Representative of the Executive Attorney’s Office requested that the jurisdictional claim presented by Congress be rejected.
He constitutional Court A public hearing is scheduled for this Tuesday, February 28, in which it will review the case of the jurisdictional claim filed by the Congress of the republic against him Executive for the interpretation of the question of confidence. This appeal was filed by the Legislative Branch in November 2022, when former President Pedro Castillo was still in the Government Palace.
TC: hearing on jurisdictional claim of Congress due to a matter of trust
TC ruling must reduce political tensions between state powers
The TC ruling must resolve the political tensions between Congress and the Executive, warns the Executive’s attorney regarding the figure of the factual interpretation of trust issues: “as an interpreter of the Constitution, they must make a decision about what happens with its previous jurisprudence and thus give it legitimacy”.
Lawyer Aníbal Quiroga recalls that TC has already established jurisprudence on factual interpretations
Lawyer Aníbal Quiroga, an advocate for Congress, questions the concept of factual interpretations of trust issues. He warns that the Constitutional Court has already established jurisprudence on this issue.
Judge Ochoa Cardich asks Attorney Huerta to explain why the Constitutional Court should ratify previous sentences
Judge César Ochoa Cardich I ask the Executive Prosecutor to explain what he means when he stated —during the hearing— that the Constitutional Court has the opportunity to ratify previous rulings on the powers of Congress, within the framework of this new jurisdictional claim between the Legislative and the executive power.
Congress lawyer: “My colleague has to defend what was committed by the Government of Castillo”
Lawyer for the Attorney General’s Office recalled that his colleague who defends the Executive Branch has “the difficult task” to defend acts committed against Parliament by former President Pedro Castillo and his former Prime Minister Aníbal Torres.
Lawyer for the Executive: “It cannot be pointed out that there was an excessive use of the question of trust”
“The Constitutional Court has established that the question of trust for the approval of laws does proceed, but with limits. So, it cannot be pointed out that there was an excessive use of the question of trust”, said the lawyer for the Executive.
“Competence demand is in the run-up to the Castillo coup”
The lawyer for Congress points out that the “competence claim (presented by Parliament against the Executive) is in the run-up to the coup by Pedro Castillo.” He considers that the rejection of the former president’s initiative was a trigger for his decision for the message to the Nation read on December 7, 2022, the last day of his term as head of state.
Congress lawyer relies on law 31355
Lawyer for Congress recalls that parliamentarians —through Law 31355 that regulates issues of trust— made clear the cases in which they could or could not file an appeal of this magnitude from the Executive. He pointed out that raising it is going against the law, therefore the interpretation made by the Council of Ministers of Pedro Castillo that in November 2022 he was denied confidence by not processing the document would not have been valid.
Hearing began in the TC
Lawyer for the Attorney General’s Office of the Congress of the Republic takes the floor and assures, before the magistrates of the TC, that an incorrect interpretation of the refusal of the question of trust at the end of 2022 was the beginning of the process of the attempted coup d’état of former President Pedro Castle.
The hearing will be held at 9:00 am, on a day in which the constitutional Court plans to review 11 constitutional processes from different cities in the country.
The oral reports of the lawyers of the Attorney General’s Offices will be heard. Congress of the republic and the Presidency. His presence was processed through the parties table or the jurisdictional window.
The magistrates Francisco Morales Saravia (president), Luz Pacheco Zerga (vice president), Gustavo Gutiérrez Ticse, Helder Domínguez Haro, Manuel Monteagudo Valdez and César Ochoa Cardich will be present.
TC issued a precautionary measure while jurisdictional claim is defined
While the jurisdictional conflict between the Executive and the Congress of the republic by the interpretation of the question of confidence, the constitutional Court issued a precautionary measure in favor of the Legislative Branch. With this, the suspension of any effect that could be derived from interpreting the question of trust as denied was provided for.
The public hearing will be held in the hearing room of the San Isidro headquarters (Av. Arequipa 2720) and may be viewed by interested parties through the institutional website and social networks.
