Mexico 1917 Constitution (reviewed 2015) - Page 10 of 15

Table of Contents

TITLE FIVE. Mexican States and the Federal District

Article 115

The states comprising the United Mexican States shall adopt a republican, representative, democratic, secular and popular form of government for their own organization. The states shall be divided into municipalities, which shall be the basis of the political and administrative organization according to the following criteria:

Each municipality shall be governed by Municipal Council, which shall be composed of one Mayor and the number of councilors and community representatives established by law. This Constitution grants the governing powers to the Municipal Council exclusively and there shall not be an intermediate authority between the Municipal Council and the local governments.The local constitutions shall establish the consecutive election for the same office to the Presidents of the Municipal Councils, councilors and community representatives for an additional term in office whenever the term in office does not exceeds three years. These candidates shall only be nominated by the same party or coalition party that nominated them to their first term in office, unless they had resigned or lost their membership before the first half of their term in office.
State legislatures, by resolution of the two-thirds of their members, can suspend a Municipal Council, eliminate it or suspend or revoke the powers of any of its members due to a serious cause mentioned by law, provided that the members of the Municipal Council have had sufficient opportunity to submit evidence and provide arguments that to their consideration may be useful.

Substitutes shall be appointed to the vacant positions, according to the procedures described by the law.
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In the event that the state legislature eliminates a Municipal Council, or in the event of resignation or absolute absence of the majority of its members, when the law does not allow the substitutes to finish the term nor to call elections, the state legislature shall appoint some inhabitants to make up a city board, which shall finish the term. The law shall establish the number of members for such city board. The members of the city board shall meet the same requirements than the councilors.
Municipalities shall be vested with legal status and shall manage their own assets in accordance with the law.The State legislatures shall enact laws to empower Municipal Councils so they can approve and issue statutory laws, regulations and administrative rulings within their respective jurisdictions. The Municipal Councils shall have the powers to organize the municipal public administration and to regulate public procedures, functions, affairs and services and to encourage citizen participation.
The purpose of such laws shall be to define:
1. The general basis of the municipal public administration and the administrative procedures, including legal challenges and the bodies that shall resolve the controversies that could arise between the municipal government and private individuals, observing the principles of equality, open trial, hearing and legality.
2. The cases where the consent of the two-thirds of the Municipal Council members is required to pronounce rulings affecting the Municipal Council’s assets, or to approve agreements or acts for a period longer than the term of the Municipal Council in question.
3. The norms to be applied to the agreements mentioned in the items III and IV of this article and in the second paragraph of the item VII of Article 116 of this Constitution.
4. The procedure to be followed by the state government in order to take charge of a local function or service due to the lack of a service provision agreement and by consideration of the legislature that the municipal government is not able to provide the service. In this case, it shall be necessary a previous request from the Municipal Council in question, approved by at least the two-thirds of its members.
5. The provisions to be applied in those municipalities where there are not ordinances or statutory laws.
State legislatures shall establish the procedures to be followed in order to resolve conflicts that may arise between the municipal councils and the state government, or between two or more municipal councils, caused by the acts mentioned in the previous paragraphs “c” and “d”.
City Councils shall be in charge of the following functions and public services:
1. Drinking water, drainage, sewerage system, treatment and disposal of sewage.
2. Street lighting.
3. Garbage cleaning, collection, transport, treatment and final disposal.
4. Municipal markets and wholesale markets.
5. Cemeteries.
6. Slaughterhouse.
7. Streets, parks and gardens, as well as their equipment.
8. Public security, according to the provisions established by the Article 21 of this Constitution, as well as preventive and transit police.
9. Other affairs determined by the state legislature, depending on the territorial, social and economic conditions of the municipality and on the administrative and financial resources of the Municipal Council.
The Municipal Councils, prior agreement of their councils, can coordinate their activities and collaborate to improve public services and their functions. For this purpose, the approval of the state legislature is necessary. When two or more Municipal Councils belonging to different states want to collaborate, the approval of their respective state legislature is necessary. Likewise, a Municipal Council and the respective state can make and execute agreements to authorize the state to temporarily take charge of one or some public services, directly or through the appropriate body, or when the municipality and the state agree to provide public services in a coordinated manner.

Indigenous communities belonging to the same municipality can also coordinate their activities and collaborate according to the law and for the purposes indicated thereof.
Municipal Councils shall freely manage their properties and assets, which shall be composed of the yields generated by their properties, as well as of the taxes and other revenues authorized by the state legislatures. Municipal Council’s assets shall include:
1. Property tax and taxes on breaking up, division, consolidation, improvement and transfer of property, as well as any others that result from a change in the value of real estate.City Councils can make and execute agreements with the state to authorize the state government to take charge of some functions regarding to management of local taxes.
2. Federal contributions authorized annually by the state legislature, specifying conditions, amounts and terms.
3. Revenue generated by provision of public services.Federal laws shall not restrict the power of the state legislatures to fix the taxes and prices of the public services mentioned in the previous paragraphs “a” and “c”. Federal laws shall not grant tax exemptions thereof. State laws shall not grant tax exemptions or allowances to the benefit of any person or institution. Only the properties belonging to the federal, state and municipal governments shall be exempt from taxes, provided that they are not used by semipublic or private entities for purposes different to those defined as public purpose.
  Municipal Councils shall submit to the state legislature their proposal for tolls, charges, rates, taxes and the table of property value, which serve as basis to fix the property tax.
  
