"Based on the constitutional provisions invoked and enconsideración of structural poverty that still live an important part of the Venezuelan people, exacerbated porlo devastating effects of climate change, ambosfenómenos caused by the irrationality of sistemacapitalista, whose consequences on the conditions Life of humans living in areas historically popularesexcluidos the system of domination, hemosevidenciado with pain in recent weeks, the balance detreinta-eight (38) compatriots killed, one hundred thirty-two thousand human beings (132,000) comprising thirty-threemilfamilias (33,000) homeless and refugees in novecientoscincuenta and (951) enabled by the gobiernorevolucionario shelters to provide accommodation and food services saludy, thirty-five (35) bridges collapsed ydoscientas sixty-four affected roads (264), three (3) potable water reservoirs destroyed and about forty-six thousand (46,000) hectares of crops lost, among other gravesdaños to date.
Although awareness and organization of people and organized and effective eldespliegue his government and his Bolivarian National Armed Forces have failed to address lasituación, urges generate a specific legal framework to expedite ydinamice policies and actions, which for ten harealizado years the Venezuelan government, aiming to garantizarsoluciones appropriate to the serious social problems arising from the impact yeconómica the economíacapitalista crisis, with the co-responsible action between ELESTA and people preceptoscontenidos organized according to the Constitution of the Bolivarian Republic deVenezuela.
Faced with this situation requires the deepening of procesosocial that, facing the common good and the good life, takes place in Venezuela, validated successively, formademocrática and free, and it is essential to deal with a difíciletapa in which, at the same time that thetransformations accentuate structural Disable ALL carried out in fields of national life, can be overcome celeridadlas generated by the unique problems and social condicionesambientales coyuntura.Para it is urgent to give the President of the Republic in his capacity as the governing authorityHead of State, delreferido and complex process, both in structural comocoyuntural of a legal instrument that allows for formaexpedita, promote the practical effect of principiosconstitucionales to be expressed in achieving short and medianoplazo of solutions aimed at building a leprocure good life that the greatest sum of happiness possible to pueblovenezolano, as our Liberator Simon Bolivar dreamed of, an objective which is only possible in the framework of a socialist society construcciónde.
The consolidation of the project approved by the poderconstituyente, after several consultative and deliberative democratic nature profundamentepopular, is the idea that guides this stage, and justifies laurgente need to pass an Enabling Law that authorizes alPresidente of the Republic to issue decree contentivo deactos to rank, value and force of law, aimed at instrumentarel transformation process, encouraging losdistintos practice in areas of public life, so that principles involved are permanent and constantly elevated to lacategoría of daily actions, embodied in realidadesconcretas for good living human collective queconstituye the Venezuelan nation.
Democratic state-building and Social Justice Yde law, the guarantor of good living and full participation of the Venezuelan people in the decision areas of the public, requires a great deal of territorial transformation, social, political and economic, which isThe purpose of the request for legislative estadelegación.
The measures of a territorial, political, social yeconómicas that through this Act are taken, will be framed in the following areas:
1. In the field of systematic and continuous attention to the vital and urgent human needs resulting from poor social conditions and rainfall, landslides, floods and other events produced by environmental problems.
2. In the field of infrastructure, transportation and utilities.
3. In the field of housing and habitat.
4. In the field of spatial planning, comprehensive development and use of urban and rural land.
5. In the financial sector and tax.
6. In the field of public safety and legal.
7. In the field of comprehensive security and defense.
8. In the field of international cooperation.
9. In the field of socio-economic system of the Nation.
For all these reasons, arising from the mandatory requirements set by existing social needs yagravadas raised by environmental events, is that the legislature hacenecesario boost from its respectivascompetencias and responsibilities, the approval of the LeyHabilitante which is presented below.
THE NATIONAL ASSEMBLY OF THE REPUBLIC OF VENEZUELA DECREES
The following
AN ACT AUTHORIZING THE PRESIDENT OF THE REPÚBLICAPARA issue decrees with RANGE, VALUE AND THE LAW FUERZADE Delegated Matters
Article 1. Authorizing the President of the Republic, in Council of Ministers issued Decree with Rank, Value yFuerza of Law, in accordance with the guidelines, ymarco purposes of matters delegated to this Act, COMPLIANCE with the last paragraph of article numeral8 203 and Article 236 of the Constitution of Venezuela RepúblicaBolivariana and therefore:
1. In the field of systematic and continuous attention wings vital and urgent human needs derivadasde poor social conditions and rainfall, landslides, floods and other environmental problems producidospor:
a) establish rules governing the ways to proceed deautoridades public or private entities, antecalamidades, emergencies, disasters or other hechosnaturales requiring immediate measures yatención response to human needs vitales.Las rules promote popular participation in laejecución of measures to attend losciudadanos or citizens in a state of calamity, guaranteeing comprehensive restoration of basic lascondiciones that contribute to good living.
b) establish rules governing the establishment and effective implementation of prevention yseguimiento conditions in areas declared emergency, calamity or high infortuniosproducto affected by events or forces of nature. Also introduce a special regime lasnormas management administration and declared areas.
c) To establish measures to develop a fair, just, democratic and participatory rights of the Venezuelan family for living.
