Why is there insistence on shielding judicial elections after the political agreement?

The controversial judicial elections They remain uncertain after the political support that the Supreme Electoral Tribunal (TSE) received for these elections to be held on December 15 throughout the country, despite a questioned ruling by the Plurinational Constitutional Court (TCP).

On November 7, it was learned that the TCP had declared (through a ruling of November 4) the call to elect the judges of the Supreme Court of Justice is void (TSJ) in the departments of Beni and Pando, and the TCP in Pando, Cochabamba, Santa Cruz, Beni and Tarija.

On November 11, a multi-party and inter-institutional meeting of three State bodies and representatives of political organizations rejected the questioned sentence for incurring a “flagrant violation of the principle of estoppel” and “reaffirmed” the holding of the judicial elections on December 15.

However, “it is obvious, If we fail to comply with a ruling of the Constitutional Court, we would be violating the Constitution State Policy (CPE) and we would be subject to certain sanctions, including criminal ones,” warned the TSE member, Tahuichi Tahuichi.

Constitutional lawyer José Luis Santistevan also considered that “the problem may later arise from the members of the TSE for failing to comply with a ruling.”

“All sentences, constitutional orders, resolutions or declarations of the TCP are mandatory and binding. There is no inventory benefit, I fulfill what I like. If the TSE does not comply with the TCP rulings, the judicial ones are temporarily guaranteed to carry them out, the small big problem is that they will be carried out with a defect of nullity, because there is a TCP ruling that establishes that a part must be done again of the call (for judicial ones). A law of the Legislative Assembly could give it greater legality, but a political agreement is not valid for the CPE nor for the law,” explained the jurist.

In the same sense, Tahuichi pointed out that “the political statement” issued on Monday at the meeting called by the TSE is beautiful, but that deep down he prefers to be “cold and honest.”

“We have the firm conviction to continue next 15 December (with the elections), but I am warning of other situations (that could arise). To be a member of the TSE you have to have courage and we have it, but it is not enough (…), that is why we hope that our Assembly measures up to the stature of our democracy,” the member told a TV channel. .

At the political meeting, the TSE requested that the agreement include a point establishing the “immediate approval of a short law that provides for the continuation of the electoral process in its entirety” in order to protect judicial elections; However, that request was discarded at the meeting.

Instead, in the signed agreement a point was included that establishes “ratify the full validity of Law 1549 of February 6, 2024” (Transitional Law for Judicial Elections 2024) in order to shield judicial elections in the conditions, planned scope and deadlines.

But he The draft of the short law has already been sent to the Legislative Assembly, as confirmed by Tahuichi, who, in addition, hopes that a second regulation will be approved so that the members of the TSE are part of Law 044, for judging the president and other authorities through the authorization of the Legislative Assembly and not directly.

“We don’t have a court case, Today we are totally helpless“They can take us to the cells, they can process us for as long as they want and those who are doing this know the weakness of the TSE members,” he said.

The TSE member urged legislators to demonstrate their “political will” these days because, as he confirmed, “deputies and senators have two challenges: first, approve the bill that provides for full prosecution (of judicial proceedings) and Second, approve the bill to incorporate the members into Law 044.”

“I think that With that we can shield and save our democracy. If this week they include us in Law 044, I, Tahuichi member, will put everything into it, because They will not be able to prosecute me (easily), they will have to prosecute me with the authorization of the Legislative Assembly, with two thirds (of votes); I am committed to democracy, but they have to assume their role in the Legislative Assembly,” he emphasized.

The president of the Chamber of Deputies, Omar Yujra, who participated in Monday’s meeting, assured that “we are already out of time on the issue of the (short) law.”

“Imagine, until December 15, we only have a little more than a month left and Commissions and committees have not yet been formed in the Chamber, “That has also been going on for a few days and we made that known at yesterday’s meeting at the TSE,” said Yujra.

Furthermore, “we have reviewed the proposal they made to us, which was basically to ratify Law 1549 and we have strongly supported the holding of judicial elections. The theme of short law, at this moment, does not address the issue of time; That is why the agreement basically lies in supporting the Electoral Body,” he insisted.