  State legislatures shall approve the revenue law for the Municipal Councils, and shall review their public accounts. The Municipal Council, based on the available revenue, shall approve the expense budget and it shall include detail information about the salaries of the municipal public servants, according to that established in the Article 127 of this Constitution.
  
  The resources constituting the municipal treasury shall be applied directly by the Municipal Council or by whomever it authorizes, according to the law.
In accordance with the terms provided by the applicable federal and state laws, the Municipal Councils shall have power to:
1. Plan, approve and manage urbanization and urban development.
2. Participate in the creation and administration of its own territorial reserves.
3. Participate in regional development planning, according to the general plans. Federal and state governments shall invite Municipal Councils to participate in regional development planning.
4. Authorize, control and supervise land use within their territory and jurisdiction.
5. Intervene in regularization of urban land tenure.
6. Grant construction permits.
7. Participate in creation and administration of nature reserves and in development and application of rules on this topic.
8. Intervene in development and implementation of public transportation programs, provided that such programs affect the City Council’s territory.
9. Make and execute agreements to manage and protect federal zones.
The Municipal Councils shall have power to issue administrative regulations and provisions necessary for the performance of their duties, where applicable and according to the purposes established in the third paragraph of the Article 27 of this Constitution.
When two or more urban settlements located in two or more different municipalities or states tend to form one single urban settlement, then the federal, state and municipal governments involved shall collaborate to plan and regulate the development of such urban settlement, observing the applicable federal law.
Preventive police shall be under the Mayor’s command, according to the terms established by the State Public Security Act. Municipal police shall obey the orders given by the Governor in extreme cases or serious disturbances of public order.The President of the Republic shall have command of public force in the place where he resides regularly or temporarily.
State laws shall introduce the principle of proportional representation in the election of the Municipal Council members in all municipalities.Labor relations between the Municipal Council and its employees shall be guided by the applicable state laws in accordance with the Article 123 of this Constitution and its statutory provisions.
(Repealed by the decree published on March 17, 1987)
(Repealed by the decree published on March 17, 1987)

Article 116

Public power of a state shall be divided into three branches: executive, legislative and judicial. Two or more of these powers cannot be united in one single person or corporation, nor shall the legislative branch be vested in one single person.

Public powers of a state shall be subjected to the state constitution, according to the following provisions:

State Governors shall not hold the office for more than a six-year term.Governors and state representatives for the Local Congress shall be elected by direct vote in accordance with the provisions established in the applicable electoral law.
State Governors elected by popular vote, in ordinary or extraordinary elections, cannot have another term in office by any motive, not even as interim, provisional or substitute.

The following public servants may never be elected for the immediate subsequent term:
1. The substitute of a governor or the person appointed to finish the term due to the absolute absence of the incumbent constitutional governor, even if the position has a different name.
2. The interim governor, the provisional governor or the person appointed to substitute the governor during temporary absences, whenever this takes place during the last two years of the governor’s term.
To become State Governor, a person shall: a) be a Mexican citizen by birth, b) be a native of the respective state or live in such state for no less than five years immediately before the day of the election, and c) be at least 30 years old the day of the election. The state constitution can establish a younger age for the governor.
The quantity of representatives in the state congress shall be proportional to the number of inhabitants. The minimum quantity of representatives shall be seven, even if the state has a population of less than 400 000 inhabitants. The states with a population between 400,000 and 800,000 inhabitants shall have at least of nine representatives. The states having a population of more than 800,000 inhabitants shall have a minimum of 11 representatives.The state constitutions shall establish the consecutive election for representatives of the Local Congress up to four consecutive periods. For this matter, the candidate shall only be nominated by the same party or any coalition party that nominated him/her for the first term in office; unless, he/she had resigned or lost its membership before the first half of their tenure.
The local Congress shall be formed with elected deputies according to the principles of relative majority and proportional representation in the terms established by law. In no case a political party may have a number of deputies, by both relative majority and proportional representation principles, that exceeds, in percentage of the total legislature, by eight points its percentage of votes obtained in the election. This principle shall not be applied to the political party that by its triumphs in uninominal districts gets a percentage of representatives from the total legislature larger than the addition of its percentage of votes obtained in the election plus eight percentage points. Likewise, the minimum percentage of representation of a political party shall not be less than the percentage of voted obtained in the election minus eight percentage points.

