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Law Of The Revocation Of The Mandate Of The Elected To The Organs Of People's Power

Original Language Title: Ley de la Revocación del Mandato de los elegido a los órganos del Poder Popular

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Law of Revocation of the Mandate of the Elected to the organs of the People's Power


Document: Law of Revocation of the Mandate of the Elected to the organs of the People's Power
Type of document: Law
Date of issue: 14/09/1999
Number of Legal Instrument: Law No 89
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 19/05/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW That the National Assembly of People's Power, at its meeting on 14 September 1999, corresponding to the third regular session of the fifth legislature, has adopted the following:

AS FOR: The Constitution of the Republic, in its article 68, incites a) and c) establishes, among other rules, that the organs representative of the power of the State are elective and that the elect can be revoked from their positions at any time.

AS FOR: Article 85 of the Constitution of the Republic states that the deputies to the National Assembly of the People's Power may be revoked their mandate at any time, in the form, for the causes and according to the procedures established in the law; In addition, in points (c) and (b) of Articles 105 and 106 respectively, the allocation of the provincial and municipal assemblies shall be established to revoke their presidents and vice-presidents. And in Article 112, that the mandate of the delegates to the local assemblies is revocable at all times, as well as that the law determines, equally, the form, the causes and the procedures to be revoked.

AS FOR: In the promulgation of Law 72 dated October 29, 1992 "Electoral Law", its transitory provision FOURTH established, in connection with the revocation, the validity of Chapters I, II, III, IV, V, VI and VII of Title VII of Law N 9 37 of 15 August 1982, previous Electoral Law, and, given the changes made and the accumulated experiences in the field, it is necessary to establish a new regulation to replace the existing one for the revocation of the mandate of the elected to the organs of the People's Power.

AS FOR: To the municipal assembly composed of representatives of the population, proposed, nominated and chosen by it, it is up to him to nominate the candidates to the provincial assemblies and deputies to the National Assembly; consequently, he has decide on behalf of the people, on the revocation of the mandate conferred on those who in their day nominated.

BY TANT: The National Assembly of People's Power in use of the powers conferred on it in Article 75 (b) of the Constitution of the Republic has adopted the following:

ACT 89

LAW OF REVOCATION OF THE MANDATE OF THE ELECTED TO THE ORGANS OF POPULAR POWER

CHAPTER I

OF THE PROCESS OF REVOCATION OF THE MANDATE

SECTION FIRST

PRELIMINARY PROVISIONS

ARTICLE 1. -This law regulates the form, causes and procedures for the revocation of the mandate of the elected members of the representative organs of the People's Power.

The revocation may comprise the mandate conferred by the electors, as well as the mandate given by the corresponding assembly.

Article 2. The revocation is independent of any other criminal, civil, administrative or labor procedure and its processing is carried out in accordance with the provisions of this law.

ARTICLE 3. -They may be revoked, in accordance with the provisions:

  1. (a) delegates to the municipal assemblies,
  2. (b) delegates to the provincial assemblies,
  3. (c) Members of the National Assembly,
  4. (d) presidents and vice-presidents of the municipal assemblies,
  5. (e) presidents and vice-presidents of the provincial assemblies,
  6. f) President, Vice President and Secretary of the National Assembly, and
  7. (g) members of the State Council.

ARTICLE 4. -As long as the revocation of the mandate is not approved, the impeached is maintained in the exercise of its functions. However, in the event of serious events, the relevant assembly or the Council of State may agree to the provisional suspension pending the completion of the process.

SECTION 2

OF THE CAUSALS OF THE REVOCATION OF THE MANDATE

ARTICLE 5. -The term of office shall be revoked for any of the following grounds:

  1. (a) repeated non-compliance with the obligations arising from the mandate conferred,
  2. (b) to incur facts which render it a good public concept; and
  3. c) to manifest an incompatible conduct with the honor of being a representative of the people in an organ of the People's Power.

