Political Constitution of the Republic of Costa Rica (2024)

POLITICAL CONSTITUTION

OF THE REPUBLIC OF COSTA RICA

We, the Representatives of the People of Costa Rica, freely electedMembers of the National Constitutional Assembly, invoking thename of God and reaffirming our faith in democracy, decree andenact the following:

CONSTITUTION OF THE REPUBLIC OF COSTA RICA

TITLE I

THE REPUBLIC

Sole Chapter

ARTICLE 1. Costa Rica is a free and independent democraticRepublic.

ARTICLE 2. Sovereignty resides exclusively in the Nation.

ARTICLE 3. No one may usurp sovereignty; any person who doesso commits the crime of treason against the Nation.

ARTICLE 4. No person or group of persons may assume therepresentation of the People, usurp their rights, or make petitions intheir name. Violation of this article shall be sedition.

ARTICLE 5. The national territory is bounded by the Caribbean Sea,the Pacific Ocean, and the Republics of Nicaragua and Panama.

The boundaries of the Republic are those established by the Cañas-Jérez Treaty of April 15, 1858, ratified by the Cleveland Award ofMarch 22, 1888, with respect to Nicaragua, and by the EchandiMontero-Fernández Jaén Treaty of May 1, 1941, with regard toPanama.

Cocos Island, located in the Pacific Ocean, is part of the nationalterritory.

ARTICLE6.TheStateexercisescompleteandexclusivesovereigntyover the air space above its territory, over its territorial waters withina distance of twelve miles measured from the low-tide mark alongits shores, over its continental shelf and its insular undersea base, inaccordance with principles of International Law.

It also exercises special jurisdiction over the seas adjacent to itsterritory within a distance of two hundred miles measured from thesame mark, in order to protect, preserve and exploit exclusivelyall the natural resources and wealth existing in the waters, soil andsubsoil of those zones, in accordance with those principles. (Asamended by Law N° 5699, June 5, 1975).

ARTICLE 7. Public treaties, international agreements andconcordats duly approved by the Legislative Assembly shall have ahigher authority than the laws upon their enactment or from the daythat they designate.

Public treaties and international agreements referring to the territorialintegrity or the political organisation of the country shall requirethe approval of the Legislative Assembly by a vote of not less thanthree-quarters of all its members and the approval of two-thirds ofthe members of a Constituent Assembly convened for that purpose.(As amended by Law N° 4123, May 31, 1968).

ARTICLE 8. Foreign states may only acquire within the territory ofthe Republic, on a reciprocal basis, the real estate necessary to basetheir diplomatic representations, notwithstanding the provisions ofinternational agreements.

ARTICLE 9. The Government of the Republic is popular,representative, participatory, alternate and responsible. It is exercisedby three distinct and independent branches: Legislative, Executive,and Judicial. (As amended by Law N° 8364 of July 1, 2003).

None of these Branches may delegate the exercise of their ownfunctions.

A Supreme Electoral Tribunal, with the rank and independenceof the Government Branches, has exclusive and independent

responsibility for the organisation, management and supervision ofsuffrage-related acts, as well as for any other functions vested in itby this Constitution and the laws. (The foregoing paragraph wasadded by Law N° 5704, June 5, 1975).

ARTICLE 10. A specialised Chamber of the Supreme Court ofJustice shall declare, by an absolute majority vote of its members,the unconstitutionality of provisions of any nature and of acts subjectto Public Law. The jurisdictional acts of the Judicial Branch, thedeclaration of the elections by the Supreme Electoral Tribunal andany other acts established by law cannot be challenged followingthis procedure.

This Chamber shall also:

a) Settle any conflicts of jurisdiction between State branches,including the Supreme Electoral Tribunal, as well as any otherentities or bodies established by law.

b) Hear any consultations on constitutional amendment bills,ratification of international agreements or treaties and other bills,as provided by law. (As amended by Law N° 7128, August 18,1989).

ARTICLE 11. Public officials are mere custodians of authority.They must carry out the duties entrusted to them by law and cannotusurp powers which the law has not conferred upon them. Theymust take an oath to observe and uphold this Constitution and thelaws. The action to establish their criminal liability for their acts ispublic. The Public Administration, in its broadest sense, shall besubject to a procedure of evaluation of results and accountability,with public officials having personal responsibility for the fulfilmentof their duties. The law shall establish the mechanisms to enablesaid evaluation of results and accountability to operate as a systemthat covers all public institutions. (As amended by Law N° 8003 ofJune 8, 2000).

ARTICLE 12. The Army as a permanent institution is abolished.There shall be the necessary police forces for surveillance and thepreservation of public order.Military forces may only be organized under a continental agreementor for the national defence; in either case, they shall always besubordinate to the civil power: they may not deliberate or makestatements or representations individually or collectively.

TITLE II

COSTA RICANS

Sole Chapter

ARTICLE 13. The following are Costa Ricans by birth:

1. A child born within the territory of the Republic to a Costa Ricanfather or mother;

2. A child born abroad to a Costa Rican-born father or mother, whois registered as such in the Civil Register by the will of the CostaRican parent during his minority, or by his own will up to theage of twenty-five;

3. A child born in Costa Rica to foreign parents, who is registeredas a Costa Rican by the will of either parent during his minority,or by his own will up to the age of twenty-five;

4. An infant, of unknown parents, found in Costa Rica.

ARTICLE 14. The following are Costa Ricans by naturalisation:

1. Those who have acquired this nationality under former laws.

2. Nationals of other Central American countries, Spaniards andIberian-Americans by birth, who have officially resided in thecountry for five years and meet any other requirements prescribedby the law.

3. Central Americans, Spaniards and Iberian-Americans who arenot native-born, and other foreigners who have been domiciledin Costa Rica for at least seven years and meet any otherrequirements prescribed by the law.

4. A foreign woman who loses her nationality through marriage toa Costa Rican.

5. A foreign woman who, after being married two years to a CostaRican, and having resided in the country during the same period,indicates her desire to acquire the Costa Rican nationality.

6. Anyone who obtains honorary nationality granted by theLegislative Assembly. (As amended by Law N° 7065, May 21,1987).

ARTICLE 15. Anyone who applies for naturalisation must provideevidence of good behaviour, demonstrate that he has a knownoccupation or means of livelihood, show that he speaks, writes andreads the Spanish language, submit himself to a comprehensive teston the history and the values of the country, promise to reside withinthe national territory on a regular basis and swear to respect theconstitutional order of the Republic.

The requirements and procedures to apply for naturalisation shall beestablished by law. (As amended by Law N° 7065, May 21, 1987).

ARTICLE 16. Costa Rican nationality is not lost and cannot bewaived. (As amended by Law N° 7514, June 6, 1995).

ARTICLE 17. Acquisition of nationality is transferred to minorchildren in accordance with the regulations established by law. (Asamended by Article 1, Law N° 7514, June 6, 1995).

ARTICLE 18. Costa Ricans must observe the Constitution andthe laws, serve and defend the country and contribute to the publicexpenses.

TITLE III

FOREIGNERS

Sole Chapter

ARTICLE 19. Foreigners have the same individual and socialrights and duties as Costa Ricans, with the exceptions and limitationsestablished by this Constitution and by the laws.

They may not intervene in the political affairs of the country, aresubject to the jurisdiction of the courts of justice and the authoritiesof the Republic, and may not have recourse to diplomatic channels,except as provided in international conventions.

TITLE IV

INDIVIDUAL RIGHTS AND GUARANTEES

Sole Chapter

ARTICLE 20. All persons are free within the Republic; no oneunder the protection of its laws can be a slave. (As amended byArticle 1 Law N° 7880, May 27, 1999).

ARTICLE 21. Human life is inviolable.

ARTICLE 22. Every Costa Rican may move about and stayanywhere within the Republic or abroad, provided he is free fromany liability, and may return whenever it may be convenient to him.No requirements may be imposed on Costa Ricans that prevent themfrom entering the country.

ARTICLE 23. The home and any other private premises of theinhabitants of the Republic are inviolable. However, such premisesmay be searched with a written warrant issued by a competentJustice, either to prevent the commission of crimes or their impunity,

or to prevent serious damage to persons or property, subject to theprovisions of law.

ARTICLE 24. The right to the privacy, freedom and confidentialityof communications is guaranteed.

Private documents and written, verbal or other communicationsof the inhabitants of the Republic are inviolable. However, a lawwhose enactment and amendment shall require the vote of atleast two-thirds of the members of the Legislative Assembly shalldetermine those cases in which the Courts of Justice may order theseizure, search, or examination of private documents, whenever thisis deemed absolutely necessary to clarify matters submitted to theircognizance.

Likewise, this law shall determine the cases in which the Courtsof Justice may order the intervention of any communication andindicate the offences for which the exercise of this exceptionalinvestigatory power may be authorized, and the period during whichsuch an intervention shall be permitted. The law shall also determinethe responsibilities and penalties for officials who illegally apply thisexception. Any judicial resolution issued under this provision shallbe duly reasoned and can be immediately enforced. Its applicationand supervision shall be the responsibility of judicial authorities andcannot be delegated.

The law shall also determine the circ*mstances in which competentofficials of the Ministry of Finance and the Office of the ComptrollerGeneral of the Republic may examine accounting books and relateddocuments for tax purposes and to oversee the proper use of publicfunds.

A special law, approved by two-thirds of all the members ofthe Legislative Assembly, shall determine which other PublicAdministration bodies shall be authorized to examine the documentsstipulated by said law in the performance of their duties of regulationand supervision for public purposes. This law shall also indicatethose cases in which such examination is appropriate.

Any correspondence seized or information obtained as a result ofthe illegal interception of any communication shall have no legaleffect. (As amended by Law N° 7607, May 29, 1996).

ARTICLE 25. The inhabitants of the Republic have the right ofassociation for lawful purposes. No person may be compelled toform part of any association whatsoever.

ARTICLE 26. All persons have the right to assemble peacefullyand without arms, whether for private business or to discuss politicalaffairs and examine the public conduct of officials.Meetings held on private premises do not require prior authorisation.Those held in public places shall be regulated by law.

ARTICLE 27. The right to petition any public official or State entity,either individually or collectively, and the right to obtain promptresolution are guaranteed.

ARTICLE 28. No one may be disturbed or persecuted for expressinghis opinions or for any act that does not infringe the law.

Private actions that do not harm public morality or public order, orthat do not cause damage to third parties, are outside the scope ofthe law.