The state legislature shall approve the corresponding annual expense budget. Salaries for the public servants shall observe the provisions established in the Article 127 of this Constitution.

The state legislative, executive and judicial branches, as well as the autonomous entities recognized by the state constitution, shall include in their proposal for expenses budget the detailed information about salaries for their employees. These proposals shall follow the procedures provided by the state constitution and the applicable state laws.

State legislatures shall have a Local Auditing Office, which shall be granted with technical and managerial autonomy, as well as autonomy to decide about its internal organization, functioning and rulings according to the law. The auditing function shall be exercised according to the principles of legality, impartiality and reliability. This office shall audit the State and Municipal management of funds, local resources and public debt. The reports of the Local Auditing Office shall be public.

The head of the Local Auditing Office shall be appointed by the two-thirds of the members present in the House of Representatives of the state. The head of the Local Auditing Office will remain in office for a period of no less than seven years. The elected official will be required to have five years experience in matters of control, financial auditing and liabilities.

The public account of the previous years shall be sent to the State Legislature before April 30th of the current year. This time limit may only be postponed upon a justified request issued by the Governor and after consideration of the Legislature.

The State Legislature will regulate the terms for the citizens to submit legislative bills before the respective Congress.
The local judicial power shall be exercised by the courts established by the corresponding state constitution.The magistrates and judges shall be granted with independence in the performance of their duties by the state constitutions and the local organic laws of the respective state. These laws shall establish the requirements for admission, training and continuity of those employees of the state judicial branch.
Local magistrates shall meet the requirements established in sections I to V of the Article 95 of this Constitution. Persons that during the previous year to the day of the appointment have held the office of Secretary or equivalent, local Attorney General or local representative of the Congress may not be magistrate.

Magistrates and judges appointed shall preferably be persons who have served efficiently and honestly in the judiciary, or who deserve the position because of their honorability, abilities and previous performance in the legal career.

Magistrates shall hold the office during the period of time specified in the local constitution, they may be reelected and they also may be removed from office only according to the state constitution and to the States’ Public Service Accountability Act.

