Jáuregui: He affirms that the president can call a referendum, in accordance with the Constitution

“The Constitutional Procedural Code has a defect in its wording, with the word will, it is not in harmony with the spirit of the Constitutionif you apply the constitutional primacy, the Constitution is applied and Lucho (Luis Arce) can convene,” said the president of the Constitutional Commission of the Chamber of DeputiesJuan Jose Jauregui.

On July 10, the deputy filed an abstract unconstitutionality action against article 152 in the Plurinational Constitutional Court (TCP). of the Constitutional Procedural Code, because it is not in harmony with article 411 of the Political Constitution of the State, ““curtailing” the president’s rights in order to push through a partial reform of the Constitution.

“It is article 152 of the Constitutional Procedural Code that is being subject to the filing of this abstract appeal of unconstitutionality by the undersigned deputyunderstanding that in the Constitutional Procedural Code a different meaning has been given to the scope of the second paragraph of the Political Constitution of the State in its article 411,” explained Jaúregui.

The action was admitted by the TCP on July 16.

In addition, the deputy challenged the last paragraph of article 23 of Law 026 of the Electoral Regime: “for incorporating conditions foreign to the Constitution as requirements that must be previously activated, ignoring the powersthe prerogatives of the president of Bolivians and also ignoring the literal wording of article 411, second paragraph, incorporating elements that curtail the possibility that the president can also call for this type of events.”

The referred paragraph indicates that the “partial reform of the Political Constitution of the State may be initiated by popular initiative, with the signature of at least twenty percent (20%) of the electorate at the national level, or by the Plurinational Legislative Assembly, through the Reform Law Constitutional approved by two thirds (2/3) of its present members. The approval of any partial reform will require a Constitutional Approval Referendum called by an absolute majority of the present members of the Plurinational Legislative Assembly.”

In the honorary session for the 199 years of Bolivia’s Independence, the President proposed to hold a referendum whether or not to maintain hydrocarbon subsidies, the distribution of seats in the Plurinational Legislative Assembly (ALP) and specifying the nature of presidential re-election.

According to Jaúregui, the referendum on hydrocarbon subsidies It does not require any further procedure than the issuance of the call by decree through the president; However, the issue of seats would merit a reform of the Constitution.

“My appeal states that the scope of the Constitution, the second paragraph of 411, must be understood and the wording of the Constitutional Procedure of 152 must be modulated to the scope of 411.. It is, therefore, that the president can act in this way without further formalities than those provided for in the Constitution.“, he insisted.