SECTION III

OF THE FACULTY TO REVOKE THE COMMAND

ARTICLE 6. -The power to revoke this law is governed by the following:

  1. a ) the delegates to the municipal assemblies can only be revoked by the constituents of the constituency in which they were elected,
  2. b) the delegates to the provincial assemblies and the deputies to the National Assembly can only be revoked by the assembly of the municipality where they were elected,
  3. c) the presidents and vice presidents of the municipal and provincial assemblies can only be revoked by the assembly in which they were elected,
  4. (d) the President, the Vice President and the Secretary of the National Assembly may only be revoked by that assembly; and
  5. e) the members of the State Council can only be revoked from their status by the National Assembly.

SECTION 4

OF THE EMPOWERED TO PROMOTE INITIATION OF THE PROCESS OF REVOCATION OF THE MANDATE

ARTICLE 7. -Those who have the power to promote the beginning of the process of revocation of the mandate make the application in writing and as the case may be proposed:

  1. In the case of a delegate to the municipal assembly by:
  2. (a) another delegate to the municipal assembly;
  3. (b) at least 25% of the constituents of the constituency for which he was elected.
  4. In the case of a delegate to the provincial assembly, by:
  5. (a) another delegate to the provincial assembly;
  6. (b) at least twenty-five percent of the delegates to the assembly of the municipality where he was elected.
  7. In the case of a Member of the National Assembly, by:
  8. (a) the State Council,
  9. (b) another Member,
  10. (e) 25%, at least, of the delegates to the assembly of the municipality where he was elected.
  11. In the case of the President or Vice-Chair of the municipal assembly or both, by:
  12. (a) the President of the provincial assembly;
  13. (b) a delegate to the municipal assembly itself.
  14. In the case of the President or the Vice-President or both at the same time as the provincial assembly or the Special Municipality of Youth Island, by:
  15. (a) the State Council,
  16. (b) a delegate to the assembly itself.
  17. In the case of the President, the Vice-President or the Secretary of the National Assembly, by:
  18. a) the State Council, a Member.
  19. In the case of a member of the State Council, by:
  20. (a) the Council of State, (b) a Member.

ARTICLE 8. -The written document referred to in this law, in order to request the initiation of a revocation process consists of a document in which the place and date of its elaboration are entered, the names, surnames and signatures of who or those who subscribe to it, the the name of the contested person, the place where he was elected and the facts that make him interested in the revocation.

Where the application is promoted by no less than ' twenty-five per cent of the constituents of the constituency, they must also enter the number of the identification document, the address in particular and the name and last name.

CHAPTER II

OF THE PROCEDURE FOR THE REVOCATION OF THE MANDATE OF A DELEGATE TO THE MUNICIPAL ASSEMBLY OF POPULAR POWER

SECTION FIRST

A PROPOSAL BY A DELEGATE TO THE ASSEMBLY ITSELF

ARTICLE 9.-A delegate to the municipal assembly pursuant to Article 7 (1) (a) of this law may request, in writing, founded, addressed to the President of the 1 municipal assembly, to initiate the the process of revoking the mandate of another delegate.

ARTICLE 10. -When the beginning of the revocation process is requested by a delegate to the municipal assembly, the procedure is as follows:

  1. (a) the President of the corresponding municipal assembly, within the term of ten calendar days, from knowing that request, informs the contested and appoints a special commission of ethics, composed of a minimum of three delegates, to which the application to initiate the revocation process,
  2. the special commission of ethics hears the impugned, who gives him in writing his disclaimers within the term of ten calendar days from which he is informed, by the president of the municipal assembly,
  3. (c) the special ethics commission investigates the particularities of the imputations made, as well as the discards of the contested in a term not greater than thirty calendar days from its designation,
  4. (d) the special committee on ethics, within the period referred to above, presents the President of the assembly concerned with a report containing the results of the actions referred to in the preceding points, their considerations, conclusions and recommendations,
  5. (e) if the contested delegate is in turn delegated to the provincial assembly, the president of the assembly shall be informed, for the relevant purposes, by the president of the municipal assembly,
  6. f) if the contested delegate is in turn a Member of the National Assembly, the President of the municipal assembly, when he is aware of the challenge, informs the Council of State, through the President of the National Assembly, for the relevant purposes.
  7. (g) the President of the municipal assembly at a sitting of the municipal assembly gives an account of the application for the commencement of the process of revocation, of the proceedings carried out by the special committee of ethics and, whatever the conclusions to be said The court of first instance, which is a member of the Court of First Instance, is a member of the Court of First Instance of the Court of First Instance.