Magistrates and judges shall receive an adequate remuneration, which is non-negotiable and may not be reduced during their term in office.
According to the norms stated in this Constitution and the general laws in this matter, state constitutions and local electoral laws shall guarantee that:
1. Elections of governors, members of the local legislatures and members of the Municipal Councils are carried out through the universal, free, secret and direct suffrage, and that the elections take place the first Sunday of June of the respective year. This provision shall not be applicable to the states where local elections take place the same year than federal elections, but not the same day.
2. The principles of certainty, impartiality, independence, legality, objectivity and maximum publicity shall govern the work of the electoral authorities.
3. The authorities in charge of organizing elections and the jurisdictional authorities that resolve electoral disputes are autonomous in the exercise of their functions and are granted with independence to make their decisions according to the following statements:
  1. The local electoral public organs shall have a directive council formed with a President of the Council, and six electoral councilors granted with voice and vote plus an executive secretary and representative of the political parties that shall only be granted with voice before the Council. Each political party shall be granted with a representative in the council.
  2. The President of the Council and the Electoral Councilors shall be appointed by the general Council of the National Electoral Institute according to the terms provided by law. The local electoral counselors shall be from the state they will serve as councilor or shall have at least five years of residence in the state previous to the date of the appointment. The counselors shall fulfill the requirements and the profile suitable to the position. In case that a vacancy of electoral counselors happens, the General Council of the National Electoral Institute shall make the corresponding appointment in the terms described by law and by this article. If the vacancy happens during the first four years of their term in office than a substitute shall be appointed to continue the term. If the vacancy happens during the last three years of the term in office then an electoral councilor shall be appointed for a new term in office.
  3. The local electoral councilors shall remain in office for a seven-year period and shall not be reelected. They shall receive a salary in accordance to their functions and may be removed by the General Council of the National Electoral Institute according to the serious reasons stated by law.
  4. The local electoral councilors and other public servants specified by law shall not hold other office or have another employment or commission except of those unpaid activities such as research, cultural, academic, scientific and altruistic activities. They shall not accept a public office in the organs in which the local electoral public organ was involved to elect their officials or representatives, and they shall not be nominated to run for a public office or hold a position in the party leadership during the next two years after finishing their term as electoral councilors.
  5. The corresponding jurisdictional electoral authorities shall be composed by an odd number of magistrates that shall be elected by two thirds of the present members of the Senate with prior public call in the terms specified by law.
  6. The local electoral public organs shall have public servants granted with public trust for the electoral acts and whose attributions and functions law shall define.
  7. The challenges to the acts in regard to the local electoral process done by the National Electoral Institute, according to the part V of the Article 41 of this Constitution, shall be resolved by the Electoral Court of the Judicial Branch of the Federation according to the law.
4. The administrative electoral authorities have the power to make and execute an agreement with the National Electoral Institute, so that this last entity organizes local elections.
5. The political parties are composed of citizens only, without intervention of labor unions or other organizations, and that political parties are not affiliated to a corporation. State constitutions and state electoral laws shall also guarantee that the political parties have the right to register candidates for popular elections, except for the provisions of Article 2, section A, paragraphs III and VII, of this Constitution.
6. Electoral authorities shall intervene in the internal affairs of the parties only according to the provisions established by the electoral laws.The local political party that does not obtain, at least, the three percent of the total effective votes casted in any of the elections for the renewal of the Executive Power or the local Congress will lose its registry. These norms shall not apply to the national political parties that participate in local elections.
7. The political parties shall receive public funding, in a fair manner, for their permanent ordinary activities and their electoral activities. State constitutions and state electoral laws shall also establish procedures to settle political parties that lose registration and shall decide over their properties and balances.
8. The definition of the criteria for the expenditure limits made by the political parties during the run-ups and campaigns, as well as to the contributions made by sympathizers and militants.
9. The political parties shall have access to airtime in radio and television, according to the rules established in the Article 41, section III, part B of this Constitution.
10. Establish the rules for the run-up and electoral campaigns, as well as the appropriate penalties to offenders. In every case, the duration of the campaigns shall be between sixty and ninety day for the Governor election and thirty to sixty days only when there are elections for local congress and Municipal Councils. The run-ups shall last no longer than two-thirds of the campaign term respectively.
11. Establish the regulation that applies to the nomination, registry, rights and obligations of the independent candidates guaranteeing their access to public financing and airtime in radio and television according to the terms established by this Constitution and the corresponding laws.
12. Establish a system of legal means of challenge to guarantee legality of the electoral acts and rulings. Define the postulates and rules to do the partial or total vote recount in regard to administrative and jurisdictional matters.
13. Specify the causes to annul elections for governors, for state representatives and for members of the Municipal Councils; as well as, the terms to file legal challenges and appeals, taking into account the principle of definitiveness in setting the stages of electoral processes.
14. At least one local election shall be held on the same date that any of the federal elections is held.
15. Specify and typify the electoral crimes and the penalties imposed for each one of them.
16. Establish the grounds and requisites for the citizenry to request their registration as independent candidates to be elected to any post subject to popular vote, in accordance with Article 35 of this Constitution.
The constitutions and laws of the states may grant full autonomy to the Administrative Justice Courts to issue their resolutions, establish their internal organization, their functioning and procedures and in the case, the procedures against their resolutions. The Courts shall resolve the controversies between the local and municipal public administration and between private parties. According to the respective laws, the Courts shall impose the respective sanctions to the local or municipal public servants for severe infringements to their administrative duties and to the individuals that participate in severe administrative infringements, as well as to establish the respective compensations or pecuniary sanctions that result from the damages to the Municipal or Local Treasuries or to the resources of local or municipal entities.The investigation and substantiation and punishment of the administrative responsibilities of the members of the local judicial branch shall be according to the provisions of the respective local constitution, without diminishing the responsibilities of the Auditing Office about the management, safe-keeping and use of public resources.
Labor relations between the state government and its employees shall be regulated by the laws enacted by the state legislature, based on the Article 123 of this Constitution and on its statutory regulations.
Federal government and state governments can agree transfer among them of some functions, provision of public services or implementation of infrastructure and works, whenever it is necessary for the economic and social development of the country.State government and Municipalities can execute such agreements to provide public services or perform functions mentioned in the previous paragraph.
The local constitutions shall establish specialized, impartial, collegiate and autonomous entities responsible for guarantee the right of access to information and the protection of personal data held by obligors [sujetos obligados], following the principles and fundamentals established in the 6th Article of this Constitution and the general basis, principles and procedures to exercise these rights stated by the general laws issued by the Mexican Congress.
The State Constitutions shall guarantee that the justice administration functions are based on the principles of autonomy, efficiency, impartiality, legality, objectivity, professionalism, responsibility and respect to human rights.

