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November 27, 2021
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Constitution Commission approved bill that proposes reform in Indecopi

Constitution Commission approved bill that proposes reform in Indecopi

The Constitutional Commission of Congress approved this Friday an opinion to carry out a constitutional reform that elevates the Institute for the Defense of Competition and the Protection of Intellectual Property () as an autonomous constitutional body.

With 10 votes in favor, 6 against and 2 abstentions, the members of the parliamentary working group approved the aforementioned opinion that includes bills 0193/2021-CR, 0555/2021-CR and 656/2021-CR.

The president of the Constitution Commission, Patricia Juárez (Popular Force), said that the approved norm proposes a constitutional reform that incorporates article 65-A to the Constitution in order to solve the lack of real autonomy of Indecopi, because by law This is currently attached to the Presidency of the Council of Ministers (PCM).

“It is proposed to improve the selection process of the board of directors of Indecopi, replacing it with a public contest of merits in charge of an evaluation committee with the participation of different autonomous entities of the State”, said the parliamentarian while ensuring that this seeks to reduce the political interference of a single power and prevent the emergence of improper relationships that could motivate acts of corruption.

He added that the ratification of the candidates selected by the evaluation committee and by the Permanent Commission of Congress is also proposed.

Before approval, a previous question raised by Congressman José Elías Avalos (Podemos Peru) was rejected, who considered that the proposal should be better studied and that specialists be invited.

“Congress has no spending initiative and turning Indecopi into a superintendency will generate spending. Perhaps there must be an opinion from the Ministry of Economy “, he opined.

The current Indecopi president, Julián Palacín, described on November 16 that the initiative promoted by the Constitution Commission to reform Indecopi is “unconstitutional”, because it seeks to eliminate the power of the President of the Republic to appoint, together with the prime minister, the president of the board of directors of said state entity.

Since Palacín was appointed as the new president of the Indecopi board of directors, experts and some legislators have questioned his appointment because they consider that he does not have the profile to fill that position.

Precisely, the president of the BCR, Julio Velarde, said in CADE 2021 last week that the appointment of officials “should not respond to the whims of whoever is in power”, but that meritocracy should prevail to have professionals with good qualifications and strengthen public institutions.

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