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ePaper created 2015-11-10, 17:27:36 | version 1.33.00
REDACTED Page 84 of 190 current structure of the state as established under the Chávez Presidency is incompatible with the basic requirements of the principle of separation of powers which is in practice disregarded in favour of centralization of power to the executive. The Judiciary, Legislative, Citizen Power and Electoral branches do not enjoy independence under the current organization of the state. These branches of the state are de jure or de facto under the Presidency’s control as will be demonstrated below. b)The Executive The Executive346 branch dominates the other branches of government and is vested in the elected President of the Republic, the Executive Vice-President (appointed by the President) and the Ministers. Under the 1999 constitution, the President is both head of government and chief of state and as such is in charge of the general administration of the country and the protection of the National State interests. The President is also the Commander-in-Chief of the National Army Forces. The President can independently issue decrees (decretos), the Ministers may issue resolutions (“resoluciones”) regarding specific topics of their competence and the Council of Ministers can issue specific decisions with the approval of the Presidency. There are 29 Ministries in Venezuela, all of which are presided by one Minister appointed by the President347 and who acts as “direct organs” of the President.348 The Ministers constitute the Council of Ministers and are members of the cabinet in charge of Ministries349 who endorse, authenticate and implement certain presidential actions. As such their position is simultaneously administrative and political and acting as a collegiate body through the Council of Ministers they set national policy in all areas of governmental activity. The President decides about the size and composition of the Council of Ministers and appoints the Ministers.350 Figure 1: President’s de jure control over the Executive 346 See: VENEZUELA. Constitution of Venezuela. Title V, Chapter II. 347 VENEZUELA. Constitution of Venezuela. Article 236. 348 VENEZUELA. Constitution of Venezuela. Article 242 349 These are the 29 Ministries of Venezuela: Governance Monitoring; Interior, Justice & Peace; Foreign Affairs; Planning; Economy & Finances; Defense; Commerce; Industry; Tourism; Agriculture & Lands; Higher Education, Science and Technology; Education; Health; Labor & Social Security; Ground Transportation; Air & Water Transportation; Housing Affairs; Ecosocialism, Natural Resources and Water; Petroleum and Mining Affairs; Communications & Information; Social Movements, Social Protection and Communes; Nutrition; Culture; Sports; Indigenous Peoples; Women's and Gender Affairs; Electrical Energy; Youth; Prisons and Penological Services. 350 VENEZUELA. Constitution of Venezuela. Article 236.