Article 117

In no case shall the states:

Conclude alliances or coalitions, or make treaties with any other state or foreign government.
(Repealed by the decree published on October 21, 1966)
Mint money or issue money, stamps or stamped paper.
Levy a road tax on the persons or goods that pass through their territory.
Impede, directly or indirectly, the entrance or exit of domestic or foreign merchandises, or levy a tax on them.
Levy a tax on circulation and consumption of domestic and foreign products when taxes or fees are collected by the local customs, or the packages are subject to inspection or registration, or require it to be accompanied by documents.
Enact or keep in force fiscal laws or provisions that establish differences between the taxes and requirements for domestic products and those stated for foreign products, either such differences are established in respect to similar local products or between similar products of different origin.
To make and execute, directly or indirectly, bonds or loan agreements with foreign governments, foreign associations or foreign private parties, or when such bonds or loans are to be paid with foreign currency or outside the country.States and Municipal Councils may only make and execute bonds or loan agreements when such resources are to be allocated in the investment of productive public projects or to refinance them, these agreements must follow the best market conditions. The same applies to decentralized organs, public companies, public trusts or in the case of the States when they endorse Municipal debt. State Legislatures shall establish the basis on the corresponding law to follow this precept and to establish the concepts and amounts for these agreements. The executive power shall report these debt agreements in their annual accountability report. Never shall the governments pursue these debt agreements to cover regular expenditures.
State Legislatures, by a two third vote of the present members of the Congress shall authorize maximum amounts to agree on bonds and loan contracts given the best market conditions and with a previous analysis of its use, its payment capabilities, and in some cases to establish the source of payment or a payment guarantee.

Regardless the previous statement, States and Municipal Councils shall agree on liabilities to cover their short term needs but it may not surpass the maximum amounts or the conditions established by the general law issued by the National Congress. The short-term liabilities shall be fully paid no further than three months prior the end of the corresponding government period and no new liabilities shall be agreed within those last three months.
Levy a different tax on production, store or sale of leaf snuff than the tax authorized by the Congress of the Union.The Congress of the Union and the state legislatures shall enact laws to fight alcoholism.

Article 118

Without the Congress of the Union’s consent, the states cannot:

Establish tonnage duties or any other port duties, or levy a tax on importing or exports.
Have permanent troops or warships.
Declare war against foreign nation, except for cases of invasion or imminent danger. In such case, the state shall notify immediately the President of the Republic.

Article 119

The Powers of the Union have the duty to protect the states against foreign invasion or violence. In the event of uprising or internal social unrest, the Powers of the Union must protect the state, as long as they are called by the state legislature, or by the governor if legislature is not in session.

Each State and the Federal District are obliged to deliver, without delay, those suspected, processed or convicted persons required by another state, as well as to carry out confiscation and delivery of objects and instruments used in perpetration of the crime and the benefits thereof. These obligations will be complied through the respective organs of justice procurement, observing the conditions established in the collaboration agreements made by the states. For this purpose, the local authorities can make and execute collaboration agreements with the Federal Attorney General’s Office.

Calls for extradition, made by a foreign State, shall be processed by the President of the Republic, with the intervention of the judicial authority in accord with the provisions stated in this Constitution, in the applicable international treaties and in the statutory laws. In those cases, the writ of the judge, ordering to comply with the call for extradition, shall be enough to cause the person requested to be detained for up to 60 calendar days.

Article 120

Governors are obliged to publish and uphold federal laws.

Article 121

Each state of the Federation shall give full faith and credit to the public acts, registrations and judicial proceedings made by the other states. The Congress of the Union, through general laws, shall establish the way for proving such acts, registrations and judicial proceedings and their effect, in accord with the following bases:

The laws of a state only have effect inside its own territory; as a consequence, they have no effect outside thereof.
Personal property and real estate shall be subject to the local law applicable to the place where they are located.
Sentences passed by a court of a state about property rights on properties located in another state, may only be enforced in the other state when its own laws so provide it.Sentences about personal rights may only be enforced in other state when the person judged has, expressly or by reason of residence, submitted himself to the jurisdiction of the courts that pronounced such sentences, provided that the person has been summoned to appear in the trial.
Acts pertaining to marital status, carried out according to the laws of a state, shall be valid in the other states.
University degrees issued by a state government, in accord with its laws, shall be valid in the other states.

Article 122

The legal nature of the Federal District has been defined in the Article 44 of this Constitution. The Federal District Government is entrusted to the Powers of the Union together with the local executive, legislative and judicial branches, observing the provisions established in this article.

The local authorities of the Federal District are: the Assembly of Representatives, the Head of the Federal District Government and the Superior Court of Justice.

The Federal District’s Assembly of Representatives shall consist of a number of representatives elected according to the principle of relative majority and the principle of proportional representation, following the procedure of lists for a multi-member circumscription, according to the provisions established by this Constitution and the Federal District Charter.

The Head of the Federal District Government shall exercise the executive power and shall be responsible for the public administration of the entity. The Head of the Federal District Government shall be vested in one single person, elected through universal, free, direct and secret suffrage.

The Superior Court of Justice and the Judicial Council of the Federal District, together with the other bodies established by the Federal District Charter, shall perform the judicial functions related to common law in the Federal District.