2. In the field of infrastructure, transport and services
public:
a) issue or amend rules governing the actions of the bodies and State agencies and private law, in carrying out infrastructure works, such as urban development, services, educational and health buildings, roads, ports, airports and optimization of land transport systems, rail, sea, river and air, regulating the provision of public services in general.
b) To enact and amend regulatory rules in the telecommunications and information technology, the
public communications mechanisms, electronics and telematics.
3. In the field of housing and habitat: Issue or amend rules governing the conduct of losórganos and State agencies and private law, in housing, establishing dispositivosdestinados to ensure the right to adequate housing, safe, convenient, hygiene, basic services, including a habitat esencialesque to humanize relacionesfamiliares, neighborhood and community, and allow access to economic lasfamilias through yfinanciamiento contributions both public and private, to laconstrucción, expansion, remodeling and acquisition deviviendas and equipment, raising the standard of living and collective elbienestar.
4. In the field of spatial planning, desarrollointegral and urban land use and rural:
a) issue or amend rules to design the country's geographical regionalization unanueva with finalidadde reduce high levels of concentration demográficaen some regions, regular nuevascomunidades creating and shaping the communities in losdistintos areas of the country, attending lasrealidades of eachsuscaracterísticas geographical and political, social, economic, demographic, natural, ecological, and cultural rights, fostering social development, economic and ruralintegral and especially in the care of the territories ladefinición and pueblosindígenas habitat.
b) To establish measures to establish a adecuadaordenación the social use of urban and rural land that could be developed with essential serviciosbásicos humanize relacionescomunitarias habitat.
5. On the financial and tax:
a) issue or amend rules to bring the public and private financial system to constitutional principles and, therefore, to modernize the regulatory framework for sector taxation, tax, monetary, credit, stock market, banking and insurance .
b) issue or amend rules for the creation of fonts and special funds to address natural and social contingencies and subsequent reconstruction and transformation policies.
6. In the field of public and legal security:
Make or amend rules for the organization and operation of public safety, of the police and civil protection, provide effective, efficient, transparent and technologically capable and safe citizen identification and migration control, and the fight against impunity, and to establish regulations providing for sanctions to be imposed in case of commission of offenses and procedures designed to realize the legal certainty.
7. In the field of comprehensive security and defense:
Make or amend rules establishing the organization and functioning of institutions and issues related to safety and overall defense of the Nation, to develop the rules governing the Bolivarian National Armed Forces and the civil protection system, as it pertains todiscipline and military career, all concerning the matter of arms and related items, regulation and supervision, and to ensure and develop comprehensive care to the borders.
8. In the field of international cooperation:
Make or amend rules and tools to strengthen international relations of the Republic, Latin American and Caribbean integration, solidarity among peoples in the struggle for human welfare, and legal instruments to approve treaties and international agreementsso require, and also authorize the National Executive to hold public interest contracts and those contracts and agreements of bilateral or multilateral basis for the care of the strategic sectors for the development of the nation and care for consequences of calamities and disasters through international funding, all within the framework of sovereignty and the interests of the Venezuelan people.
9. In the field of socio-economic system of the Nation:
Make or amend rules to develop the rights enshrined in Title VI of the Constitution of the Bolivarian Republic of Venezuela, to eradicate inequalities between citizens arising from speculation, usury, the accumulation of capital, monopolies, oligopolies and estates and to create conditions for equal access to national wealth, and building good people live in urban, rural and indigenous communities through cultural policy, environmental, industrial, mining, tourism, food, agriculture, health, education and employment in order to achieve the ideals of social justice and economic independence and the greatest happiness
possible social.
Article 2. In the case of a Decree with Force of Law, which the President would give organic nature and is not described as such by the Constitution, must be submitted before publication in the Official Gazette Bolivarian Republic of Venezuela, Constitutional Chamber of the Supreme Court, for the purposes of this rule on the constitutionality of such, in accordance with Article 203 of the Constitution of the Bolivarian Republic of Venezuela.
Article 3. Enabling the President to issue decrees with Rank, Value and Force of Law in matters that are delegated shall have a duration period of twelve (12) months to exercise, starting from the publication of this Law in Official Gazette of the Bolivarian Republic of Venezuela.
Article 4. This Law shall enter into force upon its publication in the Official Gazette of the Bolivarian Republic of Venezuela.
Given, signed and sealed, in the Federal Legislative Palace, seat of the National Assembly in Caracas, on the ______ day of December two thousand and ten. Year of Independence 200 º and 151 º of the Federation.
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