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October 26, 2022
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Constitutional Court rejects request from Congress to interpret article 117 of the Constitution

Constitutional Court rejects request from Congress to interpret article 117 of the Constitution

The (TC) will not rule on the request of the Congress of the Republic to interpret article 117 of the Constitution, which specifies the grounds for which the President of the Republic can be accused.

Parliament’s request was processed last week within the competition process that it previously filed against the Judiciary for a precautionary measure that ordered the paralysis of the process of electing the Ombudsman.

Yesterday, after the plenary session of the Constitutional Court met, this jurisdictional claim was unanimously admitted for processing, but the brief expanding the petition for the interpretation of article 117 of the 1993 Magna Carta was declared inadmissible.

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Through a press release, the court specified that said instance “does not have advisory powers and pronounces itself in accordance with the Constitutional Procedural Code in a litigation or process that meets the basic requirements, that is, specific affectation of the attributions of another power of the State and identities of conflicting parties”.

According to the court, none of these situations is met in the aforementioned extension brief. In addition, he recalls that the Parliament’s request to interpret article 117 of the Constitution was made in light of the complaint by the National Prosecutor, against the president for the alleged crimes of criminal organization, influence peddling and others.

On the other hand, with respect to the protection process proposed by Congress regarding the procedure for electing the Ombudsman and other cases linked to the powers of the Legislature, it was reported that the Constitutional Court will transfer the claim to the Judiciary so that he complies with acquitting her within the term of law after which a public hearing will be convened.

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