However, neither clergymen nor laymen may engage in any form ofpolitical propaganda, invoking religious motives or making use ofreligious beliefs.

ARTICLE 29. All persons may express their thoughts verbally orin writing and may publish them without prior censorship; however,they shall be held liable for any abuses committed in the exercise ofthis right, in such cases and in the manner established by law.

ARTICLE 30. Free access is guaranteed to administrativedepartments for the purpose of obtaining information on matters ofpublic interest.

State secrets are excluded from this provision.

ARTICLE 31. The territory of Costa Rica shall provide shelter to allthose persecuted for political reasons. If their expulsion should beordered on legal grounds, they can never be sent back to the countrywhere they were persecuted.

Extradition shall be regulated by law or by international treaties andshall never be granted in cases of political or related offences, asthese are defined by Costa Rica.

ARTICLE 32. No Costa Rican may be compelled to abandon thenational territory.

ARTICLE 33. All persons are equal before the law and nodiscrimination contrary to human dignity shall be practiced. (Asamended by Article 1, of Law N° 7880, May 27, 1999).

ARTICLE 34. No law shall have retroactive effects to the detrimentof any person whatsoever or to his acquired property rights, or to thedetriment of any consolidated legal situations.

ARTICLE 35. No one may be tried by a commission, a court or aJustice specifically appointed for the case, but exclusively by thecourts established in accordance with this Constitution.

ARTICLE 36. In criminal matters, no one is obliged to testify againsthimself or against a spouse, ascendants, descendants or collateralrelatives up to and including the third degree of consanguinity oraffinity.

ARTICLE 37. No one may be detained without substantiatedevidence of having committed an offence or without a writtenorder issued by the Justice or the authority in charge of maintainingpublic order, unless the person concerned is a fugitive from justiceor is caught in the act; but in all cases, he shall be brought beforea competent Justice within a peremptory period of twenty-fourhours.

ARTICLE 38. No person may be imprisoned for debt.

ARTICLE 39. No one shall be made to suffer a penalty except fora crime, unintentional tort or misdemeanour punishable by previous

law, and by virtue of a final judgment handed down by a competentauthority, after the defendant has been given an opportunity to pleadhis defence, and upon the necessary proof of guilt.

Judicial restraint in civil or labour matters, or detentions orderedin cases of insolvency, bankruptcy or involuntary bankruptcyproceedings do not constitute violations of this article or of the twopreceding articles.

ARTICLE 40. No one may be subjected to cruel or degradingtreatment, or to life imprisonment, or to the penalty of confiscation.Any statement obtained by violent means shall be null and void.

ARTICLE 41. Everyone shall be entitled to receive reparation forinjury or damage caused to themselves or to their property or moralinterests, through recourse to the laws. Justice shall be prompt,effective, not denied, and in strict accordance with the laws.

ARTICLE 42. The same Justice may not serve in various stagesof a case to decide on the same issue. No person may be tried morethan once for the same punishable offence.The reopening of closed criminal cases and judgments which are resjudicata is prohibited, except upon a motion to reopen the case forreview.

ARTICLE 43. All persons have the right to settle their differencesin civil matters by means of arbitrators, even when there is a pendinglawsuit.

ARTICLE 44. A court order is required for a person to be heldincommunicado for more than forty-eight hours. This measure maybe extended for up to ten consecutive days only, and in no case shallit prevent judicial inspection.

ARTICLE 45. Property is inviolable; no person may be deprivedof his property except for a legally proven public interest, and uponprior compensation in accordance with the law. In the event of waror civil unrest, such compensation need not be made in advance.

However, payment shall be made no later than two years after theemergency situation has ended.

For reasons of public necessity, the Legislative Assembly may, bya vote of two-thirds of all its members, impose limitations of socialinterest on property.

ARTICLE 46. Private monopolies and any acts, even if originatedby law, which may threaten or restrict freedom of trade, agricultureor industry, are prohibited.

Action by the State aimed at preventing any monopolistic practicesor tendencies is in the public interest.

Companies organized as de facto monopolies shall be governed byspecial legislation.

The establishment of new monopolies on behalf of the State or theMunicipal Governments shall require the approval of two-thirds ofall the members of the Legislative Assembly.

Consumers and users are entitled to the protection of their health,environment, safety and financial interests; to receive adequate andtruthful information; to freedom of choice and to equal treatment.The State shall support any bodies established for the purpose ofdefending their rights. The law shall regulate those matters. (Asamended by Law N° 7607, May 29, 1996).

ARTICLE 47. Every author, inventor, producer or merchant shalltemporarily enjoy exclusive ownership of his work, invention,trademark or trade name, in accordance with the law.

ARTICLE 48. Every person has the right to present writs of habeascorpus to guarantee his freedom and personal integrity and writs ofamparo to maintain or re-establish the enjoyment of other rights setforth in this Constitution as well as those of a fundamental natureestablished in international human rights instruments, enforceablein the Republic. Both writs shall be within the jurisdiction of theChamber indicated in Article 10. (As amended by Law N° 7128 ofAugust 18, 1989).

ARTICLE 49. A contentious-administrative jurisdiction is herebyestablished as a function of the Judicial Branch for the purpose ofguaranteeing the legality of the administrative function of the State,its institutions and any other entity of public law.

The misuse of power shall constitute grounds for challengingadministrative acts.

The law shall protect, at very least, the personal rights and legitimateinterests of those governed. (As amended by Law N° 3124, June25, 1963).

TITLE V

SOCIAL RIGHTS AND GUARANTEES

Sole Chapter

ARTICLE 50. The State shall seek the greatest welfare for allinhabitants of the country, organising and promoting production andthe most appropriate distribution of wealth.

Every person has the right to a healthy and ecologically balancedenvironment, being therefore entitled to denounce any acts that mayinfringe said right and to claim redress for the damage caused.

The State shall guarantee, defend and preserve that right.

The Law shall determine the appropriate responsibilities andpenalties. (As amended by Article 1°, Law N° 7412, June 3, 1994).

ARTICLE 51. The family, as the natural unit and foundation ofsociety, is entitled to State protection. Mothers, children, the elderlyand the infirm and destitute are also entitled to such protection.

ARTICLE 52. Marriage is the essential basis of the family andrests on equality of rights between spouses.

ARTICLE 53. Parents have the same obligations toward childrenborn out of wedlock as to those born within it.

Everyone is entitled to know who his parents are, in accordance withthe law.

ARTICLE 54. Any personal characterisation based on the natureof filiation is prohibited.

ARTICLE 55. The special protection of mothers and minors shallbe entrusted to an autonomous institution named the PatronatoNacional de la Infancia (National Child Welfare Authority), withthe collaboration of other State institutions.

ARTICLE 56. Work is a right of the individual and an obligationto society. The State shall seek to ensure that everyone has lawful,useful and properly remunerated employment, and to prevent theestablishment of conditions that in any way curtail human freedomor dignity or degrade labour to the status of mere merchandise. TheState guarantees the right to free choice of work.

ARTICLE 57. Every worker is entitled to a minimum wage, to befixed periodically, for a normal working day, which will providefor his welfare and a decent living. Wages shall always be equal forequal work performed under identical conditions of efficiency.

A technical organisation appointed by law shall be in charge of allmatters related to the setting of minimum wages.

ARTICLE 58. A regular working day for daytime work may notexceed eight hours a day or forty-eight hours a week. The regularworking day for night work may not exceed six hours a day orthirty-six hours a week. Overtime work shall be paid at a rate offifty percent above the stipulated wages or salaries. However, theseprovisions shall not apply in well-defined exceptional cases, to bedetermined by law.

ARTICLE 59. All workers shall be entitled to one day of rest aftersix consecutive workdays and to annual paid leave, the duration and

time of which shall be regulated by law, but which shall not, in anycase, be less than two weeks for every fifty weeks of continuousservice, all without prejudice to the well-defined exceptionsestablished by law.

ARTICLE 60. Both employers and workers may organise freely,for the exclusive purpose of obtaining and preserving economic,social or professional benefits.

Foreigners are prohibited from exercising leadership or authority inunions.

ARTICLE 61. The right of employers to lockout and of workers tostrike is recognised, except in public services, as determined by lawand in accordance with the legal regulations on this subject, whichshall prohibit all acts of coercion or violence.

ARTICLE 62. Collective labour agreements shall have the force oflaw, if entered into by and between employers or employers’ unionsand legally organised trade unions, in accordance with the law.

ARTICLE 63. Workers dismissed without just cause shall beentitled to compensation unless they are covered by unemploymentinsurance.

ARTICLE 64. The State shall promote the creation of cooperativesas a means to provide better living conditions for workers.

ARTICLE 65. The State shall promote the construction of low-costhousing and create a family homestead for workers.

ARTICLE 66. Employers shall adopt any measures necessary forthe health and safety of their workers in their enterprises.

ARTICLE 67. The State shall ensure the technical and culturaltraining of workers.

ARTICLE 68. There shall be no discrimination with regard towages, benefits or working conditions between Costa Ricans andforeigners, or with respect to any group of workers.

Under equal conditions, Costa Rican workers shall receivepreference.

ARTICLE 69. Rural sharecropper contracts shall be regulated toensure a rational exploitation of the land and the equitable distributionof its products between landowners and tenants.

ARTICLE 70. A labour court shall be established under the JudicialBranch.

ARTICLE 71. The laws shall provide special protection to womenand minors in their work.

ARTICLE 72. Until such time as unemployment insurance isestablished, the State shall maintain a permanent technical systemof protection for those involuntarily unemployed and shall strive toreinsert them in employment.

ARTICLE 73. Social security is established for the benefit of manualand intellectual workers, regulated by a system of compulsorycontributions by the State, employers and workers, to protect themagainst the risks of illness, disability, maternity, old age, death andother contingencies as determined by law.

The social security system shall be administered and governed by anautonomous institution known as the Caja Costarricense de SeguroSocial (Costa Rican Social Security Administration).

Social security funds and reserves may not be transferred or used forpurposes other than those for which they were created.

Occupational risk insurance shall be exclusively at the expense ofemployers, being governed by special provisions. (As amended byLaw N° 2737, May 12, 1961).

ARTICLE 74. The rights and benefits to which this Chapterrefers may not be waived. Their enumeration does not excludeothers that may be derived from the Christian principle of socialjustice or established by law. They shall be applied equally to all

the concurrent factors in the process of production and regulatedby social and labour legislation, striving for a permanent policy ofnational solidarity.

