remuneration without self-benefit
Constitutional Remuneration Commission
Set, using public and comparable criteria, the remuneration provided for certain Candeian offices without allowing the office-holders themselves to directly determine what they receive.
Pre-Foundation · permanent institution not installedConstitutional Proposal · reference text · not promulgated
Why it exists
The rule is simple: a person who holds or controls an office should not determine their own remuneration alone. The Commission is the proposed means of separating that decision from immediate personal interest.
How it prevents office-holders from setting their own pay
Set constitutional remuneration under public criteria, comparable benchmarks and transparent methodologies, reducing conflicts of interest for those who hold or control remunerated offices.
Set remuneration within the applicable constitutional and legal mandate. Publish criteria, comparators, methodology and reasons. Preserve decision-making autonomy from office-holders who directly benefit.
5 members: 1 nominated by the Court of Audit; 1 by the Independent Fiscal Council; 1 by the National Statistics Institute; 1 elected by the Assembly by a three-fifths majority from qualified candidates; and 1 chosen by the Ombudsman through a public process.
Plural appointment sources and incompatibility with an office whose remuneration is being set, party leadership, elective office, a Ministry or a political position of trust.
Single, staggered five-year terms.
Decision-making autonomy and structural incompatibilities prevent office-holders from setting their own remuneration through direct political influence.
An independent budget proportionate to its mandate; it may share a neutral administrative secretariat under Art. 254.
For the grounds set out in Art. 266, by decision of 6 of the 9 members of the Constitutional Court after proceedings initiated as provided in Art. 264.
Public methodologies and reasons, judicial review and financial/administrative audit without direction of the constitutional merits.
Criteria, comparators, methodology, decisions, reasons, budget and periodic reports.
It does not administer the State payroll, appoint office-holders or turn pay comparison into a proprietary privilege detached from the constitutional mandate.
What it sets in practice
- Set remuneration within the applicable constitutional and legal mandate.
- Publish criteria, comparators, methodology and reasons.
- Preserve decision-making autonomy from office-holders who directly benefit.
Remuneration does not create privilege
The Commission does not administer payroll, appoint office-holders or turn pay comparison into a proprietary advantage detached from the exercise of office.