Veracruz Constitution: A Guide to Governance

Posted on Oct 5, 2024 in Law & Jurisprudence

Veracruz State Constitution

Fundamental Principles

Sovereignty and Territory

Article 1. The State of Veracruz, Ignacio de la Llave, is part of the Mexican Federation, free and autonomous in its administration and internal governance.

Article 2. Sovereignty resides in the people, who exercise it through the branches of government or directly through the forms of participation established by the Constitution.

Article 3. The national territory comprises the historically established extent and boundaries. It also includes headlands and adjacent islands, exercising jurisdiction according to the Federal Constitution and law.

Rights and Duties

Article 4. All men and women have equal rights and duties before the law. Freedom is limited only by law; all persons must obey orders from competent authorities, who only have expressly granted powers.

Article 5. The State has a multicultural and multiethnic composition, originally based on its indigenous peoples. The law promotes and protects their languages, cultures, customs, resources, and social organizations, guaranteeing effective access to state jurisdiction. Legal proceedings consider their practices and customs as established by law.

Article 6. State authorities promote conditions for the full enjoyment of freedom, equity, security, and non-discrimination. They ensure the right to honor, personal and family privacy, and the free development of personality.

Article 7. Every person has the right to petition state, municipal, and autonomous bodies, who must provide a written, reasoned reply within 45 working days.

Article 8. State inhabitants have the right to a healthy and balanced environment. Authorities develop plans and programs for the preservation and rational use of natural resources, flora, and fauna, and to prevent and combat pollution.

Article 9. Ownership and possession are subject to the Federal Constitution and law.

Education

Article 10. All people have the right to education. Preschool, primary, and secondary education are compulsory and free. The Veracruz education system includes state and municipal institutions, the Universidad Veracruzana, and private entities. Education is an ongoing process, based on:

  • A secular system
  • Promotion of education at all levels and coordination with federal authorities
  • Encouraging knowledge of the national language and research of Veracruz’s geography, history, culture, and its role in Mexican and international development
  • Development and promotion of artistic, historical, scientific, and cultural heritage
  • Higher education and technology focused on creating, preserving, and transmitting culture and science, respecting academic freedoms and seeking links with the productive sector
  • Bilingual education for indigenous peoples, respecting traditions and incorporating ethnohistory and worldview
  • Promoting family and social values that foster human solidarity, environmental preservation, and the rule of law
  • Developing special programs for the integration of the elderly and disabled
  • Promoting social participation in education

The Universidad Veracruzana is an autonomous institution with the power to govern, issue regulations, appoint authorities, and manage its assets. Its immovable property used for public education is exempt from local and municipal taxes. (Amended, GO March 18, 2003)

Citizenship

Citizens and Residents

Article 11. Veracruz citizens are:

  1. Those born in the State
  2. Those with a parent born in the State and in national territory

Article 12. Residents are domiciled in the State for at least one year.

Article 13. Residency is lost by:

  1. Judicially declared absence
  2. Expressly stating residence outside the State

Residency is not lost due to absence for public office, official committees, or national defense duties.

Article 14. Mexican citizens (by birth or naturalization), 18 years or older, with an honest living, who are Veracruz residents, are citizens.

Rights and Obligations of Citizens

Article 15. Citizen rights include:

  1. Voting and being voted for in state and municipal elections, and participating in plebiscites, referendums, and initiatives.
  2. Joining political parties or organizations freely.
  3. Being informed of their political representatives’ activities.
  4. Other rights established by this Constitution and law.

Article 16. Citizen obligations include:

  1. Voting in state and municipal elections, plebiscites, and referendums.
  2. Registering to vote and registering property, industry, profession, or job.

Branches of Government

Organization of the State

Article 17. State authority is popular, representative, and democratic, divided into Legislative, Executive, and Judicial branches. The capital is Xalapa-Enríquez.

Article 18. Deputies and councilors are elected by universal, free, secret, and direct vote, according to plurality and proportional representation principles.

Article 19. Political parties are public interest entities that promote citizen participation and contribute to state and municipal representation. They have the exclusive right to register candidates for elective office. The law recognizes and regulates other forms of political organization.

Legislative Power

Article 20. Legislative power resides in the State Congress.

Article 21. The State Congress comprises deputies elected by relative majority in electoral districts and deputies elected by proportional representation, according to lists submitted by political parties (60/40 ratio).