TITLE VI

RELIGION

Sole Chapter

ARTICLE 75. The Roman Catholic and Apostolic Religion is thereligion of the State, which contributes to its preservation, withoutpreventing the free exercise in the Republic of other forms ofworship that do not contravene universal morality or good customs.(As amended with regard to its number by Article 1, Law N° 5703,June 6, 1975).

TITLE VII

EDUCATION AND CULTURE

Sole Chapter

ARTICLE 76 .- Spanish is the official language of thenation. However, the State shall ensure the maintenanceand cultivation of national indigenous languages.(Added by Article 2 of Law N° 5703 on June 6, 1975and subsequently renovated by article 1 of Law N° 7878 ofMay 27, 1999).

ARTICLE77. Publiceducationshallbeorganisedasacomprehensiveprocess correlated in its various phases, from preschool to universityeducation.

ARTICLE 78. Preschool education and general basic education arecompulsory. In the public system, these levels and the diversifiededucation level are free of charge and supported by the Nation.

Public expenditure on State education, including higher education,shall not be less than six percent (6%) per annum of the grossdomestic product, in accordance with the law, without detriment tothe provisions of Articles 84 and 85 of this Constitution.

The State shall facilitate the pursuit of higher education by personswho lack monetary resources. The Ministry of Public Education,through the organisation established by law, shall be in charge ofawarding scholarships and assistance. (As amended by Law Nº7676, of July 23, 1997).

ARTICLE 79. Freedom of teaching is guaranteed. However, allprivate educational centres shall be under the supervision of theState.

ARTICLE 80. Private initiative in educational matters shall beencouraged by the State, in such form as provided by law.

ARTICLE 81. The general administration of public education shallbe in the hands of a superior board, composed as provided by lawand presided over by the corresponding Minister.

ARTICLE 82. The State shall provide food and clothing for indigentpupils, in accordance with the law.

ARTICLE 83. The State shall organise and support adult education,with the aim of combating illiteracy and providing culturalopportunities for those who wish to improve their intellectual, social,and economic position.

ARTICLE 84. The University of Costa Rica is a higher learninginstitution that enjoys independence in the performance of itsfunctions and has full legal capacity to acquire rights and contractobligations, as well as to determine its own organisation and form ofgovernment. Other state institutions of higher learning at universitylevel shall have the same functional independence and legal capacityas the University of Costa Rica.

The State shall endow these institutions with their own funds andcooperate in their financing. (As amended by Law N° 5697, June 9,1975).

ARTICLE 85. The State shall endow the University of Costa Rica,the Technological Institute of Costa Rica, the National Universityand the State Distance Education University with their own funds,creating their own revenues for them in addition to those that theythemselves may create. It shall also maintain - using the currentrevenues and any others that may be necessary- a special fund forthe financing of State Higher Education.

The Central Bank of Costa Rica shall manage this fund, makingthe proceeds available in twelfths on a monthly basis, to the orderof said institutions, in accordance with the distribution determinedby the body responsible for coordinating State Higher Educationat university level. The revenues from this special fund cannot beabolished or reduced, unless other improvements to replace themare simultaneously created.

The body in charge of coordinating State Higher Education atuniversity level shall prepare a national plan for this level ofeducation, taking into account the guidelines established by theNational Development Plan in force.

This Plan shall be completed no later than the thirtieth day of June ofthe years divisible by five, covering the next five-year period. It shallinclude operating expenditures as well any investment expensesdeemed necessary for a good performance by the institutionsspecified in this article.

The Executive Branch shall include in the nation’s Ordinary Budgetof expenditure the appropriate items specified in the plan, adjustedin accordance with the variations in the purchasing power ofcurrency.

Any dispute that may arise with regard to the approval of the sumbudgeted in the National Plan for State Higher Education shall beresolved by the Legislative Assembly. (As amended by Law N°6580, May 18, 1981).

ARTICLE 86. The State shall provide for the training of professionalteachers through special institutions of the University of Costa Rica

and of the other higher education institutions at university level. (Asamended by Law N° 5697, June 9, 1975).

ARTICLE 87. Freedom of teaching is a fundamental principle ofuniversity education.

ARTICLE 88. For the discussion and enactment of Bills concerningmatters under the jurisdiction of the University of Costa Rica or ofother institutions of higher education at university level, or directlyrelated thereto, the Legislative Assembly shall previously consultthe University Council or the governing body of each institution.(As amended by Law N° 5697, June 9, 1975).

ARTICLE 89. The cultural aims of the Republic include: to protectit* natural beauty, to preserve and develop the historic and artisticwealth of the Nation, and to support private initiatives in pursuit ofscientific and artistic progress.

TITLE VIII

POLITICAL RIGHTS AND DUTIES

CHAPTER I

Citizenship

ARTICLE 90. Citizenship is the aggregate of political rights andduties pertaining to Costa Ricans over eighteen years of age. (Asamended by Law N° 4763, May 17, 1971).

ARTICLE 91. Citizenship is suspended only:

1. By judicially declared interdiction;

2. By a judgment imposing the penalty of suspension of the exerciseof political rights.

ARTICLE 92. Citizenship is restored in such cases and by suchmeans as the law may provide.

CHAPTER II

Suffrage

ARTICLE 93. Suffrage is a fundamental and compulsory civic dutyand is exercised before Election Boards through a direct and secretballot by citizens registered in the Civil Registry. (As amended byLaw N° 2345, May 20, 1959).

ARTICLE 94. A naturalised Costa Rican citizen may not voteuntil twelve months after obtaining the respective certificate ofnaturalisation.

ARTICLE 95. The law shall regulate the exercise of suffrage, inaccordance with the following principles:

1. The autonomy of the electoral system;

2. The State’s duty to officially register citizens in the Civil Registryand provide them with an identity card to exercise suffrage;

3. Effective guarantees of freedom, order, integrity and impartialityon the part of government authorities;

4. Guarantees that the voting system facilitates the exercise of thisright to citizens;

5. Identification of the voter by means of an identity card with aphotograph or any other appropriate technical means establishedby law for this purpose;

6. Guarantees for the representation of minorities.

7. Guarantees of political pluralism;

8. Guarantees for the appointment of authorities and candidates ofpolitical parties, in accordance with democratic principles andwithout discrimination based on gender. (As amended by Article1º, Law N° 7675, of July 2, 1997).

ARTICLE 96. The State may not make any deductions from thesalaries of public officials for the payment of political debts.

The State shall contribute to defray the costs incurred by politicalparties, in accordance with the following provisions:

1.- The contribution shall be the equivalent of zero point nineteenpercent (0.19%) of the gross domestic product of the two yearsprior to the holding of the elections for President, Vice Presidentsof the Republic and members of the Legislative Assembly.The law shall determine the cases in which a reduction of saidpercentage may be approved.

This percentage shall be allocated to cover the expenses incurredby the political parties participating in these electoral processesand to meet their political organisation and training needs. Eachpolitical party shall establish the percentages corresponding tothese items.

2.-The political parties that participate in the electoral processesindicated in this article and obtain at least four percent (4%) ofthe validly cast votes at national level, or the parties registered atprovincial level that obtain at least said percentage in the provinceor elect at least one member to the Legislative Assembly shall beentitled to State contribution.

3.- Upon deposit of the appropriate bonds, the political partiesshall be entitled to a partial advance of the State contribution, asdetermined by law.

4.- In order to receive support from the State, political parties arerequired to disclose their expenses before the Supreme ElectoralTribunal.

Private contributions to political parties shall be subject to theprinciple of publicity and shall be regulated by law.

The enactment and amendment of the law establishing theprocedures, means of control and other regulations for theenforcement of this article shall require the vote of two-thirdsof the members of the Legislative Assembly. (As amended byArticle 1º, Law N° 7675, of July 2, 1997).

ARTICLE 97. For the purposes of discussion and enactment ofBills concerning electoral matters, the Legislative Assembly shallconsult the Supreme Electoral Tribunal, requiring the vote of two-thirds of all its members to deviate from its opinion.

However, within the six months prior to and four months after apopular election is held, the Legislative Assembly may not enactany law based on bills concerning matters about which the SupremeElectoral Tribunal had expressed disagreement.

ARTICLE 98. All citizens have the right to organise themselves inparties in order to participate in national politics, provided that suchparties are committed in their platforms to respect the constitutionalorder of the Republic.

Political parties shall express political pluralism, contribute tothe formation and manifestation of popular will and shall befundamental instruments for political participation. Their creationand the exercise of their activities shall be free within a context ofrespect for the Constitution and the law. Their internal structure andoperation shall be democratic. (As amended by Article 1º, Law N°7675, of July 2, 1997).

CHAPTER III

The Supreme Electoral Tribunal

ARTICLE 99. The organisation, administration, and supervision ofacts pertaining to suffrage are the exclusive function of the SupremeElectoral Tribunal, which enjoys independence in the performance ofits duties. All other electoral organs are subordinate to the Tribunal.

ARTICLE 100. The Supreme Electoral Tribunal shall be ordinarilycomposed of three regular members and six alternates, appointed bythe Supreme Court of Justice by a vote of no less than two-thirds ofits members. They shall have the same qualifications and be subjectto the same responsibilities as those established for the justices ofthe Supreme Court.

From one year prior to and six months after the holding of generalelections to elect the President of the Republic or the members of theLegislative Assembly, the Supreme Electoral Tribunal shall increasethe number of it members, incorporating two of its alternates in orderto become a tribunal of five members to serve during that period.When applicable, the members of the Supreme Electoral Tribunalshall be subject to the working conditions and the minimum workingday established by the Structural Law of the Judicial Branch forjustices of the Appellate Chamber. They shall also receive the samecompensation fixed for those justices. (As amended by Law N°2345, May 20, 1959 and Law N° 3513, June 24, 1965).

ARTICLE 101. The members of the Supreme Electoral Tribunalshall hold office for a term of six years. The term in office of oneregular member and two alternates shall be renewed every two years,but they may be re-elected.

The justices of the Supreme Electoral Tribunal shall enjoy the sameimmunities and prerogatives as members of the Supreme Branchesof Government. (As amended by Law N° 3513, June 24, 1965).

