By majority, the magistrates of the Constitutional Court annulled the judicial provisions that ordered Congress not to threaten Jorge Luis Salas Arenas or apply the university counter-reform.
This Thursday 23, the plenary session of the constitutional Court ruled in favor of Congress of the republic in the jurisdictional process that he filed against the Power of attorney as a result of various resolutions that, alleged from the Parliament, violated the exclusive and exclusive powers of the Legislative Power. Consequently, he ordered to annul the caution at the request of the Ombudsman’s Union against the special commission and other cases.
The other annulled cases are the one referring to the president of the National Election Jury, Jorge Luis Salas Arenasand the protection against the intervention of the board of directors of the National Superintendence of University Education (Sunedu).
Salas Arenas filed an amparo before the Superior Court of Justice of Arequipa with the aim of annulling the constitutional complaints that were being processed in Congress. He alleged that his rights to the full exercise of public office and functional independence were being violated, as well as not having the prerogative of political impeachment. The judge Karina Apaza del Carpio he agreed with him in August 2022.
Resolution of precautionary measure. Photo: Judiciary
In the case of Sunedu, the lawyer Luciano Lopez filed an amparo for the constitutional justice to declare the non-application of Law 31520, a law that “restores the autonomy and institutionality of Peruvian universities“. In the first instance, it was possible to obtain a ruling in favor; however, the TC would later declare the constitutionality of the rule.
Measures
The ruling, which has not yet been published, will include an exhortation to Congress to amend article 99 of the Constitution, referring to high officials who enjoy impeachment, to include members of the JNE and the heads of the National Office of Electoral Processes (ONPE) and of the National Registry of Identification and Civil Status (Reniec).
If said modification materializes, Jorge Luis Salas Arenas, as well as the other members of the JNE, Piero Corvetto and Carmen Velarde could be constitutionally denounced. If this is the case, they could even remove them and disqualify them for up to 10 years from public service.
Finally, the constitutional Court will notify the National Board of Justice about the sentence so that it “proceeds in accordance with its powers regarding the functional behavior of judges who have granted protections and precautionary measures over the exclusive political powers of the Congress of the Republic.” That is to say, that it consider initiating disciplinary proceedings against the judges of the Judiciary.
