The parliamentary process initiated against the president of the Republic, José Jerí, has been questioned by the former senior congressional officer, César Delgado Guembes, who warned of a series of irregularities and technical deficiencies in the handling of legislative management.
According to the specialist, the current administration of Parliament would be ignoring the procedures established in the Congress Regulations, which calls into question the legal validity of the actions that are intended to be carried out this Tuesday, February 17.
Delgado Guembes explained that, according to Article 50 of the Congress Regulations, extraordinary legislatures must be formally “convened” by a decree and not simply “cited” by the Chief Official’s Office, as if it were an ordinary session.
This convening decree is a formal act that must be published – traditionally in the official newspaper El Peruano -, specifying the constitutional articles that support it and the specific purpose of the agenda. For the expert, having ignored this step is not only a breach of parliamentary practice, but also a sign of “incompetence” on the part of those who advise the Board of Directors.
Likewise, Delgado maintained that, if the objective of Congress is impeachment, the correct procedure is that of vacancy, which requires a period of at least 5 or 6 days and the mandatory summons of the President to exercise his defense. On the contrary, censure is an accelerated procedure that can be resolved in hours and that, in their opinion, is not the ideal way to remove a head of state.
In that sense, Guembes advised that the correct defense of José Jerí should be not to appear before the Plenary if a censorship process is followed. The expert argued that, if the President attends a censure session, he would be tacitly recognizing that this procedure is the correct one, when in reality the “due procedure” for his situation should be that of vacancy. “The President is not obliged to participate in a censure process as part of his right to defense,” he stated.
The analyst regretted the current management of parliamentary processes, describing it as deficient and lacking rigor. He warned that the omission of legal forms and the lack of complaints regarding these irregularities weaken the country’s institutions.
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