The distribution of areas of jurisdiction among the Powers of the Union and the local authorities of the Federal District shall be subject to the following provisions:

It pertains to the Congress of the Union:
1. To legislate on what is relative to the Federal District, except for the affairs expressly conferred on the Assembly of Representatives.
2. To issue the Federal District Charter.
3. To enact laws that regulate the public debt of the Federal District.
4. To issue the general provisions that guarantees the appropriate, timely and efficient functioning of the Powers of the Union.
5. The other powers conferred by this Constitution.
It pertains to the President of the Republic:
1. To propose laws to the Congress of the Union related to the Federal District.
2. To propose to the Senate the person who should substitute the Head of the Federal District Government in the event of his/her removal.
3. To annually submit to the Congress of the Union the proposal of indebtedness in order to fund the expenditure budget of the Federal District. The proposal shall be submitted by the Head of the Federal District Government to the President and shall meet the requirements established by law.
4. To uphold the administrative laws enacted by the Congress of the Union related to the Federal District.
5. The other powers conferred by this Constitution, the Federal District Charter and the laws.
The Federal District Charter shall be subject to the following bases:
1. Regarding the Assembly of Representatives:
  1. The members of the Assembly of Representatives shall be elected every three years through universal, free, direct and secret vote, in accordance with the provisions established by law. The Assembly of Representatives shall consider the provisions established in the Articles 41, 60 and 99 of this Constitution in regard to the organization of elections, the issuance of certificates and the legal challenges on electoral matter.
  2. Qualifications to be a representative in the Assembly shall not be less than those required to be a federal deputy. The compatible provisions included in the Articles 51, 59, 61, 62, 64 and 77, paragraph IV, of this Constitution shall be applied to the Assembly of Representatives and its members.
  3. The composition of the Legislative Assembly of the Federal District shall invariably follow the criteria stated in Article 116, fraction II, third paragraph of this Constitution.
  4. The Assembly of Representatives shall fix the dates for the beginning of two ordinary periods of sessions per year, and shall establish the procedures to create internal organ of government that will act during its recesses, as well as the attributions of such internal organ. The internal organ of government can call to an extraordinary period of sessions at the request of the majority of its members or of the Head of the Federal District Government.
  5. The Assembly of Representatives, observing the Federal District Charter, shall have the following powers:
    1. To issue its own organic law and to send it to the Head of the Federal District Government so that it is published.
    2. To review, discuss and approve annually the expense budget and the revenue law for the Federal District, approving first the contributions necessary to cover the budget. Such budget shall include the salaries of the public servants, which shall be subject to the provisions established in the Article 127 of this Constitution.All the legislative, executive and judicial organs of the Federal District, as well as the autonomous bodies established by the Federal District Charter, shall include the detailed salaries of their employees in their proposals of expenditure budgets. The Federal District Charter and the applicable laws shall establish the procedure to approve the expenditure budget of the Federal District.
      The revenue law for the Federal District cannot include indebtedness higher than those previously approved by the Congress of the Union for the financing of the Federal District expenditure budget.
      
      The Head of the Federal District Government can exclusively submit the revenue law and the expenditure budget. The term to submit them ends on November 30, except for the years when the election of the Head of the Federal District Government takes place, in which case deadline shall be December 20.
      
      The Assembly of Representatives shall submit annually its proposal for the budget to the Head of the Federal District Government in order to include it in the general proposal.
      
      The provisions included in the Article 115, section IV, point “c”, second paragraph, of this Constitution shall be applicable to the treasury of the Federal District in all matters consistent with its nature and organic system of government.
    3. The Representatives Assembly, through its Auditing Office shall analyze the public account that corresponds to the previous year according to the applicable criteria established in the Article 74, section VI, of this Constitution.Public account of the previous year shall be submitted to the Assembly of Representatives no further than April 30. This term may be extended only when the Head of the Federal District Government justifies it sufficiently to the Assembly. The same shall apply for the extensions for submitting the revenue law and the expenditure budget.
      The Federal District’s Auditing Office Reports shall be public.
      
