Overview and context
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Nationally Determined Contribution (UNFCCC website)
The Republic of El Salvador has a legal system based in civil law. The most recent Constitution was enacted in 1983 and amended in 2009. The President, elected on a ticket with the Vice-President by popular vote for a five-year term, is both the head of state and head of the government. The most recent Presidential election was in February 2014 and the next one is scheduled for February 2019.
El Salvador has a unicameral legislative Assembly composed of 84 Deputies who are elected for three-year terms by direct and popular vote. The most recent election was in March 2015 and the next election is expected to take place in 2018. As established by the Constitution, the law-making process encompasses the legislative and the executive powers, but the right to initiate a legislative process is extended to numerous actors. As a general rule, Deputies and the President (acting through the Ministries) hold the responsibility to propose legislation; however, the Supreme Court of Justice can suggest laws directly related to the field of justice. In addition, local councils have a voice in laws that would address local taxations and the Central American Parliament can propose laws regarding certain aspects of the integration process within Central America.
In all these cases, the legislative proposal must be submitted to the Assembly in the form of a Communication. The document is received by the Directive Board, which schedules a formal presentation of the project to the Legislature. The proposal is then submitted for the approval of a legislative committee. The Committee drafts a legislative proposal and submits it to the Assembly, where it is brought to a vote. If approved by a simple majority, the proposal becomes a Decree. According to the Constitution, the Decree must be presented to the President within 10 days of its approval. Sanctioned by the President, the Decree is published in the Official Diary (Gazette) and becomes law. In cases in which the President has observations or vetoes the Decree, the text is sent back to the Assembly. The Deputies then analyse the presidential comments and alter the law accordingly. In the case of presidential veto, the Deputies vote on the text again and, if approved by two-thirds of the Assembly, the law is ratified and sent back to the President for presidential sanction. In the extreme circumstance in which the President still disagrees with the ratification and questions the constitutionality of the law, he/she can ask for the Supreme Court to deliberate on the matter, having the final say on the law.