The President’s Counsel Pedro Castillothe lawyer Benji Espinozadenied that they seek to delay the vacancy process that began with the head of state with the return of the motion for the agenda admitted by the Congress of the Republic.
“The reality is that the elements that are being requested were not delivered. If the items are delivered, there is no problem. This is not about delaying anything. What is involved here is that due process is respected and avoid subsequent annulments. That’s what it’s all about.” Espinoza said after meeting with Castillo Terrones at the Government Palace.
Likewise, the lawyer affirmed that it has not yet been decided whether the president will go to Congress this Wednesday, December 7, or send one of his lawyers. José Palomino Manchego could defend the president as in the previous vacancy motions.
“We are evaluating various scenarios with the president, everything from a legal point of view and they will soon know the decision,” added Benji Espinoza.
Presidential suspension project
At another point in his statements, Benji Espinoza asserted that the opinion that regulates the procedure of presidential suspensionfor the cause of “temporary disability”, is a “law with its own name”.
“It is a law with its own name and the Constitution says that laws with its own name cannot be given. It is a ‘Pedro Castillo Terrones norm’. What was missing is to put the name of the president there. What do you want to regulate? They want to regulate and change the Constitution with an infra-constitutional norm. You can’t do that,” he said.
The initiative approved by a majority in the Constitution Commission establishes that the suspension of an acting president is proposed via a motion on the agenda and has a procedure similar to that of the presidential vacancy, except for votes.
According to the proposal, for a president to be removed from office for up to 36 months, the vote in favor of the absolute majority of the legal number of congressmen would be required, that is, 66 votes.