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Political Constitution of Colombia (1991)

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Political Constitution of Colombia (1991). Official Spanish from SUIN-Juriscol. English from Constitute Project / Max Planck, cutoff 2015 — not a gazette.

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Official sourceConstitución Política de Colombia (1991)

Art. 189

Art. 189

It is the responsibility of the President of the Republic, as the chief of state, head of the government, and supreme administrative authority to do the following:

Appoint and dismiss freely Cabinet ministers and directors of administrative departments.

Direct international relations; appoint the members of the diplomatic and consular corps; receive the corresponding foreign officials; and make international treaties or agreements with other states and international bodies to be submitted to the approval of Congress.

Direct the public force and its disposition as supreme commander of the armed forces of the Republic.

Conserve the public order throughout the territory and restore it where it has been disturbed.

Direct military operations when he/she deems it appropriate.

Provide for the external security of the Republic; defend the independence and honor of the nation and the inviolability of its territory; declare war with the approval of the Senate or without such authorization to repel foreign aggression; and agree to and ratify peace treaties, regarding all of which matters the President shall give an immediate account to Congress.

Authorize, during a recess of the Senate and with the prior opinion of the Council of State, the transit of foreign troops across the territory of the Republic.

Install and close the sessions of Congress in each legislative term.

Approve the statutes.

Promulgate the statutes, obey them, and oversee their strict execution.

Exercise the power to regulate through the issuing of decrees, resolutions, and orders necessary for the execution of the statutes.

Present a report to Congress at the beginning of each legislative term regarding the measures of the administration, regarding the execution of the plans and programs of economic and social development, and regarding the bills which the government proposes to move forward during the new legislative term.

Appoint the presidents, directors, or managers of national public institutions and individuals who must occupy national office, positions not to be filled through competitive examinations or which are not covered by other officials or bodies, according to the Constitution or the statute.

In any case, the Government retains the ability (tiene la facultad) to freely name and remove its agents.

Create, merge, or dissolve, according to an Act, positions required by the central administration, define their special functions, and determine their benefits and emoluments. The government may not create, at Treasury expense, obligations that exceed the total amount allocated for the respective service in the initial appropriations law.

Eliminate or merge national administrative entities or organs in accordance with the applicable statute.

Modify the structure of the ministries, administrative departments, and other national administrative entities or organs, according to the principles and general regulations defined by an Act.

Assign work according to its nature among ministries, administrative departments, and public institutions.

Grant permission to national public employees who may request it to accept, on a temporary basis, responsibilities or benefits from foreign governments.

Confer ranks to the members of the public force and submit for the approval of the Senate those that fall under Article 173.

Oversee the strict collection and administration of public revenues and credits and decree their investment in accordance with the relevant statutes.

Effect the inspection and oversight of education in accordance with the relevant statute.

Effect the inspection and oversight of the provision of public services.

Make contracts falling under his/her jurisdiction in accordance with the Constitution and statute.

Effect, in accordance with the relevant statute, the inspection, oversight, and control of individuals who undertake financial, stock market, insurance, and any other activities connected with the management, use, or investment of resources collected from the public. Similarly, those involving cooperative entities and commercial companies.

Organize the public credit; determine the national debt and arrange for its servicing; amend the customs duties, tariffs, and other provisions concerning customs; regulate foreign trade; and effect intervention in financial, stock exchange, insurance, and any other activities connected with the management, use, and investment of resources originating from the saving of third parties in accordance with the relevant statute.

Effect the inspection and oversight of institutions of public necessity so that their revenues may be protected and be properly applied and so that everything that is essential should be implemented according to the wishes of the founders.

Grant temporary patents to inventors of useful improvements in accordance with the applicable statute.

Issue naturalization certificates, in accordance with the relevant statute.

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For reference only. Colombian law changes; confirm the current official text before acting.