The Constitution of the Bolivarian Republic of Venezuela (CRBV, 1999) within the articles that regulate the territorial political organization included the so-called Federal Dependencies.
He defined them as the maritime islands not integrated into the territory of a state, as well as the islands that are signed or appear in the territorial sea or in which the continental shelf is covered, leaving the other aspects of the regime and administration to the legislator, with the specific detail for the vacant lands, those that cannot be disposed of and their use can only be granted in a way that does not imply - directly or indirectly - the transfer of ownership of the land.
The Constituent also established as the competence of the National Power the organization and regime of the federal dependencies.
This means that the legislation that regulates them will correspond to the National Power; In this sense, the Decree with the Rank and Force of Organic Law of Federal Dependencies (DLODF) was issued in 2011, which replaces the Organic Law of Federal Dependencies (1938).
Its purpose is to establish the foundation of the organization, government, administration, powers and resources. Reproduces the definition dictated by the CRBV.
Due to their own characteristics, they are conceived under a special administration regime, due to demographic, economic, and social conditions, among others, that are not observed in populated centers such as cities. However, it does not have to be removed from the rest of the legal system as it is part of Venezuela, only its particular elements must be taken into consideration.
It creates the figure of the Island Territories as a form of territorial political organization, which may include a federal agency, a group of them or the entire island with its perimeter aquatic space.
For the exercise of government the Head of Government is established, whose hierarch will be of free appointment and removal of the President of the Republic, corresponding to the administration of public goods, with the exception of those provided for national security and defense. It will form part of the Council of Ministers.
Regarding the legislative function, the DLODF leaves it in the hands of the National Assembly. It does not establish any rule in the rest of the public powers, so it must be understood that it submits to the rules of general application, that is, for example, to the laws on criminal jurisdiction, administrative litigation, among others.
Regarding the Island Territories, as a form of territorial political organization, they will have their own legal personality and patrimony and must be created through a law, as well as possess the procedural and fiscal privileges agreed for the Republic, which leads to indicate - additionally - that the Judicial and extrajudicial legal representation in patrimonial matters will be in charge of the Attorney General's Office, as well as legal advice.
The patrimony of the insular territories includes the set of movable and immovable property, income, rights, actions and obligations that make them up, as well as the property, income and income whose administration corresponds to them.
Within the list of assets, the Decree with the rank, value and force of the Organic Law of Federal Dependencies (DLODF, 2011) establishes that they are those assigned, transferred or donated - of a public or private nature - with the exception of those provided for security and national defense.
Regarding the expected income for federal agencies, under the figure of insular territories, the following are counted: Those assigned to it by means of the Budget Law, Inter-territorial Compensation Fund, Constitutional Located, those from fines and sanctions with Except for those of an environmental nature, the participation assigned to it by national taxes, those of the product of its assets that it administers or for services rendered, among others.
The island territories are listed as competencies: promoting and supporting the organization of the so-called popular power, administration of its assets, investment of its resources, creation and coordination of public services with the competent bodies, creation, administration and collection of its own tax branches, cooperate with the organs and entities in matters of public safety, crime prevention and environmental and human protection.
It is important to note that the DLODF mentions the so-called Development Engines Districts, a figure created by the Organic Law of the Federal Government Council (2010)
It leaves the deepening of the scope of the DLODF in the hands of a Regulation.
