This means of participation consists in that proposals can be brought before the legislative bodies to submit to their consideration the study of any situation that merits regulation by means of legal norms.
At the municipal level the deliberative function is in charge of the municipal council; It is a collegiate body made up of officials called councilors who reach their positions by popular election.
They produce legal instruments called Ordinances, which define the Organic Law of Municipal Public Power (LOPPM, 2010) as acts sanctioned by the municipal council to establish norms of a municipal law character, of general application on specific matters of local interest.
The Supreme Court of Justice, in judgments Nº 928, 2353, both of the year 2001; in those issued with Nos. 246 and 254, both of the year 2002, it concluded that its rank is always that of a law, since the power of the Municipality to dictate them derives from the CRBV, and it should be understood that - the ordinances - as direct execution of it.
Both the Basic Text and the LOPPM recognize the right to submit requests and obtain a timely response; One of the ways to exercise this right is through legislative initiative, which both normative texts have provided.
Citizens can present draft ordinances or modification of existing ones, before the municipal council; In this sense, the LOPPM indicates that in a percentage not less than zero, one percent (0.1%) of the voters of the municipality. It implies that the condition of voter must be accredited, that is, of legal age and resident in the municipality, first, concurrently. For this, it is usual to go before the Electoral Power in order to certify that one is a voter and exercises the suffrage in that jurisdiction. The regulation has not expressly provided that a proof of residence must or should not be presented; However, nothing would prevent the promoters of the project from introducing them at the time of its presentation.
Once it has been received by the municipal council, it must set an opportunity to meet (audience) with citizens to discuss its content, which would lead to the legislative body to declare its admission or not, which must occur within thirty (30) days after submission. The rule does not indicate whether it is business days or calendars.
In such a case that admission is denied, actions can be taken before the judicial jurisdiction, either administrative or constitutional contentious, depending on the case and argument.
The rejection by the municipal council about the project must be motivated.
Once the project is admitted, the debate must begin within a period of no more than thirty (30) following days. If this does not occur, the project must be submitted to popular consultation in accordance with the provisions of (national) electoral legislation.
The ordinances, for their approval, must receive two discussions - at least - and on different days; The constitutional norms established for the National Legislative Power to regulate the local parliamentary process are usually taken as parameters, as well as the norms established by the text that regulates the internal functioning of the municipal councils, which is usually called the Interior and Debate Regulations.
This means of citizen participation allows a close link between citizens-municipal officials, which allows better management, not only because of the principle of co-responsibility, but also deepens decentralization.
It was indicated in the article that the legislative initiative consists of being able to bring before the parliamentary authorities, proposals to submit to their consideration the study of any situation that deserves regulation through legal norms, by citizens as a means of citizen participation.
Now, is this the only way to activate it?
Obviously not.
It happens in practice that the Local Executive requires legislative studies of the different norms in charge of the municipal council for various reasons; one of the most helpful is in tax matters to include new facts that constitute sources for taxation.
This is not to mean that those such as the exercise of commercial activity in the case of the Tax on Economic Activities or the property tax in the Vehicle Tax, for example, are substituted.
It is that elements may arise that make the procedures for the municipal tax administration more burdensome or new cases taxable by the local entity without violating the constitutional or legal norms that govern the tax activity of the State.
The Organic Law of Municipal Public Power (LOPPM, 2010) allows the mayor to present draft ordinances with their respective explanations.
Recalling the nature of law that these legal instruments possess, if the Constitution of the Bolivarian Republic of Venezuela (CRBV, 1999) is followed in relation to the formation of laws, it is observed that the National Executive can request the National Assembly to study and consideration of standards at the national level.
In the same situation are the states, where the Executive Power is in charge of the Governor and the Legislative by the Legislative Council; To cite the case of the Miranda State, the Constitution of that Entity (2006) recognizes legislative initiative to the Governor or to the voters, for example. Logically, both levels mentioned do so within their respective spheres of competence, since all must respect the autonomy that each one possesses.
Concluding the idea; The CRBV, starting from the federal structure of our country, has established that in the three territorial political levels, that is, Republic, states and municipalities; citizens and some defined authorities can raise legislative projects for discussion by the parliamentary body, taking into account the principle of collaboration between public powers to achieve the goals of the State.
It could also happen at the local level that the Municipal Comptroller's Office requires the municipal council to carry out the modification - for example - of the ordinance that regulates the activity of this control body.
Remembering that this also has autonomy, in accordance with the CRBV, the LOPPM and the Organic Law of the Comptroller General of the Republic and the National Fiscal Control System (LOCGR, 2010), it could be the case of a legislative initiative, so that The process would begin with the presentation of the project, with a view to optimizing the tasks aimed at monitoring and overseeing the income, expenses and other municipal assets and the operations related to them.