If there are no grounds for the revocation, he exonerates the contested decision, provides the file of the proceedings and informs the parties concerned. If the commencement of the revocation process is approved, the procedure laid down in the following articles of this section is followed.

ARTICLE 11. -If the municipal assembly agrees to initiate the process of revocation of a delegate, it appoints a commission of revocation composed of not less than five members, delegates to the assembly itself, one of which will preside.

This committee proceeds to convene, organise and direct the information meetings to constituents of the constituency and the process of revocation, which shall not exceed thirty calendar days from the agreement to start the process. In those meetings, the voters are informed of the request for revocation and the grounds on which they are based, the arguments of the contested delegate, the appointment of the special ethics commission and the conclusions to which he arrived. Clarifications are made to be requested so that the electors have all the elements of judgment to decide.

The meeting itself announces the timetable and the date of the vote, which will be within the next ten calendar days of having concluded the information to the voters, so that the secret vote will determine whether or not the delegate will be revoked.

ARTICLE 12. -The committee of revocation has the necessary organizational measures, ensures the updating and publication of the register of voters, the elaboration of the revocation ballots and other necessary documents; determines the number of schools, designates the five members of each table, gives the ballot boxes, fixes the term, which cannot be less than six hours, and the timetable ' to carry out the vote.

For the process foreseen in this article and in the previous one, the revocation commission requests the support of the mass and social organizations of the constituency.

ARTICLE 13. -The members of the tables, finished the vote immediately carry out the scrutiny, which is public and once concluded, write the corresponding record to which is read for the knowledge of the present and signed by the members of the tables.

The commission of revocation, if there is more than one electoral college, carries out the counting of the votes with the help of the presidents of the tables and raises the record that is signed by the members of the commission and those presidents.

ARTICLE 14. -The minutes, both in the tables and in the calculations carried out by the commission of revocation, indicate the following particulars:

  1. (a) the number of the constituency and the electors of the college or constituency, as the case may be;
  2. (b) the place, date and time of the vote,
  3. (e) the number of voters who voted,
  4. (d) the number of ballots received, as well as those not used and those returned by the voters,
  5. (e) the votes for and against the revocation, the ballots cast in white and the ballots cancelled.

ARTICLE 15. -The revocation of the mandate of a delegate to the municipal assembly is approved by the majority of valid votes cast in the constituency for which he was elected. The result of the vote is set at the outside of the schools and is also reported, for the coming effects, to the masses and social organizations of the constituency, to the contested, as well as to the municipal assembly in an upcoming session.

ARTICLE 16. -The documentation of this process is referred by the commission of revocation to the president of the municipal assembly, which has its conservation and archive for the rest of the mandate.

ARTICLE 17. -If the delegate to the contested municipal assembly is also delegated to the provincial assembly or deputy, once the elements of the case are counted, ' these are reported, as appropriate, to the provincial assembly or the State Council, in the latter case through the President of the National Assembly, for evaluation and decision. Upon receiving the criterion of the relevant body, if it is in favour of initiating the process of revocation of the delegate or deputy, the President of the corresponding municipal assembly informs the latter, which debates the case and decides by means of a vote secret. The repeal is considered to be approved if the majority of the delegates present are in favour of it.

If the Council of State or the provincial assembly considers that the initiation of the revocation process does not proceed, it informs the parties concerned.

SECTION 2

PROPOSAL OF A MINIMUM OF 25% OF THE ELECTIONS

ARTICLE 18. -At least twenty-five percent of the constituents of the constituency for which the delegate was elected pursuant to Article 7 (1) (b) may apply by written and other written request requirements established in this law to initiate the process of revocation of a municipal delegate.

ARTICLE 19. Once the written document has been submitted to the President of the municipal assembly, it designates, within the term of ten calendar days, one or more verification commissions, as necessary, each consisting of a minimum of three electors, which shall certify the validity of the application submitted, within the time limit set by the application.

The verification commissions check the signature, the particular address and examine the identity card of the applicants for the purpose of crediting the condition of neighbor and voter and inform the president of the municipal assembly.

ARTICLE 20. -The continuation of the process is carried out in accordance with the provisions laid down in points (a), (b), (e), (d), (e) and (f) of Article 10, as well as in Article 16 of this Law.