ARTICLE 102. The Supreme Electoral Tribunal has the followingfunctions:

1. To convoke popular elections;

2. To appoint the members of the Electoral Boards, in accordancewith the law;

3. To interpret, with exclusive and binding effect, all constitutionaland legal provisions on electoral matters;

4. To hear appeals against resolutions issued by the Civil Registryand the Electoral Boards;

5. To investigate directly, or through delegates, and renderdecisions on any claims made by parties regarding the politicalpartiality of State officials in the performance of their duties orthe political activities conducted by officials who are prohibited

from engaging in such activities. A verdict of guilty rendered bythe Tribunal shall be grounds for compulsory dismissal and shalldisqualify the wrongdoer from holding public office for a periodof no less than two years, without prejudice of any criminalliability that may be established. However, if the investigationconducted includes charges against the President of the Republic,Cabinet Ministers, Diplomatic Ministers, the ComptrollerGeneral or the Assistant Comptroller of the Republic, or Justicesof the Supreme Court, the Tribunal shall report the findings of itsinvestigation to the Legislative Assembly;

6. To adopt, with respect to the police force, appropriate measuresto ensure that elections are carried out under conditions ofunrestricted freedom and guarantees. In the event that militaryrecruitment is decreed, the Tribunal may also adopt suitablemeasures to ensure that the electoral process is not hindered,so that all citizens may freely cast their votes. The Tribunalmay enforce these measures directly, or through its appointeddelegates;

7. To conduct the final count of the votes cast in the elections forPresident and Vice Presidents of the Republic, members of theLegislative Assembly, members of Municipal Governments andRepresentatives to Constituent Assemblies;

8. To issue the official declaration of results of the election of thePresident and Vice Presidents of the Republic within thirty daysfollowing the date of the election, and of other officials mentionedin the foregoing subsection within the period established bylaw;

9. To organise, direct, supervise, count and announce the resultsof the referendum process. No more than one referendummay be held in one year, nor may it take place during the sixmonths prior to or after a presidential election. The results shallbe binding for the State if at least thirty percent (30%) of thecitizens registered in the electoral roll participate, in the case ofordinary legislation, and at least forty percent (40%) in the case

of partial amendments to the Constitution and matters requiringlegislative approval by a qualified majority. (Added by clausea) of Article 2 of Law N° 8281, May 28, 2002).

10. Any other functions entrusted to it by this Constitution or by thelaws.

ARTICLE 103. There is no appeal against the decisions of theSupreme Electoral Tribunal, except for actions on the grounds ofbreach of public duty.

ARTICLE 104. The Civil Registry shall be exclusively under thejurisdiction of the Supreme Electoral Tribunal, and its functionsare:

1. To keep the Main Civil Register and prepare the lists of voters;

2. To decide on applications to acquire or recover Costa Ricancitizenship, as well as cases of loss of nationality; to enforceCourt resolutions suspending citizenship and to issue a resolutionon proceedings conducted to recover it. The decisions renderedby the Civil Registry, in accordance with the powers vested uponit by this subsection, may be appealed to the Supreme ElectoralTribunal;

3. To issue identity cards;

4. Any other powers vested in it by this Constitution and the laws

TITLE IX

THE LEGISLATIVE BRANCH

Chapter I

Organisation of the Legislative Assembly

ARTICLE 105. The power to legislate resides in the People,who delegate this power, by means of suffrage, to the Legislative

Assembly. Such a power may not be waived or limited by anyagreement or contract, either directly or indirectly, except in thecase of treaties, according to the principles of International Law.(As amended by Law N° 7128, August 18, 1989).

The People may also exercise this power through a referendum toapprove or repeal laws and partial amendments to the Constitution,when convoked by at least five percent (5%) of the citizens registeredin the electoral roll; also the Legislative Assembly, through theapproval of two-thirds of all its members, or the Executive Branchtogether with an absolute majority of all the members of theLegislative Assembly.

A referendum shall not be admissible for Bills related to budgetary,tax, fiscal or monetary matters, credit, pensions, security, approvalof public loans and contracts or acts of an administrative nature.

This institute shall be regulated by two-thirds of all the membersof the Legislative Assembly. (As amended by Article 1 of Law N°8281, May 28 2002).

ARTICLE 106. The Representatives shall represent the People andshall be elected for the provinces.

TheAssembly is composed of fifty-seven Representatives.Whenevera general population census is conducted, the Supreme ElectoralTribunal shall allocate to the provinces a number of Representativesin proportion to their population. (As amended by subsection 2 ofthe single Article of Law N° 2741, May 12, 1961).

ARTICLE 107. Representatives shall hold office for four years andmay not be re-elected to a succeeding term.

ARTICLE 108. The requirements to become a Representative are:

1. To be a citizen in the exercise of his rights;

2. To be a Costa Rican by birth, or by naturalisation with ten yearsof residence in the country after naturalisation;

3. To be at least twenty-one years of age.

ARTICLE 109. The following may not be elected as Representativesor register as candidates for said office:

1. The President of the Republic or anyone acting as such at thetime of the election;

2. Cabinet Ministers;

3. Regular Justices of the Supreme Court of Justice;

4. Regular members and alternates of the Supreme ElectoralTribunal, and the Director of the Civil Registry Office;

5. The military in active service;

6. Those having jurisdiction or exercising civil or police authorityover any province;

7. Managers of autonomous institutions;

8. Relatives of the person who is then holding the office ofPresident of the Republic, up to and including the second degreeof consanguinity or affinity.

These incompatibilities shall affect anyone holding the aforesaidpositions within six months prior to the date of the election.

ARTICLE 110. A Representative is not liable for any opinionsexpressed at the Assembly. During legislative sessions, he cannotbe arrested on civil grounds, except with the authorisation of theAssembly or with his consent.

From the time a person is declared elected as Representative or as analternate Representative, until his legal term in office expires, he maynot be deprived of his freedom on criminal grounds, unless he hasbeen previously suspended by the Assembly. Such immunity doesnot apply in cases of flagrante delicto or when the Representativewaives it. Nevertheless, a Representative who has been arrested forflagrante delicto shall be released if the Assembly so orders.

ARTICLE 111. After taking the oath of office, no Representativemay accept any position or employment with other State Branchesor autonomous institutions, under penalty of losing his credentials,except as a Cabinet Minister. In this case, he shall be reinstated inthe Assembly when he no longer holds that position.

This prohibition does not apply to those appointed as members ofinternational delegations or those holding positions in charitableinstitutions, or who are professors of the University of Costa Ricaor other State institutions of higher education. (As amended by LawN° 5697, June 9, 1975).

ARTICLE 112. The legislative function is also incompatible withthe holding of any other public office of popular election.

Representatives may not enter into any contract with the Stateor its autonomous institutions, directly or indirectly or throughrepresentation, or obtain any concession of public property that mayinvolve a privilege, or serve as directors, administrators or managersof companies that enter into contracts with the State for public works,procurement of supplies, or operation of public utilities.

Violation of any of the prohibitions mentioned in this or the foregoingarticle shall result in the loss of credentials as Representative. Thesame shall apply to any Representative who violates any of theseprovisions while serving as a Cabinet Minister.

ARTICLE 113. The law shall establish the remuneration aswell as any technical and administrative assistance provided toRepresentatives. (As amended by Law N° 6960, June 1, 1984).

ARTICLE 114. The Assembly shall be based at the capital of theRepublic and the vote of two-thirds of its members shall be requiredto transfer its seat to another location or to suspend its sessions fora specific period.

ARTICLE 115. The Assembly shall elect its Directorate at thebeginning of each legislative period. Its President and Vice Presidentmust fulfil the same conditions required to be President of the

Republic. The President of the Assembly shall take an oath beforethe Assembly, and the Representatives before the President.

ARTICLE 116. The Legislative Assembly shall meet each year onthe first day of May, even if it has not been convoked, and its period ofregular sessions shall last six months, divided into two periods: fromthe first day of May to the thirty-first day of July and from the firstday of September to the thirtieth day of November. One LegislativePeriod includes all regular and extraordinary sessions held betweenthe first day of May and the next thirtieth day of April.

ARTICLE 117. The Assembly may not hold sessions without theattendance of two-thirds of its total membership.

If it is not possible to initiate a session on the appointed day or, if afteropening it, it cannot continue due to lack of a quorum, the memberspresent shall urge the absent members to attend, under penalty ofthe sanctions established by the Regulations, and the Assembly shallopen or continue its sessions when attended by the required numberof members.

Sessions shall be public, unless for very special reasons of generalconvenience the Assembly decides to make them secret by a vote ofno less than two-thirds of the Representatives present.

ARTICLE 118. The Executive Branch may summon the LegislativeAssembly to extraordinary sessions. No issues other than thosestated in the decree of convocation may be discussed, except for theappointment of officials when incumbent upon the Assembly or anylegal amendments that may be essential to act upon issues submittedto its consideration.

ARTICLE 119. The resolutions of the Assembly shall be adoptedby the absolute majority vote of the attending Representatives,except in those cases in which this Constitution requires a qualifiedmajority.

ARTICLE 120. The Executive Branch shall place at the disposal ofthe Legislative Assembly such police force as the President of theAssembly may request.

CHAPTER II

Powers of the Legislative Assembly

ARTICLE 121. In addition to other powers vested in it by thisConstitution, the Legislative Assembly has exclusive powers to:

1. Enact, amend, repeal and give an authentic interpretation to thelaws, except as otherwise provided in the chapter referring to theSupreme Electoral Tribunal;

2. Designate the premises to be used for its sessions, open and closethe sessions and suspend or continue them, as determined by theAssembly:

3. Appoint the regular and alternate Justices of the Supreme Courtof Justice;

4. Approve or not approve international conventions, public treatiesand concordats.

Public treaties and international conventions that confer ortransfer certain powers to a community legal order for thepurpose of achieving common regional objectives shall requirethe approval of the Legislative Assembly by a vote of not lessthan two-thirds of its entire membership.

Protocols of lesser rank derived from public treaties orinternational conventions approved by the Assembly, shall notrequire legislative approval when these instruments expresslyauthorise such Protocols. (As amended by Law N° 4123, May31, 1968).

