The former president of the Constitutional Court questioned that the Integridad association files a lawsuit of unconstitutionality against a law that prohibits immediate re-election of congressmen.
The former president of constitutional Court Marianella Ledesma ruled on the unconstitutional lawsuit filed by the Integridad association against the law that prohibits immediate re-election of congressmen. In statements for La República, the former member of the TC questioned the initiative and stated that the magistrates of the supreme body “they cannot go against the will of the population” when considering that the decision of the non-reelection of parliamentarians was approved in 2018 through a referendum.
“This is not a formal aspect. This request for non-re-election was submitted to a referendum, which is a direct pronouncement of the population where they said no to re-election. Now what is intended with this demand is that five people who integrate the constitutional Court say that this law is unconstitutional in the face of a massive popular election. From there, I think it’s more than irrational. It is neither rational nor proportional that five magistrates of the CT say no to the popular will that was expressed in a referendum,” Ledesma told this outlet.
Regarding that criticism, he mentioned that the constitutional Court it cannot give a selective opinion of congressmen, but put into debate, in any case, the re-election of mayors, governors and presidents. For this, he said that the proposal has to be taken to a referendum and, in this way, to know if the population agrees or not.
“Let’s discuss the re-election of all the authorities that are elected by popular election. Mayors, regional government, congressmen and the President of the Republic, because we are going to have a selective discussion only by the congressmen. It is necessary to put in debate whether every person elected by election popular can be submitted to a re-election and that is what can be asked by referendum. All popular expression must be changed by referendum. As people they cannot be above the will of the population”, he sentenced.
Marianella Ledesma also specified that an alternative is to propose, within the electoral reforms, the shortening of the mandates of the congressmen who want to be re-elected.
“In any case, I propose that, if you want to go to re-election, that it be through a cut in terms. Two and a half years with positions that are re-elected, but that the position of the congressman be cut and associated with the re-election. So, that is a new reform, which is to cut the mandate, and not to the one that the people expressed themselves several years ago in the referendum,” he stressed.