Article 22. Each elected deputy has a substitute. Both must be:

  1. Mexican citizens by birth, in full exercise of their rights (Amended, GO October 14, 2008)
  2. Literate
  3. Reside in the district or constituency for at least three years before election day (Amended, GO October 14, 2008)

Article 23. The following may not be members:

  1. The Governor
  2. State or federal public servants in the exercise of authority
  3. Deputies, municipal council members, or those holding positions in the districts where they exercise authority
  4. Active-duty military personnel
  5. Members of the state church or ministers of any religious cult, unless separated from their ministry
  6. Those with prior convictions for malicious criminal offenses, except those granted benefits of commutation or conditional suspension of sentence

Public servants in fractions II, III, and IV are eligible if separated from their positions 90 calendar days before election day.

Article 24. Congress cannot meet or function without more than half of its deputies.

Article 25. Congress meets from November 5th to January 31st and from May 2nd to July 31st. Sessions and committee meetings are public, except for matters requiring secrecy.

Article 26. Congress prioritizes:

  • First regular session:
    • Reviewing, discussing, and approving the next year’s budget (presented by the Governor between November 6th and 10th)
    • Reviewing, discussing, and approving municipal revenue laws
    • Reviewing and determining the State Government’s public accounts for the previous year
  • Second regular session:
    • Examining, inspecting, and approving the accounts for the collection and distribution of income for the previous year

Article 27. Deputies missing three consecutive meetings without just cause or permission are deemed to have waived attendance.

Article 28. Congress may temporarily change its headquarters with a two-thirds vote and must meet at least once a year in a municipality in the northern, central, or southern state.

Article 29. Congress meets in special session when convened by the Permanent Delegation or at the Governor’s request with the Permanent Deputation’s approval. These sessions address only the matters specified in the call or those deemed urgent by a two-thirds vote.

Privileges and Powers of Congress

Privileges of Members

Article 30. Members have immunity for opinions expressed in office and can only be prosecuted for crimes committed during their term by a declaration of Congress.

Article 31. Members cannot hold other commissions or employment for financial rewards without Congress’s permission. Educational or charitable activities are exempt. Violation results in loss of membership.

Article 32. Members submit an annual report of their legislative, control, representation, and agency functions to Congress.

Powers of Congress

Article 33. Congress’s powers include:

  1. Approving, amending, and abolishing laws or decrees
  2. Giving the authentic interpretation of laws or decrees
  3. Initiating laws or ordinances within its jurisdiction

Article 34. The right to initiate laws or decrees belongs to:

  1. State Congress deputies
  2. Deputies and senators elected to the State
  3. The Governor
  4. The High Court of Justice in matters relating to the organization and operation of justice

Article 35. Law or decree initiatives follow these procedures:

  1. Referral to committees
  2. Committee opinions
  3. Discussion in the full House, with the Governor or designee available for clarifications

Article 36. A law or decree is considered approved if not returned with comments to Congress within ten working days of receipt, unless Congress has closed or suspended its sessions.

Article 37. A rejected law or decree cannot be proposed again in the same session, except for the Law on Income and Expenditure Budget (Amended, GO March 18, 2003).

Article 38. Congressional resolutions have the force of law, decree, agreement, or initiative.

Article 39. The Governor cannot comment on the following resolutions:

  1. Those issued as part of the Permanent Constitution or when exercising Electoral College functions
  2. Declarations of amendments to this Constitution
  3. Agreements
  4. Impeachment statements
  5. Decrees convening the Permanent Deputation in extraordinary session

Article 40. Before the end of regular sessions, Congress elects a Permanent Deputation (40% of members).

Article 41. The Permanent Deputation’s duties include:

  1. Convening Congress for special sessions
  2. Calling on substitute members
  3. Receiving initiatives and referring them to committees

Executive Power

Article 42. Executive power is vested in the Governor.

Article 43. To be Governor, one must be:

  1. A Veracruz citizen in full exercise of their rights
  2. Have resided in the State for five years before the election
  3. Be at least 30 years old on election day

Article 44. The Governor serves a six-year term, commencing the following December.

Article 45. Upon taking office, the Governor takes an oath to uphold the Constitution.

Article 46. If the Governor-elect does not take office, the Governor from the concluded term acts as interim Governor and calls a special election within twelve months.

Article 47. If the Governor is absent during the first two years of their term, Congress acts as the Electoral College to appoint a temporary Governor and calls for elections.

