The plenary of National Election Jury (JNE) asked the Congress Constitution Commission to allow it to actively participate on the day of the debate of the bills that seek to reform article 99 of the Political Constitution and incorporate the members of the electoral system within the eligible subjects. to be subjected to a political trial for alleged constitutional infraction.
He explains that this would be very serious, even more so in the case of JNEsince it is the body that proclaims the results of electoral processes (such as presidential and congressional elections) and resolves procedures and legal controversies in which political organizations are parties.
“It would be contrary to the principles that sustain a constitutional and democratic State of law, especially the principles of separation of powers, independence, and impartiality, to allow an organ of nature and eminently political, such as the Congress of the Republic, to have the competence to exercise control of the decisions issued by electoral bodies such as the JNE, from the processing of a procedure of constitutional accusation under the modality of impeachment”he emphasized.
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He stated that allowing their participation in the debate would give them the possibility of supporting the non-incorporation of the members of the JNE within the scope of said article.
“Formally request our institutional opinion regarding Bills 724/2021-CR, 1708/2021-CR, 2004/2021-CR and 2025/2021-CR, in order for our arguments to be taken into account and issue an amplifying opinionexpressed the electoral body in a statement.
The Plenary of the JNE underlines that the Constitution Commission at no time summoned the electoral body to express its opinion Regarding the legislative initiatives that seek to include its magistrates in article 99 of the Magna Carta, in order to allow them to be subjected to a political trial, as well as to attribute to them the prerogative of impeachment.
It maintains that incorporating the members of the Supreme Electoral Court as passive subjects of constitutional accusation, as established in articles 99 and 100 of the Constitution, implies that they are subject to both impeachment and impeachment, which is not admissible.
It also indicates that attempting to subject the members of the Plenary of the JNE to a political trial implies a “serious risk to the independence of the electoral system”taking into account that an important part of the guarantees of its independence provided for in the 1993 Constitution is precisely its absolute separation from political power.
The Plenum of the Supreme Electoral Tribunal affirms that the position contrary to the legislative initiatives in no way implies that impunity or the absence of any control over the actions of the JNEsince its decisions can be questioned before the constitutional jurisdiction and the possibility of criminally denouncing its members remains intact in case the alleged commission of crimes in the exercise of its functions is noticed.
He assures that, if one takes into account that the action of the Plenary of the JNE is eminently jurisdictional in electoral matters, there is a risk that a political body such as the Congress of the Republic tries to find violations of the Constitution in its decisions, since it has not defined what these violations are.
“Therefore, for political authorities such as congressmen to be able to sanction electoral authorities, based on a political and not a legal assessment, would be at least very dangerous for democracy and the institutions of our country, since they would have the power to sanction those who exercise electoral jurisdiction in cases in which their political interests are directly related.”sentenced.
