The Constitutional Court will decide on the admissibility of the crucial lawsuit in Peru – Prensa Latina

Judge Espinosa specified that on the same day the result would be sent to the Congress of the Republic and declared that the appeal submitted to the TC satisfies the formal requirements, which he confirmed as Rapporteur, that is, responsible for preparing the opinion. to obtain its full consent.

As Rapporteur, your task is not to give an opinion on the merits but to “verify that the claim has no formal flaw, tomorrow I will tell my colleagues about it and Parliament will be immediately informed that it has been denounced”.

After the notification, Congress will have 30 working days to respond to the TC and has seen it as a long waiting period established by law, taking into account the importance of the issue and its political and social ramifications and asking Parliament to respond as much as possible. As soon as possible ‘.

For parliamentary seats and progressive social organizations, the recently approved above-mentioned law leaves the Congress, which has an opposition majority, to obstruct the work of the executive branch, through measures such as oversight (impeachment) of ministers of state.

Until the new law, the Executive could summon Parliament to grant confidence, for almost any reason, using a constitutional authority, according to which if this confidence was rejected twice, even by implication, the President of the Republic may dissolve Parliament and call legislative elections.

With contested law, the government can only require confidence in the defense of its public policies and not in defense of ministers, and only asserts a denial of confidence when the legislature expresses it.

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Judge Espinosa did not issue a ruling on the merits of the lawsuit, but noted that the Central Criminal Court had previously ruled that the executive branch, according to the Constitution, can seek confidence in any circumstances.

He also denied the validity of comments made by right-wing lawmakers who deny that the Transitional Council has the power to interpret the constitution or question the decisions of other branches of the state and explained that these are precisely the powers of the court.

The government is questioning the new law on cutting presidential powers and thus changing the balance of power and amending the constitution without undertaking constitutional reform, but with an ordinary law that contradicts legitimacy.

Jha / Mrs

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