After the accusations issued by former Interior Minister Mariano Gonzálezthe idea of filing a vacancy motion against the president peter castle took strength in Congress during the last week; however, knowing that the minimum number of votes for his departure would not be reached, the Avanza País bench decided Introduce a bill that changes the minimum from 87 votes to 78.
This decision has been criticized by a section of parliament who has accused congressmen Diego Bazán, Rosselli Amuruz and Norma Yarrow (drivers of the law) of having proposed a norm with its own name. But how true is this and why is it defined this way?
The Republic spoke with two specialists who agree that this proposed change in the Congress regulations would respond to a law with its own name, but there are more disagreements regarding its presentation that end up going against the decisions made by the Constitutional Court (TC).
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The more votes, the greater the balance of powers
Constitutionalist Elena Alvites pointed out that, as established by the TC at the time, “To take measures like this, such as the vacancy, at least a high percentage of the number of votes in Congress should be given, and to change it is to contravene that principle that seeks to translate the balance between the two powers of the State.”
In that same sense, the constitutionalist César Delgado Guembes specified the moments in which the Court has intervened to preserve this balance.
“Beyond that, in the year 2003, the Constitutional Court urged Congress to modify its regulations so that the vacancy does not proceed but not two thirds, and more recently in the composition of the Constitutional Court that has just concluded. There were three magistrates who they were even suggesting that that number be increased to four-fifths, which would equate to 104 votes.”asserted the expert.
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Withdrawals in the negotiations
According to Delgado Guembes, the normal way to obtain the current minimum number of votes for a vacancy It should not happen through a reduction of the minimum, but through conversation with the 44 votes (or 44 congressmen) who are not in favor of the process against Castillo. “But to do it obviously we have to count on there being congressmen who stop supporting who they support”he expressed.
Given this situation, this intention arises to create a specific law to be able to achieve the departure of a head of state such as Pedro Castillo.
In this sense, Alvites asserts that this power as legislators is even being abused, since “The laws are adopted with the purpose of regulating forward all the situations that have to do with the vacancy, not necessarily with a president, because circumstances change, and to that extent Congress would be abusing its power, to enact a law with its own name that is contrary to the Constitution”.
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Is a reduction of votes for the vacancy viable?
For both constitutionalists, this possibility exists, but both Delgado Guembes and Alvites point out that it is an abuse of their function as parliamentarians.
The specialist in parliamentary issues specified that “the fact that it is regulatory does not necessarily mean that this project meets the ethical, political and constitutional conditions to be valid.(…) It is not illegal, because those who would present it are competent people to do so, but it would be of dubious axiology and ethics.”
In turn, Alvites points out that the law contravenes the minimum guarantees that the action of Congress must have, and in order to be accepted, the number would not be reduced. In fact, in his opinion, “The appropriate thing, despite the fact that this is a regulation of Congress, is that it has a number that represents a high consensus of the Legislative Power, and not a downward consensus (…) a political consensus that balances with the head of the executive ”.
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For his part, Delgado Guembes notes that this measure could be taken in the future, but as long as the intention to vacate the President of the Nation is off the political agenda, Well, this is what generates the axiological outrage of the proposal presented by Avanza País.
