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August 11, 2018In force

PCM-52-2018

Poder Ejecutivo

  • Decree: PCM-52-2018
  • Published: August 11, 2018
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,716
  • Category: Administrative

Summary

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This decree establishes the Office of Legal Affairs of the Presidency, an office that provides legal advice to the President and State Secretaries on complex decisions. Its director holds the rank of State Secretary and collaborates in formulating decrees, laws, and resolutions important to the government.

Considerations

Whereas Article 205 of the Constitution of the Republic confers upon the President of the Republic the direction of the general policy of the State.

Whereas Articles 12, 15, and 29 of the General Law of Public Administration permit the President of the Republic to appoint Secretaries of State in charge of a general responsibility, assigning them the task of coordinating the activities that contribute to the proper functioning of the Secretaries of State, deconcentrated entities, decentralized entities or programs, and other related matters.

Whereas Article 7 of the General Law of Public Administration establishes that the acts of the Public Administration shall conform to the following normative hierarchy: The Constitution of the Republic; International Treaties ratified by Honduras; This Law; Special Administrative Laws; Special and General Laws in force in the Republic; Regulations issued for the application of Laws; Other General or Special Regulations; Administrative Case Law; and General Principles of Public Law.

Whereas the policy, strategy, and objectives of the Government are defined by the President of the Republic and its actions are discussed and approved by means of the Council of Ministers.

Whereas the creation, modification, or suspension of the Secretaries of State or of deconcentrated or decentralized organisms or entities can only be done by the President of the Republic in Council of Ministers.

Articles

Article 1.-

The Office of Legal Affairs of the Presidency of the Republic is hereby created, which shall report directly to the President of the Republic regarding the fulfillment of its functions. This Office shall have among its attributions the task of providing legal counsel to the President of the Republic and making recommendations to the Secretaries of State, Centralized Institutions, and Decentralized Institutions as required. The President grants to the person in charge of the Office of Legal Affairs of the Presidency the rank of Secretary of State. Likewise, the Office of Legal Affairs of the Presidency shall collaborate with the President of the Republic and the Secretaries of State in the formulation of projects for Legislative and Executive Decrees, resolutions, or administrative decisions of great complexity or transcendence for the Public Administration, and other functions that the President of the Republic may assign.

Article 2.-

This Executive Decree shall enter into force once published in the Official Journal "La Gaceta". Given at the Presidential House on the fourth day of the month of July of the year two thousand eighteen.

Notes

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