A vowel suggests replacing self-extended; Government affirms that elections ended the mandate

While the electoral member Tahuichi Tahuichi Quispe suggested that the substitute magistrates who are elected this Sunday they can replace the self-extended ones that remain in the Judicial Branch; The Minister of Justice, César Siles, recalled that declaration 049/2023 establishes that the mandate of the magistrates ends when judicial elections are held and that process is what the country had this Sunday.

“ANDThe analysis of constitutional declaration 049/2023 is key to thisif we carry out an analysis of that constitutional declaration that has allowed the extension of the mandate of all the magistrates, we will understand that, at the time of this electoral act today, even if it was partial or complete, it has ended the mandate of the previous magistrates,” the minister said in a statement to the media.

On December 11, 2023, the full chamber of the Plurinational Constitutional Court (TCP) issued resolution 049/2023 in which they ordered the ‘expansion’ of his mandate, because parliament had not complied with the preselection of candidates for those high judicial positions.

“The extension of the mandate of the authorities of the Judicial Branch and Plurinational Constitutional Court in current exercise is provided, exceptionally and temporarily, until the new authorities are elected and installed.” points out the fourth provision of that declaration.

The vowel Tahuichi had proposed that the substitutes most voted assume the positions of holders and take the position of the current self-prorogates who are trying to continue in office, such as the censored Yván Espada and Gonzalo Hurtado.

“In the case of the Constitutional Court, we are going to elect four members and four substitutes today (Sunday), if there is a modification of Law 025. The three substitutes with the most votes would rise as starters because they are emerging from the citizen’s vote. Why seven? Because 2011 was the origin of the Constitutional Court,” explained the electoral member.

However, the minister himself said that it would not be necessary because On some occasions the highest constitutional entity functioned with a single magistratethe current senator Silvia Salame, who remained in office until the emergence of the new Political Constitution of the State.

For his part, during the final report of the election day, Oscar Hassenteufel, president of the Supreme Electoral Court (TED) answered questions on this topic:

“The Supreme Electoral Tribunal, as you know, can by legal mandate propose bills that have to do with the electoral issue. There is, evidently, some idea that has been discussed in the full room; but it is not an idea yet agreed upon and defined. We will have to do that review it properly to see if, first, it is within our scope of competence and, second, to see if there is the necessary consensus within the full room,” said Hassenteufel, this Sunday.