ARTICLE 21. -The municipal assembly is called to session and informed of the arguments presented by the voters, the discarding of the contested and the criteria to which the special commission of ethics arrived.

It is up to the municipal assembly to approve by ordinary vote the elements of judgment which will be informed to the constituents ' of the constituency and which are the result of the proceedings. It also designates the commission of revocation, which carries out the process in its rightful place, in accordance with the provisions of the second and third paragraphs of Article 11 and Articles 12, 13, 14, 15 and 17 of this Law.

In all cases where the commencement of the revocation process is requested by no less than 25% of the constituents of the constituency, once the corresponding procedures have been completed, the application is submitted to the voters to make the final decision by means of the secret ballot.

CHAPTER III

OF THE REVOCATION OF THE MANDATE OF A DELEGATE TO THE PROVINCIAL ASSEMBLY OF POPULAR POWER

ARTICLE 22.-The powers, as provided for in Article 7 (2) of this Law, may request, by means of a written document, addressed to the President of the provincial assembly, to initiate the process of revocation of the mandate of a delegate to the this assembly.

ARTICLE 23.-The President of the provincial assembly informs the impugned and appoints a special commission of ethics within the term of ten calendar days, composed of not less than three delegates, to which he will give account of the request for the beginning of the process of revocation.

The procedure continues in accordance with the provisions of Article 10 (b), (c) and (d) of this Law, in this case applicable, as appropriate, to the provincial assembly and its President.

ARTICLE 24. -If the delegate to the provincial assembly is also deputy to the National Assembly, the president of the provincial assembly informs the case, for the relevant effects, to the Council of State through the president of the National Assembly.

ARTICLE 25. -The president of the provincial assembly convenes it and gives an account of the request for the initiation of the revocation process and the actions taken by the special ethics commission, whatever the conclusions may be. arrive, debate the matter, hear the impeached, if present and wish to express himself, and by ordinary vote decides whether or not to initiate the process of revocation as a delegate to the provincial assembly.

If the agreement is not sufficient grounds for requesting the municipal assembly to initiate the revocation process, it exonerates the contested decision, provides the file of the proceedings and informs the parties concerned.

If the request for the beginning of the revocation process is approved, the president of the provincial assembly gives the municipal assembly of the arguments that have been presented, of all the actions and of the decision taken.

ARTICLE 26. The municipal assembly is convened and informed by its Chairman of the agreement of the provincial assembly, of the actions taken, of the arguments presented, debate the case, hears the contested, if present and wishes express, and submits it to its consideration by secret ballot. The repeal is considered to be approved if the majority of the delegates present vote in favour of the proposal.

The result of the vote is also reported to the provincial assembly.

ARTICLE 27. -If the delegate to the contested provincial assembly is also a deputy, once the elements of the case are counted, they are informed to the Council of State through the President of the National Assembly to decide whether to start it. the process of revocation as a Member. When he receives the criterion of that body, if it is favorable to the process, the President of the municipal assembly concerned informs the latter, which debates the case and decides by secret ballot. The repeal is considered to be approved if the majority of the delegates present are in favour of it.

If the Council of State considers that the initiation of the revocation process does not proceed, it informs the parties concerned.

CHAPTER IV

OF THE REVOCATION OF THE MANDATE FROM A DEPUTY TO THE NATIONAL ASSEMBLY OF PEOPLE ' S POWER

SECTION FIRST

A PROPOSAL FROM THE STATE COUNCIL

ARTICLE 28. -The Council of State, in accordance with the provisions of Article 7 (3) (a) of this Law, by virtue of the elements it possesses may present for its processing, the President of the corresponding municipal assembly, the request of revocation of the mandate of a Member of the National Assembly.

ARTICLE 29. -Once received from the Council of State, the President of the municipal assembly will convene the meeting and explain to him the elements provided by that body to request the revocation. The assembly debates the matter, listens to the disclaimers of the contested case if it is present and wishes to express itself, and submits it to its approval by means of the secret ballot. The repeal is considered to be approved, if in favor of it the majority of the delegates present. The result is reported to the appropriate.

