The Constitution of the Bolivarian Republic of Venezuela (CRBV, 1999) created institutions, including the Local and State Planning Councils, the Federal Government Council, the State Council, among others.
Today's turn corresponds to it at the request of students interested in delving into the subject of administrative organization.
The Council of State, following the CRBV, is a higher body of consultation, that is, those that help form criteria before final decisions are made; They are usually collegiate, that is, made up of several natural or legal persons with different approaches by area of performance.
In the same sense, the Organic Law of Public Administration is pronounced (LOAP, 2008); They are in this same category at the national level: the Office of the Attorney General of the Republic, the Defense Council of the Nation, the Sectorial Boards and the Ministerial Boards
All governments have sought in this type of collegiate bodies arguments that allow it to issue legislative or administrative acts, which may be economic, political, for example.
The illustrious professor Eloy Lares Martínez (+) in his well-known “ Manual of Administrative Law ”, Ediciones Universidad Central de Venezuela, Caracas, Venezuela; points out that the advisory bodies - including the Council of State - do not adopt or execute decisions, nor do they exercise functions of will. They illustrate with their opinions, opinions and advice the criteria of the active bodies, which consult it obligatorily or optionally.
The Basic Text defines the State Council as the highest consulting body of the government and the National Public Administration. It will be within his competence to recommend policies of national interest in those matters to which the President of the Republic recognizes of special importance and requires his opinion.
It is made up of the Executive Vice President of the Republic, who chairs it; five people designated by the President of the Republic; two representatives designated by the National Assembly, the Supreme Court of Justice and the state governors; who will be responsible for the criteria or opinions issued.
It is left to the national legislator to prepare and pass a law that governs its powers and functions; However, the President of the Republic, making use of the so-called Enabling Law of 2010, issued a Decree with the rank, value and force of the Organic Law of the State Council (2012), counting on the declaration of constitutionality of the Supreme Court in the Constitutional Chamber to the date.
The purpose of said normative instrument is to establish the norms related to the competence, organization and operation of the Council.
Regarding the budgetary aspect, it will have the income foreseen for it within the National Budget; it will enjoy functional, financial and budgetary autonomy.
It highlights that the legal text foresees the creation of a Popular Power Committee, to assist or advise the Council with the right to speak, as well as subcommittees and advisers; being designated by the ministry with competence in matters of citizen participation (National Executive) on a provisional basis.
The powers of the Council of State are:
• Serve as a consulting body on matters requested by the President of the Republic, as well as the other bodies and entities of the National Public Administration, in matters of public policy.
• Ensure compliance with the Constitution and the legal system.
• Issue an opinion on public policy on State matters submitted to it.
• Recommend policies of national interest in those matters of special importance.
• Evaluate from a public political perspective the bills of national significance, which the President of the Republic submits for their consideration.
• Formulate recommendations for the elaboration of the Nation's Economic and Social Development Plan.
• Promote the formation of multidisciplinary teams for the formulation of policies of national interest.
• Dictate its Internal Regulations.
• Approve your budget proposal and process it in accordance with the applicable legal regulations.
• Others assigned by law.
It is suggested to the reader to take a look at other articles of my authorship called "On Public Powers", "The Federal Government Council", "Municipal Organization and Management," Municipality and Planning "," The CLPP in the law of 2010 ", among others; They are published on www.eduardolarasalazarabogado.blogspot.com or on www.tuabogado.com (Pódium Jurídico Derecho Municipal) to have more information on what is discussed here.
On another occasion, other topics related to the topic will be discussed.
