of the “Popular Power” are not also chosen by anybody, but they are validated by the Department “with competition in civil participation”, without being said which should be clearly, therefore in practice it might be any.
It turns out to be completely obvious that the system of legitimization of the power by means of the popular vote is completely abolished in this system. On the other hand, the planning continues an ascending order, from the local advices, to the policemen, estadales, regionally and finally nationals, bearing in mind to that all these plans “attend to the vision of country and to the strategic course contained in the Economic and Social Development plan of the Nation”, that is the plan directed to the socialism.
East is, to the tracing, the system of the reigning Soviet State for seventy years in the USSR and that today only survives in Cuba. Not in vain the literal translation from Russian to Spanish of the word "soviet" is “an advice“, as well as “commune“ is the root of the word “communism“.
Finally, like so that doubts do not stay of what is the philosophy that is in the background of this regulation, it could not allow having his militaristic trace and demencial, for what it is enough an example. It is established that the President will be able “in Revolutionary Council of the Ministers”, to create, to modify, to suppress one or several Motive Districts of Development, which limits “will be able to coincide or not with the territorial limits of the states, municipalities or federal dependencies; in his defect (sic) will be established by them in accordance with the system of geographical coordinates or Universal Cross street of Mercator (U.T.M). or considering geographical criteria associated with the watersheds and levels that represent significant changes of earring that give place to units of different scenery”. Understand it the one who could!
It is possible to spend the rest of the life wondering where from this "Revolutionary" Council of the Ministers went out, and porqué here it is like that and in all the other cases not; or to relax with that one “in his defect” that is not known about what; but what yes curls the curl is the U.T.M. that, there say those who know of that, it is a system of geographical coordinates created by the engineers' body of the army of the United States, universalizado to the armed forces allied in 1940, during the Second World war, to overcome the problems of cartographic calculation (on flat maps) of troops opened on ground and sea (it spread lightly I curl).
What carajo does this do here?
The Devil, they say those who know of that, it always leaves the trace of his hoof, where less it is waited.
3/19/2010
Chávez and the pitfalls to the parliamentary elections
Marcos R. Cheek P.
Chávez and his servers are known lost in the elections of September 26 (26S), there is no doubt. Also the results go to irrespetar. This is another certainty than any democratic debit to warn. The supervision realized by such a Ramiro Valdez, pretor of the Cuban empire, and the attitude driven to despair of his principal card in Venezuela (and president, for the time being) there are enough signs of the fear of the democracy that there have the totalitaristas that today govern the country. But, in addition to these attitudes, also they have happened to realize concrete actions to begin, from already, to damage the result of the parliamentary elections.
Last Sunday there was published news to which one has not given him the due transcendency. The information realized of that the AN would be displaced by a so called “communal parliament”. The instance would be shaped by groups registered in a so called “National Record of Social Organizations” and would work in community spaces for the parliamentary debate (?). His function would be that of legislating and approving in the first instance the texts that would surrender to the AN. In other words, the work of the National Parliament, it would be subordinated to the orders of the above mentioned organizations.
Almost in parallel, in one of the most miserable attitudes of that news it has had in our history, the magistrates of the TSJ proceeded to grant themselves a retirement in mass that, according to experts laboralistas, can come to totals of several million dollars for services concept, more his respective monthly pensioncita of more of Bs. 50.000 - total that would serve to give a pension to more than fifty persons. Does How plow you Fidel?
Beyond the rude implicit demagogy in the first situation and of the shamelessness of the second one, it must make notice an obvious strategy to empty of any action capacity the future AN, as one has come doing with the Biggest Mayoralty and the governments of Elevated place, Táchira and Zulia. In effect, the fundamental end of these two movements is of eliminating, in fact, the AN. With the invention of the communal parliament one will submit the AN to the plans of supposed social organizations which existence only would be possible as they are registered - and subordinates, skylight is - to an organ of the government. We repeat, the legislative work of the future parliamentarians would be determined by the decisions of not elect groups democratically, but created and defined by the Executive and submitted to his caprices.
On the other hand, since the appointment of the magistrates of the TSJ is a competence reserved constitutionally in the AN, what will happen, as a result of the resolution of the retirement in mass, it will be that the magistrates will take refuge in his pensions, or the current Parliament will remove them, before the parliamentary elections. This way there will be disabled to the future Assembly to name respectable and independent magistrates that could put brake to the abuses of the government and will be guaranteed to Chávez, until the year 2022, an even more wretched and submissive TSJ than the current one. This way of easy.
The chavismo recovers in health: if his electoral office, the CNE, cannot do the finished favor to him, of that time the necessary measures are already taken so that the AN is an empty shell from his renewal, since there will be able neither to legislate nor name to the magistrates of the TSJ. In other words, two principal powers will not be able to control the National Executive.
Chávez is a dictator and he is not going to play with the rules of the democracy. It is a duty of all the democrats in general and of the political leadership in particular to begin from already to plan how the mockery will face the democracy after the elections. The first thing that it will be necessary to do will be to vote massively in favor of the freedom. Also it has given results to go out to the step for him on time to this type of abuses. The same way, it will be necessary to keep on being employed at the consensuses creation about the protection of the democracy.
There is still time, but it is necessary to read the meaning that sublies after the facts to be able to foresee the steps that follow for the definitive abolition of the democracy, of way of being able to organize strategies for his defense.
mrcarrillop@gmail.com
The Universal one
on Friday, the 19th of March
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