The parliamentary record details that -for example- the rule to grant leave to workers on the day scheduled for their vaccination against the COVID-19 has not yet been regulated. “This law enters into force the day after its publication in the official newspaper El Peruano. The Executive Branch regulates this law within a period not exceeding 30 business days from its entry into force.”, reads the provision of the law published on August 7, 2021.
Meanwhile, laws that would have a positive impact on the agricultural sector remain in suspense. One of these is the law that regulates the agricultural extension service, which was published in El Peruano on December 7, 2021, and which had a term of no more than 120 days to be regulated by the Ministry of Agrarian Development and Irrigation (Midagri).
However, there is still time to regulate other pending laws. Until August 23 of this year, the Executive can present the regulations for the law that promotes the formalization of micro and small businesses through the Crecer Fund, published on May 27.
Likewise, the regulation of the law that recognizes the right and provides for the payment of the special bonus for teachers for class preparation and evaluation, approved on June 16 of this year, and whose regulation was signed by the president peter castle during the XVII Council of Decentralized Ministers, in Arequipa, last Tuesday.
political control
For Juan Gabriel Duarte, head of the Congressional Research and Documentation Department, the “regulatory power” can be used as an action of political control for the effectiveness of laws.
LOOK: The Ethics Commission will see the qualification report of Popular Action congressmen this Monday 27
This is how he defines it in his thesis work on the same subject, published in 2021, in which he warns that the pending laws “they would become ineffective for not having the corresponding regulations, as a consequence of a ‘legislative idleness’ by the Executive Branch, to the detriment of its stakeholders: the citizenry”.
In this regard, the political analyst Arthur Maldonado he recalled that it is not so strange that the Executive leaves aside some norms. “This can be due to two factors. The first is laziness and ineptitude against the expiration of deadlines by the entity in charge. The second factor is more political, because non-regulation is a form of control to prevent some laws from coming into force”, he explained to Peru21.
He warned that when delays occur in the regulation of standards, they lose impact in their scope of application. “For example, the law on licenses for vaccination against COVID-19 would have had more impact when the application of the doses began than now that almost everyone is immunized.“, held.
For his part, the constitutionalist Hannibal Quiroga He specified that, although the expiration of deadlines to regulate does not imply a consequence, it does represent a breach of the constitutional functions of the Powers of the State. “From the constitutional point of view, there is no problem with a law being regulated late, but from the political point of view, this means that the Executive is not doing its job, it is almost an omission of the constitutional function”, he asserted.
Keep in mind
- The law that incorporates Self-Defense Committees into the citizen security system is pending regulation.
- Regarding this, the president of the Defense Commission, José Williams, announced on Wednesday that modifications will be made to the autograph.
