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Title III

On Power

Art. 33

All power emanates from the Nation.

This power is exerted in the manner established by the Constitution.

Art. 34

The exercising of determined power can be attributed by a treaty or by a law to international public institutions.

Art. 35

The federal authority only has power in the matters that are formally
attributed to it by the Constitution and the laws carried in pursuance of the Constitution itself.

The communities and the regions, each in its own field of concern, have power for the other matters, under the conditions and in the terms stipulated by law. This law must be adopted by majority vote as provided for in Article 4, last paragraph.

Temporary Disposition

The law referred to in paragraph 2 determines the date on which the present article comes into force. This date cannot precede the date of the implementation of the new article to be inserted in Title III of the Constitution, which determines the exclusive powers of the federal authority.

Art. 36

The federal legislative power is exerted collectively by the King, the
Chamber of Representatives and the Senate.

Art. 37

The federal executive power, as stipulated by the Constitution, belongs to the King.

Art. 38

Each community has assignments which are recognized by the Constitution or by the laws carried in pursuance of it.

Art. 39

The Law attributes to the regional bodies that it creates and that are made up of elected representatives, the power to manage the matters that it
determines, with the exception of those referred to in Articles 30 and 127 to 129, within the jurisdiction and according to the manner established by the law. The latter must be adopted by majority vote as provided for in Article 4, last paragraph.

Art. 40

Judiciary power is exerted by the courts and tribunals.

Rulings and court decisions are carried out in the name of the King.

Art. 41

Interests which are exclusively of a communal or provincial nature are ruled on by communal or provincial councils, according to the principles
established by the Constitution.

The law defines the competencies, rules of functioning and mode of election of intra-municipal territorial organs that are authorised to regulate matters of municipal interest.

These intra-municipal territorial organs are created in municipalities with more than 100,000 inhabitants at the initiative of the local council. Their members are elected directly. In execution of an act adopted by majority vote defined by article 4, last paragraph, the decree or regulation envisaged in article 134 regulates the other conditions and modes according to which such intra-municipal territorial organs may be established.

This decree and the regulation envisaged by article 134 can only be adopted after a majority vote of two-thirds of the expressed votes, under the condition that the majority of the members of the council in question are in agreement.

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