Cubalex: Article 116 of the Cuban Communist Party’s (PCC) constitutional project establishes that “the Council of State may not admit members of the Council of Ministers, nor the highest authorities of the judicial or electoral institutions, or those of state control.”
The president of the republic has not joined either of the two entities but participates in both their meetings. The highest ranking officer of state can participate in his own right in meetings of the Council of State and summon them whenever he wishes; and may also preside over meetings of the Council of Ministers and its Executive Committee [art. 123 parts (u) and (v)) of the constitutional project of the PCC].
This is a meaningless prohibition, because it does not prevent members of the body which is charged with executing the laws being present during the process of adopting those same laws. Neither the Members of the Council of Ministers nor the highest-placed officials of the organs of the judiciary, or electoral bodies, or those of state control should be able to act as representatives.
Neither should the president be able to attend meetings of the permanent body of the National Assembly (the legislative body which spends nearly the whole year in recess) nor be a representative. The avoidance of conflicts of interest is one of the prime reasons why this position should be held by a political representative directly elected by the people.
Art. 129 of the PCC constitutional project establishes that “the Secretary General of the Workers’ Union of Cuba (CTC) participates in his own right in the sessions of the Council of Ministers”. What happens if the Secretary of the PCC is a Member of the Council of State? How are interests to be reconciled if he is a state functionary (Member of the Council of State), political representative, party leader ( Member of the Political Bureau of the PCC), and leader of civi society (Secretary General of the CTC)?
Translated by GH