Article 48. In the Governor’s absence:

  1. Up to ten days: The Secretary of Government acts as interim.
  2. Over ten days but not thirty: The Governor notifies Congress or the Permanent Deputation, and the Secretary of Government acts as interim.

Article 49. The Governor’s powers include:

  1. Enforcing the Constitution and laws
  2. Establishing, publishing, and implementing laws and decrees passed by Congress (Amended, GO March 18, 2003)

Article 50. The executive branch has central agencies and parastatals as established by law.

Article 51. Heads of public administration agencies appear before Congress when summoned.

Article 52. The state prosecutor enforces laws and takes action against offenders.

Article 53. The state prosecutor is the Attorney General, who commands ministerial police and other staff.

Article 54. The prosecutor intervenes in proceedings affecting laws granting special protection and in legal affairs where the State is a party.

Judicial Power

Article 55. Judicial power is vested in the Superior Court of Justice, an Administrative Litigation Court, a Conciliation and Arbitration Court, and other courts established by law.

Article 56. The State Judicial Branch:

  1. Ensures the supremacy of the Constitution
  2. Protects human rights through the trial of protection

Article 57. The High Court consists of a number of judges determined by law, chaired by a judge.

Article 58. To be a judge, one must be:

  1. A Veracruz citizen who has resided in the State for two years, or a Mexican citizen by birth who has resided in the State for at least five years.
  2. At least 35 years old at the time of nomination.

Article 59. Judges are appointed by Congress based on the Governor’s proposal. Justices serve ten-year terms and can only be removed according to this Constitution.

Article 60. The judiciary’s budget is administered independently and must be accounted for annually to Congress.

Article 61. Judges order the execution of judgments. Those responsible for security forces who fail to provide timely assistance are liable.

Article 62. The Judicial Council administers, oversees, and disciplines the judiciary (except the High Court).

Article 63. Every person has the right to resolve differences through arbitration or mediation.

Article 64. To fulfill responsibilities in Article 56, the High Court has a Constitutional Court with three judges.

Article 65. The Full Court of Justice addresses constitutional disputes between:

  1. Two or more municipalities
  2. Municipalities and the executive or legislature
  3. The executive and legislative branches

Article 66. To ensure acts and decisions are subject to the rule of law, a system of remedies is established for the Electoral Institute, the Electoral Chamber, and the Superior Court of Justice.

Autonomous Bodies and Municipalities

Article 67. State autonomous bodies have legal personality, patrimony, technical and budgetary autonomy, and are overseen by the State Congress.

Article 68. Each municipality is governed by an elected City Council (chairman, trustee, and other officials) with no intermediate authority between it and the State Government.

Article 69. To be mayor, one must be:

  1. A Veracruz citizen in full exercise of their rights from the municipality or a resident for at least three years before election day.
  2. Not a member of the clergy unless separated under the Federal Constitution and laws.

Article 70. Deputies serve three-year terms, commencing on January 1st.

Article 71. Municipalities can approve police and government regulations within their jurisdictions.

State Finances and Public Administration

Article 72. The State Treasury comprises public buildings, inheritances, donations, vacant property, goods, rights, claims, income, and contributions enacted by Congress.

Article 73. Contributions must cover public costs.

Article 74. State authorities promote and guide economic development, regulating and promoting production, business, trade, and services.

Article 75. The Governor organizes a democratic planning system for state development.

Article 76. Civil servants are responsible for mistakes or crimes committed during their duties.

Article 77. Impeachment may apply to various officials for acts or omissions affecting essential public interests.

Article 78. Congress, with a two-thirds vote, decides whether to proceed with impeachment.

Article 79. Public officials must manage public resources impartially and fairly.

Article 80. The Constitution and federal laws are supreme law.

Article 81. If unforeseen circumstances prevent Congress or the Governor from taking office on the scheduled date, Congress or the Permanent Delegation sets a new date.

Article 82. Public officials serve for the period specified by law and have no right to retain their positions. Salaries are based on equality of rank and function.

Article 83. In case of a declaration of loss of power by the Senate, if the Senate fails to name an interim executive, one of the following individuals assumes the role:

  1. The last President of Congress
  2. The last President of the Permanent Deputation
  3. The last President of the Superior Court of Justice

Article 84. This Constitution may be amended by the State Congress with a two-thirds vote in two successive regular sessions.