SECTION 2

PROPOSAL OF ANOTHER MEMBER OF THE NATIONAL ASSEMBLY OR OF TWENTY-FIVE PERCENT OF THE DELEGATES OF THE MUNICIPALITY WHERE HE WAS ELECTED

ARTICLE 30.-Those entitled under the provisions of Article 7 (3) (b) and (c) of this Law may request, by means of a well-founded written form, addressed to the President of the National Assembly, that the process of revocation of the mandate be initiated of a Member.

ARTICLE 31. -The President of the National Assembly in the case referred to in the previous article designates a special ethics commission composed of deputies and informs the State Council and the impeached.

ARTICLE 32. -The special ethics commission, within thirty working days, hears the contested, carries out the relevant investigations and, after the end of the matter, produces a report that raises the President of the National Assembly, who moves him to the Council of State for evaluation and decision.

If the conclusions of the Council of State are in favour of initiating the process of revocation, they shall be transferred to the assembly of the municipality in which the contested decision was chosen, for the purposes of discussing the case, or the contested decision, if it is present and wishes to express itself, and the revocation by the secret vote is subject to its consideration and decision. The repeal is considered to be approved if the majority of the delegates present are voted in favour of it, which is reported to those who correspond.

If the Council of State considers that the revocation does not proceed, it shall inform the Council of its relevance and file the proceedings.

CHAPTER V

OF THE REVOCATION OF THE MANDATE FROM THE PRESIDENT AND VICE-PRESIDENT OF THE MUNICIPAL ASSEMBLY OF PEOPLE ' S POWER

ARTICLE 33. The application for the commencement of the process of revocation of the term of office of the President and of the Vice-President of the municipal assembly, or both at the same time, is carried out in writing, in accordance with the provisions of paragraph 4 of the Article 7 of this law, by:

  1. a) the president of the provincial assembly, when it comes to the revocation of the president, or the president and the vice president at the same time, presents it directly to the municipal assembly,
  2. (b) a delegate of the municipal assembly itself, addressed to the President of that assembly, in which case it refers a copy of its letter to the president of the provincial assembly.

ARTICLE 34. -When the beginning of the process of revocation is requested by the president of the provincial assembly, the municipal assembly is called to session and the elements and the conclusions that have on the case are presented to him. The opinions and criteria of the delegates in this respect, as well as the contested one, are heard if it is present and wishes to be expressed, and it is submitted to the assembly by secret ballot. The repeal is approved if in favor of it the majority of the delegates present vote. The result is reported to the appropriate.

If the president and the vice president of the municipal assembly are analyzed at the same time, the president of the provincial assembly convenes the municipal assembly and conducts the debate, if the request for revocation is related to the President, the debate is conducted by the Vice President of the municipal assembly.

ARTICLE 35. -From the request of the beginning of the process of revocation by a delegate to the municipal assembly, it is necessary according to the following:

  1. (a) the municipal assembly is convened by the appropriate and informed session of the request to initiate the process of revocation, the arguments contributed, the opinions are heard and the proposal is submitted to the consideration of the delegates, which is carried out by ordinary vote and is approved if the majority of the delegates present are in favor of it.

If the application is approved, the municipal assembly appoints a special ethics commission composed of no less than three delegates,

  1. b) the special commission of ethics, within the term of ten calendar days, hears the impugned, investigates the particularities of the case and above to conclusions, the ones that informs to which it will conduct the debates and through its passage to the president of the assembly If the latter is not responsible for doing so,
  2. (e) once the procedures have been completed, the municipal assembly shall be convened for an extraordinary session to discuss the matter.

The special ethics committee presents the report and its conclusions to the assembly, the criteria of the delegates are heard, the contested is heard if it is present and wishes to be expressed, and the proposal is put to the vote secret. The repeal is approved if in favor of it the majority of the delegates present vote.

ARTICLE 36. -When the President and the Vice-President are provisionally suspended at the municipal assembly, the President and the Vice-President at the same time, one of its members is to be appointed by ordinary vote to take office. temporarily the functions of President, until they are elected, in accordance with the provisions, which must be held by both responsibilities.

ARTICLE 37. The municipal assembly can decide, by ordinary vote, if from the elements exposed and from the conclusions to which it arrived, consider that the process of revocation as a delegate to the municipal assembly should be initiated. If approved, it is necessary in accordance with the section FIRST of Chapter II of this law for the revocation of the delegates to the municipal assemblies.