5. Give or withhold its consent for the presence of foreign troopson national territory and for the presence of warships or aircraftat ports or airfields;

6. Authorise the Executive Branch to declare a state of nationaldefence and to reach peace agreements;

7. Suspend, by a vote of no less than two-thirds of its entiremembership, in the case of clear public interest, the individualrights and guarantees conferred by Articles 22, 23, 24, 26, 28,29, 30 and 37 of this Constitution. This suspension may includeall or certain rights and guarantees, throughout the territory oronly in a part of it, for no more than thirty days. During thesuspension, and with respect to persons, the Executive Branchmay order their detention only in establishments not used forcommon criminals, nor may order their confinement to inhabitedplaces. It must also report to the Legislative Assembly, at itsnext meeting, any measures taken to safeguard public order ormaintain the security of the State. In no case may individualrights and guarantees not listed in this subsection be suspended;

8. Take the legal oath and receive the resignation of members ofthe Supreme Branches of Government, with the exception ofCabinet Ministers; settle any doubts that may arise in the eventof the physical or mental incapacity of the person exercising thePresidency of the Republic, and decide whether to summon hislegal substitute to take office;

9. Admit or dismiss any charges made against the person exercisingthe Presidency of the Republic, the Vice Presidents, members ofthe Supreme Branches and Diplomatic Ministers, declaring bya vote of two-thirds of the entire Assembly whether or not thereare grounds for legal action, and if so, placing the accused at thedisposition of the Supreme Court of Justice for prosecution;

10. Order the suspension of any officials mentioned in the precedingsubsection, if they are to be prosecuted for common crimes;

11. Establish the regular and extraordinary budgets of theRepublic;

12. Appoint the Comptroller General and the Assistant ComptrollerGeneral of the Republic;

13. Levy taxes and national contributions and authorise Municipaltaxes;

14. Order the disposal or public use of property that belongs to theNation.

The following property may not be permanently removed fromState ownership:

a. Any power that may be obtained from public waters withinthe national territory;

b. Deposits of coal, wells and deposits of oil and any otherhydrocarbons, as well as any deposits of radioactive mineralsexisting within the national territory;

c. Wireless services;

Property mentioned in subsections a), b), and c) above may onlybe exploited by the public administration or by private parties,in accordance with the law or under a special concession grantedfor a limited period and based on conditions and stipulations tobe established by the Legislative Assembly.

National railroads, docks, and airports --the latter while in service-- may not be sold, leased or encumbered, directly or indirectly,or be otherwise removed from State ownership and control.

15. Approve or not approve loans or similar agreements affectingpublic credit, entered into by the Executive Branch.

In order to sign loan agreements abroad, or within the countrybut financed with foreign capital, the respective project must beapproved with the vote of two-thirds of the entire membership ofthe Legislative Assembly. (As amended by Law N° 4123, May31, 1968).

16. Bestow honorary citizenship for distinguished services renderedto the Republic and decree honours to the memory of persons

whose eminent activities have made them worthy of such adistinction.

17. Establish the law on the unit of currency and enact laws oncurrency, credit, weights and measures. For the purpose ofdetermining the law of the unit of currency, the Assembly shallpreviously hear the opinion of the technical body in charge ofmonetary regulation.

18. Promote the progress of science and the arts and guaranteeauthors and inventors ownership of their respective works orinventions for a limited time.

19. Create establishments for teaching and the advancement ofthe sciences and arts, allocating revenues to support theseand, in particular, endeavouring to make elementary educationuniversal.

20. Establish the Courts of Justice and other entities for the nationalservice.

21. By a vote of no less than two-thirds of all its members, grantgeneral amnesties and pardons for political crimes, exceptelectoral offences, for which there shall be no mercy;

22. Establish Regulations for its internal operation, which, afterbeing adopted may not be amended, except by a vote of no lessthan two-thirds of all its members;

23.Appoint commissions from among the membership to investigateany matter entrusted to them by the Assembly and submit theappropriate report.

Said Commissions shall have free access to all official agenciesto conduct their investigations and collect any data they maydeem necessary. They may receive any kind of evidence and maysummon any person to appear before them for questioning;

24. Formulate questions to Cabinet Ministers and, in addition, by avote of two-thirds of the Representatives present, censure suchofficials if, in the opinion of the Assembly, they are guilty ofillegal or unconstitutional acts or serious errors that have causedor may cause obvious damage to the public interest.

In both cases, diplomatic matters under negotiation or thoseconcerning pending military operations are exempted.

ARTICLE 122. The Assembly is prohibited from giving votes ofapplause relating to official acts, or recognising as incumbent uponthePublicTreasuryobligations thathavenotbeenpreviouslydeclaredas such by the Judicial Branch or agreed upon by the ExecutiveBranch; or from granting scholarships, pensions, retirement annuitiesor rewards.

CHAPTER III

Enactment of Laws

ARTICLE 123. During regular sessions, the initiative for theenactment of laws may be taken by any member of the LegislativeAssembly, or by the Executive Branch through the Cabinet Ministersand by at least five percent (5%) of the citizens registered in theelectoral roll, if the Bill is a popular initiative.

A popular initiative shall not be admissible for Bills related tobudgetary, tax, fiscal matters, the approval of loans and contracts oracts of an administrative nature.

Bills of popular initiative must be voted definitively within theperemptory period indicated by law, except those pertaining toconstitutional amendments, which shall follow the process stipulatedin Article 195 of this Constitution.

A law adopted by two-thirds of all the members of the LegislativeAssembly shall regulate the form, requirements and other conditions

that must be fulfilled by Bills of popular initiative. (As amended byclause b) of Article 1 of Law N° 8281, May 28 2002).

ARTICLE 124. In order to become law, every Bill shall be subject totwo debates, each on a different non-consecutive day. It shall obtainthe approval of the Assembly and the sanction of the ExecutiveBranch, and be published in the Official Journal, without prejudiceto the requirements established by this Constitution for specialcases and for those decided by popular initiative and referendum,according to Articles 102, 105, 123 and 129 of this Constitution.Therefore, decisions taken exercising the powers enumerated inclauses 2), 3), 5), 6), 7), 8), 9), 10), 12), 16), 21), 22), 23) and 24) ofArticle 121, as well as the legislative action to convoke a referendum,shall not have the character of laws and shall therefore not requirethe foregoing procedure; these shall be voted at a single session andthen published in the Official Journal (La Gaceta). (The precedingparagraph was amended by clause c) of Article 1 of Law N° 8281,May 28 2002).

The Legislative Assembly may delegate the discussion and passingof Bills to permanent commissions. However, the Assembly may, atany time, suspend the discussion or voting of Bills that have beendelegated.

Delegation is not admissible in the case of Bills concerning electoralmatters, the creation of national taxes or the modification of existingtaxes, the exercise of the powers set forth in clauses 4), 11), 14), 15)and 17) of Article 121 of the Political Constitution, the calling of aConstituent Assembly for any purpose, and a partial amendment tothe Political Constitution.

The Assembly shall appoint permanent commissions with fulllegislative powers, in such a way that their composition shallreflect, on a proportional basis, the number of representatives of theconstituent political parties. Delegation of Bills shall be approvedby a majority of two-thirds of all members of the Assembly and theirwithdrawal by an absolute majority of the Representatives present.

The Rules of Procedure of the Legislative Assembly shall regulatethe number of commissions and other conditions for the delegationand withdrawal of Bills, as well as the procedures to be applied insuch cases.

Legislative approval of contracts, agreements and other acts of anadministrative nature shall not vest in such acts the character oflaws, even if such approval is given through the regular procedurefor the enactment of laws. (As amended by Article 1, Law N° 7347,July 1, 1993).

ARTICLE 125. If the Executive Branch does not approve a Billpassed by theAssembly, it shall veto it and return it with the pertinentobjections. The veto is not admissible for the Bill containing theRegular Budget of the Republic.

ARTICLE 126. Within ten working days counted from the dateon which a Bill passed by the Legislative Assembly is received, theExecutive Branch may object to it as inappropriate or in need ofamendments; in the latter case, the Executive Branch shall proposesuch amendments when returning the Bill. If the Executive Branchdoes not object to a Bill within said term, it shall approve and publish*t.

ARTICLE 127. When a Bill is reconsidered by the Assembly withthe observations of the Executive Branch, if the Assembly rejectsthem and the Bill is again passed by a vote of two-thirds of the totalmembership, it is thereby sanctioned and shall be enforced as a lawof the Republic. If the proposed amendments are adopted, the Billshall be returned to the Executive Branch, which may not refuse tosanction it. If these are rejected, and the Bill is not approved by avote of two-thirds, it shall be filed and may not be considered untilthe next legislative period.

ARTICLE 128. If the veto is based on grounds of unconstitutionalitynot accepted by the Assembly, the latter shall send the Bill to theChamber referred to in Article 10 to decide upon the matter withinthirty calendar days following receipt of the written proceedings.

Any provisions declared to be unconstitutional shall be consideredrejected and the others shall be submitted to the Assembly for theappropriate proceedings. The same shall be done with a Bill passedby the Legislative Assembly, when the Chamber rules that it doesnot contain unconstitutional provisions. (As amended by Law N°7128, August 18, 1989).

ARTICLE 129. Laws are binding and take effect from the datedesignated therein; in the absence of this stipulation, these shall takeeffect ten days after publication in the Official Journal.

No person may claim ignorance of the law, except when authorisedby the law itself.

Waiver of laws in general or any special waiver of laws of publicinterest shall not be valid.

Acts and agreements against prohibitive laws shall be null and void,unless otherwise provided by the law itself.

A law may not be abrogated or repealed except by a subsequentlaw, and its observance shall not be excused on grounds of disuse,custom, or practice to the contrary. The People may abrogate orrepeal a law by means of a referendum, in accordance with Article105 of this Constitution. (The preceding paragraph was amendedby clause d) of Article 1 of Law N° 8281, May 28 2002).

TITLE X

THE EXECUTIVE BRANCH

CHAPTER I

The President and the Vice President of the Republic

ARTICLE 130. The Executive Power is exercised, on behalf of thePeople, by the President of the Republic and the Cabinet Ministersin the capacity of subordinate collaborators.

ARTICLE 131. The requirements to be President or Vice Presidentof the Republic are:

To be Costa Rican by birth and a citizen in the exercise of his1.rights;

To be layperson;2.

To be over thirty years of age.3.

ARTICLE 132. The following may not be elected President or VicePresident:

1. A person who has served as President during any period of timewithin the eight years prior to the term for which the electionis being held, or a Vice President or whoever has replaced him,who has served for the greater part of a constitutional term.

