CHAPTER 6
THE UPPER HOUSE
Article 44 — Constitutional Role of the Upper House
The Upper House is the chamber of regional representation, legislative revision, and constitutional balance.
The Upper House shall: a) represent counties and cities of republican significance; b) review laws adopted by the Lower House; c) exercise delayed veto in the cases established by this Constitution; d) participate in constitutional appointments where provided by this Constitution; e) safeguard regional interests within the unitary state; f) participate in constitutional defense procedures and oversight of emergency and security measures in accordance with this Constitution.
Representation in the Upper House does not confer territorial autonomy or authority to adopt laws or measures that conflict with national law or the unitary character of the Republic; no provision of this Chapter shall be construed to authorize secession, separate sovereignty, or autonomous legislative or fiscal powers inconsistent with the Constitution.
Article 45 — Composition of the Upper House
The Upper House shall consist of twenty (20) senators.
Each of the seventeen (17) counties shall elect one (1) senator.
Each of the three (3) cities of republican significance shall elect one (1) senator.
No county or city of republican significance may be deprived of its constitutionally guaranteed senatorial seat.
Any change to the total number of senators or to the formula established in this Article shall require a constitutional amendment.
Article 46 — Election of Members of the Upper House
Each senator shall be elected by direct, universal, equal, and secret vote of the population of their county or city of republican significance. Senate elections shall not use party lists; voters choose between individual candidates.
The candidate receiving the most valid votes wins the senatorial seat. If no candidate receives more than fifty percent (50%) of valid votes cast, a second round shall be held between the top two candidates within thirty (30) days, and the candidate receiving more votes in the second round wins.
Electoral law shall ensure equal opportunity of candidacy, transparency of campaign financing, independent administration, and genuine competition.
The term of members of the Upper House is five years, synchronized with the general electoral cycle.
A vacancy in the Upper House shall be filled by a by-election held within ninety (90) days of the vacancy arising, administered by the Independent Electoral Authority. The by-election winner serves the remainder of the vacant term.
Article 47 — Eligibility for the Upper House
A citizen may be elected to the Upper House if that person: a) has attained thirty (30) years of age; b) possesses full political rights; c) has resided in the county or city of republican significance they seek to represent for no less than seven (7) of the ten (10) years immediately preceding the election; d) has not been finally convicted of grave crimes incompatible with public office, as defined by constitutional law, except where such conviction has been expunged; e) meets standards of integrity established by constitutional law, and shall resign from any incompatible position before taking the oath of office.
Judges, prosecutors, active-duty military personnel, active intelligence personnel, and police commanders may not simultaneously serve as members of the Upper House.
Article 48 — Legislative Review by the Upper House
Every law adopted by the Lower House shall be transmitted to the Upper House for review within five (5) days of adoption.
The Upper House shall complete its review within: a) thirty (30) days for ordinary laws; b) forty-five (45) days for constitutional laws, election laws, laws on the judiciary, emergency powers, and laws directly affecting the powers or representation of counties and cities.
Within the review period the Upper House may: a) approve the law, whereupon it proceeds to promulgation; b) return the law to the Lower House with proposed amendments and written reasons, whereupon the Lower House shall consider the proposals and may accept, modify, or reject them by majority vote; c) exercise a delayed veto by returning the law with written reasons, triggering the override procedure under Article 49.
If the Upper House does not act within the applicable review period, the law is deemed approved.
The Upper House may not permanently block the formation of Government, adoption of the budget, or ordinary legislation supported by the constitutional procedures of the Lower House, except on grounds expressly related to constitutionality, regional representation, or procedural illegality.
Article 49 — Override of the Delayed Veto
Where the Upper House returns a law with a delayed veto, the Lower House may reconsider it within thirty (30) days.
The Lower House may override the delayed veto of an ordinary law by an absolute majority of its constitutional membership — seventy-six (76) of one hundred fifty (150) deputies.
For constitutional laws, election laws, laws on referendums, laws on the judiciary, laws on emergency powers, and laws directly affecting the representation or powers of counties and cities, the override requires a two-thirds majority of the constitutional membership of the Lower House — one hundred (100) of one hundred fifty (150) deputies.
No chamber may use legislative procedure in bad faith to circumvent the Constitution. The Constitutional Court may annul a legislative procedure conducted in bad faith upon application by any actor with standing under this Constitution, and may order the procedure to be repeated in conformity with constitutional requirements.