ARTICLE 38. -If the impugned is delegated to the provincial assembly or deputy is made known the causes of the proposal, as appropriate, to the president of the provincial assembly or to the State Council, in the latter case through the president of the National Assembly, and the criterion on whether or not the process of revocation should be initiated as a provincial delegate or deputy is requested.

If the consideration is that the initiation of the revocation process is not appropriate, the appropriate persons should be informed.

If the criterion is that the process of revocation should be initiated as a delegate to the provincial assembly or deputy is informed to the corresponding municipal assembly, which debates the case and decides by secret ballot.

CHAPTER VI

OF THE REVOCATION OF THE MANDATE OF THE PRESIDENT AND OF THE VICE-PRESIDENT OF THE PROVINCIAL ASSEMBLY OF THE PEOPLE ' S POWER AND OF THE SPECIAL MUNICIPALITY ISLAND OF YOUTH

Article 39. -The application for the commencement of the process of revocation of the mandate of the President and of the Vice-President, or both at the same time, of the provincial assembly and of the Special Municipality Island of the. Youth is carried out, by written form, of in accordance with Article 7 (5) of this Act, on the proposal of:

  1. (a) the Council of State, which submits it directly to the assembly concerned,
  2. (b) a delegate to the assembly itself, addressed to the President of that assembly, in which case he refers a copy of his letter to the State Council through the President of the National Assembly.

ARTICLE 40. -When the beginning of the process is requested by the State Council, the corresponding assembly is called to session and the elements of judgment are presented to it and the conclusions reached to request the revocation. The views of the participants are then heard, the contested one is present and wishes to be expressed, and the proposal is submitted to the proposal by secret ballot. The repeal is approved if in favor of it the majority of the delegates present, which is informed to the appropriate ones.

If the revocation of the President and the Vice-President is analyzed at the same time, the Council of State appoints one of its members to convene, the assembly, to attend the process and conduct the debate; if the request refers to the President, the Vice-President.

ARTICLE 41. -From the request of the beginning of the process of revocation by a delegate to the assembly itself is proceeded according to the following:

  1. (a) the assembly is convened by the appropriate and informed of the request for the initiation of the revocation process, the arguments provided are offered, opinions are heard and the proposal is submitted to its consideration, which is carried out by vote and it is approved if in favor of it the majority of the delegates present. If the beginning of the process of revocation is approved, the assembly appoints a special commission of ethics composed of not less than three delegates,
  2. (b) the special ethics commission, within the period of 15 calendar days, hears the contested decision, investigates the particularities of the case and, above, conclusions, which it informs in advance to which the debate will take place and, through the President of the the National Assembly, gives the Council of State, for the purposes of the process, before continuing the process,
  3. c) once the procedures have been completed, the assembly is convened to discuss the matter.

The special ethics commission presents the report and its conclusions, the criteria of the delegates are heard, the contested is heard if it is present and wishes to be expressed, and the proposal is submitted to the proposal by secret ballot. The repeal is approved if in favor of it the majority of the delegates present vote.

ARTICLE 42. -When, at the provincial assembly or in the Special Municipality of the Island of Youth, the President and the Vice-President are provisionally suspended or revoked from office, one of the following shall be appointed in the sitting. The Committee on the Rules of the Rules of the Rules of the Council of the European Parliament and of the Council of the European Parliament.

ARTICLE 43. -The provincial assembly must decide whether or not to initiate the process of revocation as a delegate to it, which is approved by ordinary vote if the majority of the delegates present are in favor. The result is communicated to those who consider it relevant.

If approved, it refers the considerations to the corresponding municipal assembly to proceed as provided for in article 26 of this law.

ARTICLE 44. -If the contested is a Member, the Council of State, by virtue of the elements it possesses, offers its criterion regarding whether or not the process of revocation should be initiated as such, which informs the corresponding municipal assembly to proceed in accordance with Article 29 of this Law.

If the consideration of the Council of State is that the initiation of the revocation process is not appropriate, it informs those who correspond.

ARTICLE 45. -For the Special Municipality Island of Youth, if it is considered that its status as a delegate is affected, it is appropriate, in accordance with the provisions of Article 37 of this Law.

