The National Election Jury (JNE) specified that any call to reform the Political Constitution cannot be made directly, but must be previously approved in Congress, with an absolute majority.
He recalled that this was established by Law 31399 approved by Parliament and published on January 30, which modified articles 40 and 44 of the Law on Citizen Participation and Control Rights (Law No. 26300).
He explained that according to the aforementioned norm, the call for a referendum to reform the Constitution does not proceed, if it is not processed according to the procedure defined in the first paragraph of the article 206 of the Political Constitution.
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Namely, the reform proposal must be previously approved by Congresswith an absolute majority of the legal number of its members.
The law approved by the Legislature also modified article 44 of the Law on Citizen Participation and Control Rights, providing that the call for a referendum corresponds to the electoral authority, that is, to the JNE.
However, a modification was introduced establishing that in the case of a constitutional reform, the call corresponds to the President of the Republic, by order of Congress, in accordance with the procedure established in article 206 of the Magna Carta.
It should be noted that before the approval of Law No. 31399, the Plenary Session of the JNE informed the Congress of the Republic of its position on this issue, in the sense that the call for all referendumincluding constitutional reform, must continue to be the power of the electoral body.
Thus it was noted that the JNE It is the one that has the technical capacity to evaluate the various aspects involved, both the call for an electoral process and the referendum, as well as the procedures in charge of the electoral bodies and the deadlines required to carry out the activities prior to the act. electoral.
