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Juridical onslaught

Laws apply principles of the constitutional reform

Articles that formed an integral part of the proposed Constitution are expressly mentioned

"Transition from the capitalist model to a new model of social justice," is present in the laws (File photo)

Socialism, community participation and revolutionary vision are present in almost all the instruments approved and released in the Official Gazette extraordinary editions.

While Executive Vice-President Ramón Carrizález said that the 26 laws enacted via enabling law "are in accordance with the current Constitution," most of them retake the contents of the proposed constitutional reform that failed to get a mention.

"During this term (enabling term) 67 laws have been issued. They were waiting for a reform that could not be implemented; then, we adjusted them to suit in the constitutional context," he added.

However, it seems that the "whereas" of some rules remained unchanged. As a matter of fact, they expressly refer to articles contained in the proposed Constitution.

The Organic Law on Public Service talks about "consolidation of the democratic, social state" and the "country new social and political reality."

Next, it makes reference to article 184 of the Constitution, but to that stated in the reform: "in the event that the operations in public administration bodies and entities shall be more cost-effective through management of community councils and otherwise, said operations may be transferred to them."

The initiative included the possibility that the national power, states and municipalities could transfer to community councils, communes and other similar entities the services managed by them. However, the current Constitution does not include the concept of community councils.

Further, the Law on Comprehensive Plant Health mentions article 305 of the Constitution, when talking about "food sovereignty," a term included in the reform, but, again, not present in the current Constitution. This law talks also about "people empowerment" and "direct involvement of people organizations in the enforcement of public policies."

With the left foot
The first sentence of several laws makes reference to "transition from the capitalist model to a new model of social justice." This is the case of the Law on the Establishment of a Social Fund for Collection and Disposal of Surplus of Public Entities and the "novel forms of community organization and participation, arisen from the constitutional rule." This is the case of the laws on Enhancement and Development of People Economy and Promotion and Development of SMB's. The latter mentions also the social production units listed in the preliminary recitals of the constitutional reform.

Other instruments, such as the Law on Water Spaces, refer to the National Plan on Economic and Social Development.

Vice-President Carrizález noted that seven out of the 16 laws that will be forwarded to the Parliament are economic by nature, namely: cooperatives, public financial system, Central Bank of Venezuela, industrial development, merchant navy, casinos and mortgage investment.

Translated by Conchita Delgado


On the Cover

Bases of discord

04:17 PM. Western Hemisphere. "Damned empire; I curse you one thousand times; some day you will be finished off and wrecked. I curse you one thousand times, empire." This is the least that President Hugo Chávez has uttered to refer to the US government. In urging the Bolivarian Armed Forces to prepare for war, he said that a US raid on Venezuela through Colombia would trigger and spread over the region "the 100-year war."