CHAPTER VII

OF THE REVOCATION OF THE MANDATE OF THE PRESIDENT, THE VICE-PRESIDENT AND THE SECRETARY OF THE NATIONAL ASSEMBLY OF THE PEOPLE ' S POWER

48. The application for the commencement of the process of revocation of the term of office of the President, the Vice-President and the Secretary of the National Assembly shall be made in writing, in accordance with the provisions laid down in points (a) and (b) of the Article 7 (6) of this Law, on the proposal of:

  1. a) the State Council, which presents it to the National Assembly,
  2. (b) a Member, who directs it to the Council of State.

ARTICLE 47. -When the revocation is promoted by the State Council, one of its members provides the information corresponding to the National Assembly.

ARTICLE 48. -In case the impeached is the President, the Vice President leads the debate and both, the State Council appoints one of its members to lead the debate.

ARTICLE 49. -After providing the relevant information, the Members who wish to speak in relation to the proposal are given the floor and the contested decision is heard if ' is present and wishes to express itself. At the end of the debate, the request for revocation is put to a secret ballot and it is approved if the majority of the Members present in favour of it votes.

ARTICLE 50. The National Assembly must demonstrate, by ordinary vote, if it considers that the process of revocation as a deputy will be initiated, to the effect that, through the State Council, the corresponding municipal assembly will be counted.

ARTICLE 51. -When the revocation is promoted at the request of a deputy, the State Council, ' after evaluating the request, to estimate it, has the relevant investigations. If you consider the beginning of the revocation process to proceed in a session of the National Assembly, the case is analyzed.

If the consideration is that the initiation of the revocation process is not appropriate, the appropriate persons should be informed.

CHAPTER VIII OF THE WITHDRAWAL OF THE MANDATE OF A MEMBER OF THE STATE COUNCIL

ARTICLE 52. The application for the commencement of the process of revocation of the mandate of a member of the Council of State is made, in writing, in accordance with the provisions laid down in Article 7 (7) (a) and (b) of this Law, proposal for:

  1. a) the State Council, which presents it to the National Assembly,
  2. (b) a Member, who directs it to the Council of State.

ARTICLE 53. -The Council of State may, by agreement, propose to the National Assembly, in accordance with the provisions of this law, the request to revoke the mandate of any of its members.

ARTICLE 54. -The application for revocation referred to in the previous article is dealt with in accordance with the provisions of Articles 47, 49 and 50 of this Law.

ARTICLE 55.-A Member may propose, in accordance with this law, the commencement of the process of revocation of the mandate of a member of the State Council, through the President of the National Assembly of People's Power, which moves him to the President of the State Council.

ARTICLE 56. -The Council of State, after obtaining the information and arriving at the relevant conclusions, if necessary to give a course to the request. moves to the National Assembly to be processed in accordance with the provisions of Articles 49 and 50 of this Law. The decision taken is not to be considered as appropriate.

SPECIAL PROVISIONS

FIRST : In the event that the impeached person does not attend the session of the assembly that decided to revoke his mandate or the provisional suspension of his duties, he will be informed of what is appropriate.

SECOND : If during the process of revocation, the contested decision presents his/her resignation, the competent body, to consider its relevance, can accept it and, if necessary, have the conclusion of the process with the definitive file of the documentation in the phase in which is found.

THIRD : When the revocation is not approved in any of the cases referred to in this law, a new revocation process may not be initiated, but by virtue of other facts that typify some of the causal causes and that are not present. in the previous process.

FOURTH : Where, for duly justified reasons, the terms laid down in this law cannot be completed, it may be extended, for a single time, which shall not exceed the original time limit.

The authorised to grant extensions, where appropriate, are:

  1. (a) the presidents of the provincial assemblies, as regards the delegates elected to that assembly, as well as to the delegates, presidents and vice-presidents of the municipal assemblies,
  2. (b) the President of the National Assembly, as regards the deputies, presidents and vice-presidents of the provincial assemblies and the Special Municipality of the Island of Youth.

FINAL PROVISION

UNICA : It will be repealed as many legal and regulatory provisions are opposed to the compliance with the provisions of this law, which will begin to apply from the date of its publication in the Official Gazette of the Republic.

DADA in the session hall of the National Assembly of People's Power, Convention Palace, Havana City, September 14, 1999.