      The Head of the Auditing Office of the Federal District shall be elected by the two-thirds of the members present in the Assembly of Representatives, shall remain in office for at least seven years period and shall have five years experience in matters of control, financial auditing and liabilities.
    4. To appoint a substitute for the Head of the Federal District Government in case of absolute absence.
    5. To issue the legal provisions required to organize public treasury, the budget, bookkeeping and public spending of the Federal District, as well as the provisions required to organize the Auditing Office, vesting it with technical and operational autonomy to decide its internal organization, functioning and decision making. Auditing function shall be exercised according to the principles of legality, impartiality and reliability.
    6. To issue the provisions required to guarantee free and authentic elections in the Federal District through universal, free, secret and direct suffrage, according to the ground rules established by the Federal District Charter, which shall observe the principles and rules provided in Article 116, section IV, paragraphs “b” to “o”, of this Constitution. Provisions established in paragraphs “j” thru “m” of the mentioned article and section making reference to the governor, local representatives and Municipal Councils shall apply, respectively, to the Head of the Federal District Government, members of the Assembly of Representatives and District Chiefs.
    7. To legislate in matters of local administration, its internal organization and internal administrative procedures.
    8. To regulate the Human Rights Commission and to legislate in civil and criminal matters and in other matters like citizen participation, public defender, notary service and the land and commerce registry.
    9. To establish standards for civil protection, civic justice for police and governance offences, for the security services provided by private companies, for prevention and social reintegration, for public health and social work, and for social security.
    10. To legislate in matters of development planning; urban development, specially on land use; environmental preservation; housing; construction; public roads; traffic and parking; acquisitions and infrastructure; and exploitation and use of the Federal District’s resources.
    11. To regulate provision and contracts of public services; to legislate in matters of public transport, cleaning services, tourism and lodging, markets, slaughterhouse, wholesale markets and cemeteries.
    12. To issue regulations on economic stimulations; employment protection; development of the agricultural and livestock sector; commercial establishments; animal protection; public shows; cultural, civic and sports promotion; and social education in accord with the Article 3, section VIII, of this Constitution.
    13. To enact the organic law of the courts responsible for the common jurisdiction in the Federal District.
    14. To issue the Organic Law of the Court of Administrative Justice
    15. To legislate in the matter of the right of access to information and the protection of personal data held by obligors [sujetos obligados] of the Federal District. The Assembly of Representatives may also legislate in issues of organization, administration and management of documents and files according to the general laws issued by the Mexican Congress to establish the bases, principles and procedures to exercise this right. The Federal District shall establish an impartial, collegiate and autonomous entity responsible for guaranteeing the right of access to information and the protection of personal data held by obligors [sujetos obligados], this entity shall have legal personality, own patrimony, and full technical, managerial and decision-making autonomy in regard of its budget and internal organization.
    16. To present bill proposals or decrees to the Mexican Congress in regard to the Federal District issues or governance.
    17. To establish by law the terms and requirements by which the citizens of the Federal District may exercise their right of initiative before the Assembly of Representatives of the Federal District.
    18. Other powers conferred expressly by this Constitution.
2. Regarding the Head of the Federal District Government:
  1. The Head of the Federal District Government shall hold office for a six-year term, beginning on the 5th day of December of the year in which election was held, in accordance with the provisions established in the electoral law.In order to be eligible for the office of the Head of the Federal District Government, the individual shall meet the requirements established by the Federal District Charter, including: a) to be a Mexican citizen by birth with legal capacity to exercise his rights; b) to have lived in the Federal District for the three years previous to the date of the election, if he was born in the Federal District; c) to have lived in the Federal District for the five years previous to the date of the election, in a continuous manner, if he was born in another entity; d) to be at least 30 years old on the election day; e) not to have been Head of the Federal District Government previously under any circumstance. Being appointed to fulfill federal public duties in another state does not interrupt the residence.
    In the event of dismissal of the Head of the Federal District Government, the Senate shall appoint a substitute to finish the mandate. The President of the Republic must propose such substitute. In the event of a temporary absence of the Head of the Federal District Government, the office shall be entrusted to the public servant indicated in the Federal District Charter. In case of absolute absence, because of resignation or any other cause, the Assembly of Representatives shall appoint a substitute that finishes the term. Resignation of the Head of the Federal District Government shall be accepted only due to serious causes. The Federal District Charter shall regulate the leaves for this office.
  2. The Head of the Federal District Government shall have the following powers and duties:
    1. To uphold and execute the applicable laws enacted by the Congress of the Union related to the Federal District Executive Office or any of its agencies.
    2. To issue, publish and execute the laws approved by the Assembly of Representatives through the provision of administrative means by issuing regulations, decrees and covenants that allow its proper compliance. The Head of the Federal District Government, within a ten days term, can make comments about the laws submitted to him by the Assembly of Representatives for enactment. Should the project with comments be confirmed by two-thirds of the representatives present, it must be enacted by the Head of the Federal District Government.
    3. To submit bills to the Assembly of Representatives.
    4. To appoint and remove freely the public servants subordinated to the local executive organ, whose appointment or dismissal is not foreseen in a different manner by this Constitution or by the applicable laws.
    5. To manage public security services in accord with the Federal District Charter.
    6. Other powers and duties conferred by this Constitution, the Federal District Charter and the laws.
3. Regarding the organization of the local public administration in the Federal District:
