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How does a bill become a law?

How does a bill become a law?

 The legislature has the primary and historical responsibility of enacting legislation. The Political Constitution of Peru points out several ways to formulate and adopt legislation.

 The following persons and institutions have the right to submit legal initiatives: The President of the Republic, Congress representatives, other governmental agencies, autonomous public agencies, municipalities, and professional associations, are entitled to submit a bill.

Citizens also enjoy this right to submit legislative proposals, according to the Constitution.

  

DOCUMENT PROCESSING OFFICE

 

This office receives, registers and numbers the bills.

SECRETARIAT GENERAL

 

After the bill is filed with the document processing office, the Secretary General informs the Executive Council and refers a decree with the following information:

  • Date
  • Number of the bill
  • Name of the Committee (s), which receives the bill, upon consultation with members of the Bureau
  • Signature of the Secretary General

COMMITTEES

 

The Committees (with all-party membership) may examine the proposed legislation in detail, trying to harmonize views and find consensus among parliamentary groups and their different positions.

The Committees may issue their reports within 30 days from the date of entry of the proposition.  The reports shall contain the opinions of their members by unanimous, minority or majority consent.  The reports may be classified as follows:

  • Favorable reports
  • Unfavorable reports (referral to Parliamentary Archive)
  • Flat Rejection (referral to Parliamentary Archive)

When a proposition is referred to more than one committee, the order set in the Secretary General’s decree determines the importance given to the respective Committee.  The committees may submit joint or individual reports. 

EXECUTIVE COUNCIL

 

Once the committee reports are received by the Executive Council (in collaboration with the Secretary General, the Parliamentary General Director and the Reading Clerk), they sort the bills and place them on the calendar for debating in Plenary Assembly. The council shall:

  • Fix the time for debating the reports
  • Coordinate the distribution of copies of the reports to all Members of Congress, 24 hours before the plenary sittings.
  • Arrange the home distribution of copies, upon the President discretion, in case of emergency.

PLENARY ASSEMBLY

 

The Plenary Assembly of Congress, after an intense debate, may pass the bill or reject it.  In case of rejection, the bill is shelved in the General Archive.

The debate is carefully recorded. The Proceedings and Congressional Record register the circumstances and agreements during the debates.   In 1855, José Galvez created the Congressional Record.

READING CLERK AND CALENDAR OFFICE

 

It is responsible for preparing the enrolled bill.

SECRETARY GENERAL OFFICE

 

The Secretary General reviews and certifies the enrolled bills and refer them to the President of the Republic for their enactment within a 15 days period.

EXECUTIVE BRANCH

 
  • If there are no objections, the President of the Republic promulgates the law and orders its publication.
  • If the President has objections on whole or part of the law, he sends it back to Congress, within the aforementioned time (15 working days)
  • If the term is due, and the President of the Republic has not enacted the bill, the President of Congress or the Chairman of the Permanent Assembly may promulgate it.

The Congress may delegate to the Executive Branch the function to legislate on specified matters upon the obligation of informing about it.

ENACTMENT AND PUBLICATION

 

The enacted laws are published in the official gazette El Peruano in the section called “Legal Rules”.

EFEFCTIVE DATE OF THE LAW

 

The law enters into force, compulsorily, from the day after its publication in the official gazette El Peruano, except as otherwise provided for in the same law.

 

 

Legislative Process | Juridical Information
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