A Vice President who has held this office during the twelve1.months preceding the election, and who, acting as such, mayhave occupied the Presidency for any period during such term;

Any ancestor or descendant by consanguinity or affinity or2.sibling of the person occupying the Presidency of the Republicat the time of the election, or of any person who has held suchoffice for any period during the six months preceding that date;

Anyone who has been a Cabinet Minister during the twelve3.months preceding the date of the election;

Regular Justices of the Supreme Court of Justice, Regular and4.Alternate Justices of the Supreme Electoral Tribunal, the Directorof the Civil Registry, the Directors or Managers of autonomousinstitutions, the Comptroller General of the Republic and theAssistant Comptroller.

This disqualification includes persons who have held said positionswithin the twelve months preceding the date of the elections.

ARTICLE 133. The election for President and Vice Presidents shallbe held on the first Sunday of February of the year in which theseofficials are to be elected.

ARTICLE 134. The presidential term shall be four years. Actionsby public officials and private individuals that violate the principleof alternation in the Presidential office, or of free presidentialsuccession, as set forth in this Constitution, shall be consideredtreason to the Republic. The liability derived from such actions shallnot be subject to any statute of limitations.

ARTICLE 135. There shall be two Vice Presidents of the Republic,who shall replace the President during his permanent absence, inthe order of their nomination. During his temporary absence, thePresident may call upon either Vice President to replace him.

If neither Vice President is able to fill the temporary or permanentabsence of the President, the position shall be held by the Presidentof the Legislative Assembly.

ARTICLE136.ThePresidentand theVicePresidentsof theRepublicshall take office on the eighth day of May; upon completion of theirconstitutional term of office, their functions shall cease.

ARTICLE 137. The President and the Vice Presidents shall takean oath before the Legislative Assembly; if they are unable to takethe oath before the Assembly, they shall do so before the SupremeCourt of Justice.

ARTICLE 138. The President and the Vice Presidents shall beelected simultaneously and by a majority vote that exceeds fortypercent of the total number of validly cast votes.

The candidates for President and Vice Presidents of one party shallappear on a single ticket, with the exclusion of any other official tobe elected.

If none of the tickets attains the required majority, a second popularelection shall be held on the first Sunday of April of the same year

between the two tickets that received the highest number of votes,with the one that obtains the most votes in the second round beingduly elected.

If both tickets obtain an equal number of sufficient votes in anyelection, the oldest candidate shall be elected as President, and theVice Presidents shall be the candidates on the same ticket.

Citizens included in a ticket already registered according to law maynot withdraw their candidacy for President or Vice President, normay candidates of the two tickets that received the highest number ofvotes in a first election refrain from running in the second election.

CHAPTER II

Powers and Duties of the Executive Branch

ARTICLE 139. The following are the exclusive powers and dutiesof the President of the Republic:

To freely appoint and remove Cabinet Ministers;1)

To represent the Nation in acts of an official nature;2)

To be the commander-in-chief of the law enforcement forces;3)

To present to the Legislative Assembly, at the beginning of each4)annual period of sessions, a written message concerning thevarious matters of the Administration and the political situationin the Republic, and also proposing any measures deemedimportant for the proper conduct of the Government and theprogress and well-being of the Nation;

To notify the Legislative Assembly whenever he proposes to5)leave the country and inform it of the reasons for his trip. (Asamended this subsection by Law N° 7674, of June 17, 1997).

ARTICLE 140. The following powers and duties are held jointly bythe President and the appropriate Cabinet Minister:

To freely appoint and remove members of the law enforcement1)agencies, employees and officials who hold positions of trust,and others as determined, in very specific cases, by the CivilService Law;

To appoint and remove, subject to the prior requirements of the2)Civil Service Law, all other employees under its authority;

To sanction, enact, regulate and enforce the laws and ensure3)strict compliance with these;

4) During recess periods of the Legislative Assembly, to order thesuspension of the rights and guarantees to which subsection7) of Article 121 refers, in the same instances and with thesame limitations as established therein, and to report saidaction immediately to the Assembly. A decree of suspensionof guarantees is equivalent, ipso facto, to a summons of theAssembly, which shall meet within the following forty-eighthours. If the Assembly does not confirm the measure by a vote oftwo-thirds of all its members, the guarantees shall be consideredduly restored.

If the Assembly is unable to meet due to lack of quorum, it shalldo so the following day with any number of members. In thiscase, the decree of the Executive Branch must be approved by avote of no less than two-thirds of the attending members;

5) To exercise the initiative in the enactment of laws and the rightof veto;

To maintain order and tranquillity in the Nation; to take such6)measures as may be necessary to safeguard public liberties;

To provide for the collection and expenditure of the national7)revenues according to law;

To oversee the proper operation of administrative services and8)agencies;

To execute and enforce all resolutions and provisions on matters9)within their jurisdiction entered and issued by the Courts ofJustice and electoral organisations, at their request;

To enter into and sign agreements, public treaties and concordats,10)and enact and execute them following their approval by theLegislative Assembly or by a Constituent Assembly, when suchapproval is required by this Constitution.

Protocols derived from such public treaties or internationalagreements that do not require legislative approval shall enterinto force as soon as they are promulgated by the ExecutiveBranch. (As amended by Law N° 4123, May 31, 1968).

To submit to the Legislative Assembly such reports as it may11)request in the exercise of its powers;

To direct the international relations of the Republic;12)

To receive Heads of State and diplomatic representatives and13)admit the Consuls of other nations;

To convoke the Legislative Assembly for regular and14)extraordinary sessions;

To send the National Budget Bill to the Legislative Assembly15)at the time and in accordance with the requirements set forth inthis Constitution;

To dispose of the law enforcement forces to preserve the order,16)defence, and security of the country;

To issue navigation licenses;17)

To issue appropriate Regulations for the internal operation of18)their offices as well as other regulations and ordinances requiredfor the prompt application of the laws;

19) To sign administrative contracts not included in subsection 14)of Article 121 of this Constitution, but with the requirement tosubmit these to the approval of the Legislative Assembly whenthey provide for exemption from taxes or duties, or when theirpurpose is the exploitation of public services or the naturalwealth or resources of the State.

Legislative approval of such contracts does not give thesethe status of laws nor does it exempt them from being undertheir legal administrative regime. The provisions contained inthis subsection are not applicable to the loans or other similaragreements to which subsection 15) of Article 121 refers, whichshall be governed by special rules. (Added by Article 2 of LawN° 5702, June 5, 1975).

20) To fulfil any other duties and exercise any other powers vestedin them by this Constitution and the laws.

CHAPTER III

Cabinet Ministers

ARTICLE 141. Cabinet Ministers shall be appointed as providedby law to attend to matters pertaining to the Executive Branch. OneMinister may be in charge of two or more Ministries.

ARTICLE 142. The requirements to be a Minister are:

To be a citizen in the exercise of his rights;1)

To be a Costa Rican by birth, or by naturalisation with ten years’2)residence in the country after naturalisation;

To be a layperson;3)

To be at least twenty-five years of age.4)

ARTICLE 143. The office of Minister is not compatible with theexercise of any other public position, either by popular election

or otherwise, except when special laws entrust a Minister withadditional duties. The rules, prohibitions and sanctions set forthin Articles 110, 111, and 112 of this Constitution are applicable toMinisters as and when appropriate.

Vice Presidents of the Republic may hold office as Ministers.

ARTICLE 144. Cabinet Ministers shall submit a report to theLegislative Assembly each year, within the first fifteen days ofthe first period of regular sessions, on matters that concern theirMinistries.

ARTICLE 145. Cabinet Ministers may attend sessions of theLegislative Assembly at any time, with the right to speak but not tovote, and are required to do so when ordered by the Assembly.

ARTICLE 146. Decrees, resolutions and orders of the ExecutiveBranch require the signatures of the President of the Republic andthe appropriate Minister in order to be valid, and in addition, in thosecases set forth by this Constitution, the approval of the GovernmentCouncil.

The signature of the President of the Republic shall suffice for theappointment and removal of Ministers.

CHAPTER IV

The Government Council

ARTICLE 147. The Government Council is composed of thePresident of the Republic and the Ministers, being presided over bythe former, with the following duties:

1) To request from the Legislative Assembly a declaration of astate of national defence and authorisation to order militaryrecruitment, organise the army and negotiate peace;

2) To exercise the right of pardon in the manner established bylaw;

3) To appoint and remove the Diplomatic Representatives of theRepublic;

4) To appoint the directors of autonomous institutions when suchappointments are a duty of the Executive Branch;

5) To deal with any other matters submitted by the President ofthe Republic who, if the gravity of any matter so requires, mayinvite other persons to participate in the Council’s deliberationsin an advisory capacity.

CHAPTER V

Responsibility of the Persons Exercising the Executive Power

ARTICLE 148. The President of the Republic shall be accountablefor his exercise of those powers vested exclusively to him under thisConstitution. Each Cabinet Minister shall be jointly accountable withthe President for the exercise of powers that this Constitution vestsin both. Accountability for the acts of the Government Council shallextend to all those who voted to adopt the resolution in question.

ARTICLE 149. The President of the Republic and any CabinetMinister who has been involved in any of the following acts shallalso be held jointly accountable:

1) Acts that in any way compromise the freedom, politicalindependence or territorial integrity of the Republic;

2) Acts that directly or indirectly prevent or hinder popularelections or violate the principles of alternation in the office ofthe Presidency or of free presidential succession, or the freedom,order or purity of suffrage;

3) Acts that prevent or hinder the duties of the LegislativeAssemblyor restrict its freedom and independence;

4) Refusal to publish or execute the laws or any other legislativeacts;

5) Acts that prevent or hinder the functions of the Judicial Branchor restrict the freedom of the Courts to Justice cases submitted totheir decision, or that in any way hinder the functions of electoralbodies or the Municipal Governments;

6) Any other case in which, by action or omission, the ExecutiveBranch violates a specific law.

ARTICLE 150. The liability of the President of the Republic andof Cabinet Ministers for deeds not involving any crime may onlybe claimed while they are in office and for up to four years aftertheir functions have ceased. (As amended by Law N° 8004, June22, 2000).

ARTICLE 151. The President, the Vice Presidents of the Republic,or whoever is occupying the Presidency, may not be prosecuted ortried except when, after impeachment proceedings, the LegislativeAssembly declares that there are grounds for initiating criminalproceedings.

TITLE XI

THE JUDICIAL BRANCH

Sole Chapter

ARTICLE 152. The judicial power is exercised by the SupremeCourt of Justice and by other courts established by law.