  1. The Federal District Charter shall distribute attributions among the central organs and the decentralized bodies.
  2. The Federal District Charter shall establish the political-administrative agencies in every administrative territory in which the Federal District is divided.It shall also specify the criteria to carry out the territorial division of the Federal District; the responsibilities of each one of the political-administrative agencies; how to create them and detail their functioning; and, establish the relationships between such political-administrative agencies and the Head of the Federal District Government.
    The directors of the political-administrative agencies shall be elected through a universal, free, secret and direct manner, according to the law.
4. Regarding the Superior Court of Justice of the Federal District and the other judicial bodies in charge of common affairs:
  1. Magistrates composing the Superior Court of the Federal District shall meet the same requirements than the justices of the Supreme Court of Justice of the Nation. Besides, they should have professional experience at judicial affairs, preferably in the Federal District. The Supreme Court of the Federal District shall have the number of magistrates indicated in the applicable organic law.In the event of vacancies, the Head of the Federal District Government shall submit his proposal to the Assembly of Representatives for approval. Magistrates shall hold the office for a term of six years. They may be ratified by the Assembly of Representatives, if so, they may be removed from office only in the cases established in the Title Four of this Constitution.
  2. Administration, supervision and discipline of the Superior Court, trial courts and the other judicial organs shall be the responsibility of the Federal District Judicial Council, which shall be composed of seven members: the president of the Superior Court of Justice of the Federal District, who shall chair at the Judicial Council; a magistrate and two judges, elected by the two thirds of the members of the Superior Court, in plenary meeting; one councilor appointed by the Head of the Federal District Government; and two councilors appointed by the Assembly of Representatives. Councilors must meet the same requirements than magistrates. They must have professional and administrative experience; they also must be honest and honorable. Councilors appointed by the Superior Court of the Federal District must have proven experience in judicial field. Councilors shall serve for a five year-term and they shall be replaced in a staggered way. Councilors may not be appointed for a second term.The Federal District Judicial Council shall appoint the judges for the Federal District, according to the provisions regulating the judicial career. The Judicial Council shall also define the quantity of courts and courtrooms belonging to the Supreme Court that shall build up the Judicial Branch of the Federal District, as well as their specialization.
  3. Responsibilities and operating standards of the Federal District Judicial Council shall be determined taking into account the provisions established in the Article 100 of this Constitution.
  4. The Organic Law shall state rules to provide training and updating to the public officials, as well as to develop their judicial career.
  5. Impediments and penalties established in the Article 101 of this Constitution shall be applicable to the councilors, magistrates and judges.
  6. The Federal District Judicial Council shall prepare the budget for the Federal District Courts and shall submit it to the Head of the Federal District Government to include it in the general budget that shall be sent to the Assembly of Representatives.
5. There shall be a court of administrative litigation, which shall have full autonomy to issue its resolutions and to establish its organization, functions and procedures, in some cases also to establish the corresponding challenges to its resolutions. The Administrative Court must resolve the conflicts between the Federal District’s public administration and private parties. The Court may impose, according to the law, the corresponding sanctions whenever public servants are found guilty for severe administrative responsibility and to the private parties responsible for severe administrative faults. It may also establish the corresponding economic sanctions or compensations for the damages caused to the Federal District’s Treasury or to the endowment of the Federal District’s public organs.Regardless the powers of the Auditing Offices about the management, safe-keeping and use of public resources, whenever the members of the Superior Justice Court are under process of investigation or sanction for administrative responsibilities, the precepts established in the fraction II, Fourth Base of this article shall be observed.
The head of the Federal District Public Prosecution Service shall be the Federal District Attorney General, who must be elected according to the conditions provided by the Federal District Charter. The Federal District Charter and the applicable organic law shall determine organization, powers and operation of the Federal District Public Prosecution Service.
The provisions set forth in the section VII of the Article 115 of this Constitution shall apply to the President of the Republic. Appointment and dismissal of the public servant in direct charge of the public force shall be carried out according to the terms established in the Federal District Charter.
The Senate, or the Permanent Committee, can dismiss the Head of the Federal District Government due to serious causes affecting relationship between him and the Powers of the Union, or affecting the public order in the Federal District. Dismissal request must be presented by a half of the members of the Senate or of the Permanent Committee.
The City Councils of the Federal District suburbs can make and execute agreements with the Federal District Government and the Federal Government in order to create metropolitan commissions that coordinate planning and implementation of actions related to human settlements, protection of the environment, preservation and restoration of ecological balance, transport, drinking water, drainage, garbage collection, treatment and disposal of solid waste, and public security, observing the provisions established in the Article 115, section VI, of this Constitution.The commissions will be created by mutual agreement of the participants. The document of creation shall determine the procedure for integration, structure and functions.
Through the commissions, it shall be established:
1. The bases to make and execute agreements inside the commissions. Such agreements shall define the territorial scope and functions of each Municipal Council regarding public works, provision of public services or actions mentioned in the first paragraph of this part.
2. The bases to define the specific functions of the members of the commissions, as well as the contributions of material, human and financial resources.
3. Other rules for the mutual and coordinated regulation for the development of the suburbs, provision of public services and implementation of other actions approved by the commissions.
The prohibitions and limitations that this Constitution establishes for the states shall apply to the Federal District authorities.