ARTICLE 153. In addition to the functions vested in it bythis Constitution, the Judicial Branch shall hear civil, criminal,commercial, labour, and administrative-litigation cases, as well asany others established by law, regardless of their nature or the statusof the persons involved; enter final resolutions thereon and executethe judgments entered, with the assistance of law enforcementforces, if necessary.

ARTICLE 154. The Judicial Branch is subject only to theConstitution and the law, and its decisions on matters within itsjurisdiction impose no responsibilities other than those specificallyset forth in legislation.

ARTICLE 155. No court may hear and rule on cases pending inanother court. Only the courts of the Judicial Branch may requestCourt files ad effectum videndi.

ARTICLE 156. The Supreme Court of Justice is the highest courtof the Judicial Branch, and all courts, officials and employees ofthe Judicial Branch are subordinate to it, without prejudice to anyprovisions contained in this Constitution concerning civil service.

ARTICLE 157. The Supreme Court of Justice shall be composedof the number of Justices deemed necessary for a good service; theyshall be elected by the Legislative Assembly, which shall make upthe various Courts established by law. Any reduction whatsoever inthe number of Justices shall only be determined after compliancewith all the procedures established for partial amendments to thisConstitution. (As amended by Law N° 1749 of June 8, 1954).

ARTICLE 158. The Justices of the Supreme Court of Justice shallbe elected for a period of eight years by a vote of two-thirds of allthe members of the Legislative Assembly. In the performance oftheir duties they must act with efficiency and shall be consideredre-elected for equal periods, unless the Legislative Assembly, by avote of no less than two-thirds of all its members, decides otherwise.Vacancies shall be filled for complete periods of eight years. (Asamended by Law N° 8365, July 15, 2003).

ARTICLE 159. The requirements to be a Justice of the SupremeCourt are:

To be a Costa Rican by birth, or by naturalisation, and having1)resided in the country for no less than ten years after obtainingthe respective naturalisation certificate.

However, the Chief Justice of the Supreme Court shall be a2)Costa Rican by birth;

To be a citizen in the exercise of his rights;3)

To be a layperson;4)

To be over thirty-five years of age;5)

To have a Law degree issued or legally recognised in Costa6)Rica and to have practiced the profession for at least ten years,except in the case of judicial officials with no less than five yearsof judicial experience. (The first paragraph of this section wasamended by Law N° 2026, June 15, 1956).

Before taking office, Justices shall provide an official bond asprovided by law.

ARTICLE 160. No person related to a member of the SupremeCourt of Justice by consanguinity or affinity up to and including thethird degree may be elected as a Justice.

ARTICLE 161. The position of Justice is incompatible withthe holding of office in any other of the Supreme Branch ofGovernment.

ARTICLE 162. The Supreme Court of Justice shall appoint itsChief Justice from the list of Justices who compose it. It shall alsoappoint the presiding Justice of the various chambers in the mannerand for the term established by law. (As amended by Law N° 6769,June 2, 1982).

ARTICLE 163. The election and replacement of Justices of theSupreme Court of Justice shall take place within thirty calendar daysafter the respective period has expired or after the date on whichnotification of a vacancy has been received. (As amended by LawN° 8365, July 15 2003).

ARTICLE 164. The Legislative Assembly shall appoint no less thantwenty-five alternate Justices, selected from a list of fifty candidatessubmitted by the Supreme Court of Justice. Temporary absences ofJustices shall be filled by the Supreme Court, selected by lot from the

list of alternates. If a vacancy arises among the alternate Justices, oneof two candidates proposed by the Supreme Court shall be elected atthe first regular or special session of the Legislative Assembly, afterreceiving notification. The law shall specify the term of office andthe conditions, restrictions, and prohibitions established for regularJustices, which are not applicable to alternates.

ARTICLE 165. Justices of the Supreme Court of Justice maynot be suspended, except upon declaration that there are groundsto institute proceedings or for other reasons established by law inthe chapter concerning disciplinary measures. In the latter case, theSupreme Court of Justice shall adopt a resolution by secret vote ofno less than two-thirds of its members.

ARTICLE 166. With regard to matters not contemplated in thisConstitution, the law shall specify the jurisdiction, number, andterm of the courts, as well as their powers, the principles on whichthey shall base their actions and the manner in which they may beheld accountable.

ARTICLE 167. For the discussion and approval of Bills concerningthe organisation or functioning of the Judicial Branch, the LegislativeAssembly shall consult the Supreme Court of Justice. It shall requirea vote of two-thirds of its members to set aside the opinion of theCourt.

TITLE XII

MUNICIPAL GOVERNMENT

Sole Chapter

ARTICLE 168. For the purposes of Public Administration, thenational territory is divided into provinces. These in turn are dividedinto cantons and the cantons into districts. The law may establishspecial circ*mscriptions.

The Legislative Assembly may decree the creation of new provinces,observing the procedures required for a partial amendment ofthis Constitution, provided that the appropriate proposal has beenpreviously approved by a plebiscite, which the Assembly shall orderto be held in the province or provinces that are to be divided.

The creation of new cantons must be approved by the LegislativeAssembly, by a vote of no less than two-thirds of its members.

ARTICLE 169. The administration of local interests and servicesin each canton shall be entrusted to the Municipal Government,a deliberative body composed of municipal council membersappointed by popular election and an executive officer appointedby law.

ARTICLE 170. Municipal corporations are autonomous. TheOrdinaryBudgetof theRepublic shall allocate toall themunicipalitiesof the country no less than ten percent (10%) of the regular revenuescalculated for the corresponding financial year.

The law shall determine the competencies that shall be transferredfrom the Executive Branch to municipal corporations and thedistribution of the resources allotted.

Transitory provision. - The budget allocation established in Article170 shall be progressive, in the ratio of one point five percent (1.5%)annually, until it reaches a total of ten per cent (10%).

Periodically, in each allocation of the funds established in Article170, the Legislative Assembly shall approve a law indicating thecompetencies to be transferred to municipal corporations. Untilsuch time as the Legislative Assembly approves each of the laws,the municipalities shall not receive the resources corresponding tothat period, as indicated in that same numeral. (As amended by LawN° 8106 of June 3, 2001).ARTICLE 171. Municipal council members shall be elected for aterm of four years and their duties shall be mandatory.

The law shall specify the number of municipal council members andthe manner in which they shall serve.

However, the Municipal Governments of the central cantons ofprovinces shall consist of no less than five regular council membersand a like number of alternates.

Municipal Governments shall be installed on the first day of Mayof the respective year. (As amended by subsection 2 of the singlearticle of Law N° 2741, May 12, 1961).

ARTICLE 172. Each district shall be represented in the municipalityof the respective canton by a regular representative (Síndico) and analternate, entitled to speak but not to vote.

In order to administer the interests of and services in the districts ofthe canton, the municipalities may, in special cases, create municipaldistrict councils, as organs attached to the respective municipalitywith their own functional autonomy, which shall be constitutedfollowing the same popular election procedures used to establish themunicipalities.Aspecial law, approved by two-thirds of the membersof the Legislative Assembly, shall establish the special conditionsunder which these bodies may be created and shall regulate theirstructure, operation and financing. (As amended by Article 1 ofLaw N° 8105, May 31 2001).

ARTICLE 173. Municipal ordinances may be:

Objected to by the official appointed by law, by means of a duly1)reasoned veto;

Appealed by any interested party.2)

In either case, if the Municipal Government does not revoke oramend the ordinance objected to or appealed, the case shall bereferred to such Court of the Judicial Branch as determined by law,for final resolution thereof.

ARTICLE 174. The law shall specify those cases in whichMunicipal Governments require legislative authorisation to sign

loan agreements, encumber their properties or revenues, or disposeof real estate or other property.

ARTICLE 175. Municipal Governments shall draw up their ordinaryand extraordinary budgets. In order to take effect, said budgets mustbe approved by the Office of the Comptroller General, which shalloversee their execution.

TITLE XIII

PUBLIC FINANCES

CHAPTER I

The Budget of the Republic

ARTICLE 176. The ordinary budget of the Republic includes allprobable revenues and all authorised expenditures of the publicadministration throughout the fiscal year. In no case may the amountof budgetary expenditures exceed that of probable revenues.

Municipal Governments and autonomous institutions shall observethe foregoing rules when drawing up their budgets.

The budget of the Republic shall be issued for a period of one year,from the first day of January to the thirty-first day of December.

ARTICLE 177. The Executive Branch shall prepare the ordinarybudget through a specialised department, the head of which shall beappointed by the President of the Republic for a term of six years.This Department shall have authority to reduce or suppress any itemsin the proposed budgets drawn up by the Cabinet Ministers, theLegislativeAssembly, the Supreme Court of Justice and the SupremeElectoral Tribunal. In the event of any conflict, the President of theRepublic shall make the final decision. The expenditures budgetedby the Supreme Electoral Tribunal for electoral purposes cannot beobjected to by the aforesaid Department.

The Judicial Branch shall be allocated no less than six percent ofthe regular income estimated for the fiscal year. However, whenthis amount is greater than the sum required to cover the basicneeds budgeted by that Branch, the aforementioned Departmentshall include the difference as surplus revenue, with a plan foradditional expenditure, so that the Legislative Assembly may takethe appropriate measures.

In order to ensure comprehensive social security coverage and toguarantee full payment by the State of its contributions, both asthe State and as employer, sufficient revenues shall be allocated tothe Costa Rican Social Security Administration, duly calculated tosatisfy the current and future needs of the Institution. If a deficitoccurs as a result of insufficient revenues, the State shall assume thisobligation, for which purpose the Executive Branch shall include inthe next budget the amount considered necessary by said institutionto cover the total of State contributions.

For each fiscal year, the Executive Branch shall prepare the proposedextraordinary budgets in order to invest revenues derived from theuse of public credit or from any other extraordinary source. (Asamended by Law N° 2345, May 20, 1959, and Law N° 2738, May12, 1961).

ARTICLE 178. The Executive Branch shall submit the proposedordinary budget to the Legislative Assembly no later than the firstday of September of each year and the Budget Law shall be finallyenacted before the thirtieth day of November of the same year.

ARTICLE 179. The Assembly may not increase the expendituresbudgeted by the Executive Branch unless it also provides for newrevenues to be collected, upon prior consultation with the Office ofthe Comptroller General of the Republic as to the fiscal effectivenessthereof.

ARTICLE 180. The regular and extraordinary budgets constitutethe limit of the action by Public Powers in the use and disposal ofState funds, and may be amended only by laws proposed by theExecutive Branch.

Any proposed amendment that implies increased or additionalexpenditures shall be subject to the terms of the foregoing article.

However, when the Assembly is in recess, the Executive Branchmay change the intended use of an authorised budget item or openadditional credits, but only to meet urgent or unforeseen necessitiesin the event of war, internal commotion or public calamity. In suchcases, the Office of the Comptroller may not withhold approval ofexpenditures so ordered, and the respective Decree shall imply theconvocation of the Legislative Assembly to special sessions to actupon it.

ARTICLE 181. The Executive Branch shall submit the liquidationof the regular and any extraordinary budgets to the Office of theComptroller no later than the first day of March, following the endof the respective year. The Office of the Comptroller shall submitit to the Assembly, together with its opinion, no later than the nextfirst day of May. The final approval or non approval of the itemscorresponds to the Legislative Assembly.

ARTICLE 182. Public works contracts entered into by theBranches of Government, Municipal Governments and autonomousinstitutions, purchases made with the funds of those entities, andsales or leases of their property shall be carried out by means ofcompetitive bidding processes, in accordance with the provisions oflaw governing the respective sums involved.

CHAPTER II

The Office of the Comptroller General of the Republic

ARTICLE 183. The Office of the Comptroller General of theRepublic is an auxiliary institution of the Legislative Assembly in itssupervision of the Public Finances. However, it has full operationaland administrative independence in the performance of its duties.

A Comptroller and an Assistant Comptroller shall be in charge ofthe Comptroller’s Office. Both officials shall be appointed by the

Legislative Assembly for a term of eight years, two years after thecommencement of a presidential term. They may be re-electedindefinitely, enjoying the immunities and prerogatives of themembers of the Supreme Branches of Government.

The Comptroller and theAssistant Comptroller are accountable to theAssembly for the performance of their duties and may be removedby a vote of no less than two-thirds of its members, if their unfitnessor misconduct is demonstrated in the proceedings conducted for thatpurpose.

ARTICLE 184. The powers and duties of the Comptroller’s Officeare:

1) To supervise the execution and liquidation of the regular andextraordinary budgets of the Republic;

No order of payment against State funds shall be issued unlessthe respective expenditure has been countersigned by theComptroller’s Office; and there shall be no obligation for theState unless it has been so countersigned;

2) To examine and approve or not approve the budgets of theMunicipal Governments and the autonomous institutions, andsupervise their execution and liquidation;

3) To submit an annual report to the Legislative Assembly, atit* first regular session, covering the preceding fiscal year,containing details of the work of the Comptroller and anyopinions or suggestions he may deem necessary to improve theadministration of public funds;

4) To examine, audit and close the accounts of State institutionsand public officials;

5) Any other powers vested in it by this Constitution or the laws.

CHAPTER III

The National Treasury

ARTICLE 185. The National Treasury is the centre of operations forall national revenue offices. This is the only body legally empoweredto pay out funds on behalf of the State and to receive any monies orrevenues that are to be paid into the National Treasury.

ARTICLE 186. The National Treasurer and an Assistant Treasurershall be in charge of the Treasury. Both officials are independentin the performance of their duties, which shall be regulated by law.They are appointed by the Government Council for a term of fouryears, and may be removed only with just cause.

ARTICLE 187. Any expenditure by the National Treasury,not related to the salaries of the permanent staff of the PublicAdministration, duly included in the budget, shall be published inthe Official Journal.

Those expenditures that the Government Council considers shouldnot be published for very special reasons shall be exempted fromthis formality, but in this event, the Legislative Assembly and theComptroller’s Office shall be notified confidentially and withoutdelay.

TITLE XIV

THE AUTONOMOUS INSTITUTIONS

Sole Chapter

ARTICLE 188. The autonomous institutions of the State enjoyadministrative independence and are subject to the law in matters ofgovernment. Their directors are accountable for their administration.(As amended by Law N° 4123, May 31, 1968).

ARTICLE 189. The autonomous institutions are:

The State banks;1)

The State insurance institutions;2)

Those established by this Constitution and any new institutions3)that the Legislative Assembly may create by a vote of no lessthan two-thirds of all its members.

ARTICLE 190. For the discussion and approval of Bills concerningan autonomous institution, the LegislativeAssembly shall previouslyhear the opinion of that entity.

TITLE XV

THE CIVIL SERVICE

Sole Chapter

ARTICLE 191. A civil service statute shall regulate the relationsbetween the State and public employees for the purpose ofguaranteeing an efficient administration.

ARTICLE 192. With the exceptions established in this Constitutionand in the civil service statute, public employees shall be appointedon the basis of proven ability, and may be only be removed forreasons of justified dismissal, as set forth in the labour legislation;or, in the event of a forced reduction in services, due either to lack offunds or in order to improve the organisation of such services.

ARTICLE 193. The President of the Republic, the Cabinet Ministersand the officials responsible for the administration of public fundsare required to declare their assets, which must be duly appraised inaccordance with the law.

TITLE XVI

THE CONSTITUTIONAL OATH

Sole Chapter

ARTICLE 194. As provided in Article 11 of this Constitution,public officials must take the following oath:

“Do you swear before God and promise the Country to observe anddefend the Constitution and the laws of the Republic and to faithfullyfulfil the duties of your office?

Yes, I swear.

If so, may God help you, and if you do not, may He and the Countrycall you to account.”

TITLE XVII

AMENDMENTS TO THE CONSTITUTION

Sole Chapter

ARTICLE 195. The Legislative Assembly may partially amend thisConstitution complying strictly with the following provisions:

A proposal calling for the amendment of one or more articles1)must be submitted to the Legislative Assembly at regularsessions, signed by at least ten representatives or by a minimumof five per cent (5%) of the citizens registered on the electoralroll; (As amended by clause e) of Article 1 of Law N° 8281,May 28, 2002).

The proposal shall be read out three times at intervals of six days,2)to determine whether or not it shall be admitted for discussion;

If admitted, it shall be sent to a commission appointed by absolute3)majority of the Assembly, which must render its opinion within

a period of up to twenty working days;(As amended by Law N°6053, June 15, 1977).

Once the opinion has been submitted, the proposal shall be4)discussed in accordance with the procedure established for theenactment of laws; said amendment shall be approved by a voteof no less than two-thirds of the members of the Assembly;

Once the amendment has been accepted, a commission of the5)Assembly shall prepare the respective Bill, an absolute majoritybeing sufficient for its approval;

Said Bill shall be sent to the Executive Branch, which in turn6)shall send it to the Legislative Assembly with the PresidentialMessage at the start of the next regular legislative period, withhis observations, or his recommendation;

The Legislative Assembly, at its first sessions, shall discuss7)the Bill in three debates. If it is approved by a vote of no lessthan two-thirds of all its members, it shall become part of theConstitution and shall be conveyed to the Executive Branch forits publication and observance.

In accordance withArticle 105 of this Constitution, constitutional8)amendments may be subject to referendum after being approvedin one legislature, and before the next, if so agreed by two-thirdsof all the members of the Legislative Assembly.

(The foregoing clause was added by clause b) of Article 2 of Law N°8281, May 28, 2002).

ARTICLE 196. A general amendment of this Constitution can onlybe made by a Constituent Assembly called for the purpose. A law toconvene such an Assembly shall be passed by a vote of no less thantwo-thirds of the total membership of the Legislative Assembly anddoes not require the approval of the Executive Branch. (As amendedby Law N° 4123, May 31, 1968).

TITLE XVIII

FINAL PROVISIONS

Sole Chapter

ARTICLE 197. This Constitution shall enter into force on theeighth day of November, 1949, and repeals all others. The existinglegal system shall continue in force unless amended or repealed bythe competent organs of Government or as long as is not expresslyor implicitly repealed by the present Constitution.

TRANSITORY PROVISIONS

ARTICLE 13. - I (Repealed by subsection 1, sole article of Law N°2741, May 12, 1961).

ARTICLE 85. - II (Repealed by subsection 1, sole article of Law N°2741, May 12, 1961).

ARTICLE 98. - III (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 101. - IV (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 104. - V (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 106. - VI (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 116. - VIII. The Legislative Assembly members electedat the elections to be held in October, nineteen hundred and forty-nine, called for the purpose by the Supreme Electoral Tribunal, shalltake office on the eighth day of November of said year, ceasingto perform their duties as such on the thirty-first day of October,nineteen hundred and fifty-three. The President of the Republic, the

Vice Presidents and the Legislative Assembly members to be electedat the elections of nineteen hundred and fifty-three, the date of whichshall be fixed in due course by the Supreme Electoral Tribunal,shall hold office for four and a half years, that is: the President andVice presidents from the eighth day of November of that year tothe eighth day of May, nineteen hundred and fifty-eight, and theLegislative Assembly members from the first day of November,nineteen hundred and fifty-three to the thirtieth day ofApril, nineteenhundred and fifty-eight, in order that thereafter the Presidential Termmay start on the eighth day of May, the Legislative Assembly maybe installed on the first of that month, and the elections for Presidentand Legislative Assembly members may be held in February of thesame year.

ARTICLE 132. - VIII (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 138. - IX (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 140. - X (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 141. - XI (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 156. - XII (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 158. - XIII (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 159 - XIV (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 162. - XV (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 171. - XVI (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

ARTICLE 173. - XVII (Repealed by subsection 1, sole article ofLaw N° 2741, May 12, 1961).

ARTICLE 177, third paragraph) The Costa Rican Social SecuritySystem shall achieve a comprehensive coverage of the various typesof Social Security benefits for which it is responsible, includingfamily protection under the health and maternity plan, within aperiod not exceeding ten years, counted from the date of enactmentof this constitutional amendment. (As amended by N° Law 2738,May 12, 1961).

ARTICLE 178. - XVIII (Repealed by subsection 1, sole article ofLaw N° 2741, May 12, 1961).

ARTICLE 183. - XIX (Repealed by subsection 1, sole article of LawN° 2741, May 12, 1961).

Done in the Hall of Sessions of the National Assembly .- PalacioNacional .- San José, on the seventh day of November, nineteenhundred and forty-nine.

José Maria Vargas

President,

Marcial Prodriguez Conejo

First Vice President,

Edmundo Montealegre Echeverría

Second Vice President,

Fernando Vargas Fernandez

First Secretary,

Gonzalo Ortiz Martin

Second Secretary

Enrique Montiel Gutierrez

First Pro Secretary,

Vicente Desanti León

Second Pro Secretary