Once the jurisdictional claim and the precautionary measure have been submitted by the Congressthe controversy about the validity or not of the denial of the first question of confidence that the Executive assumed is in the field of the magistrates of the constitutional Court (TC).
Meanwhile, the head of the ministerial cabinet, Betsy Chavezyesterday declared to the media and ruled out that the Government is going to process a second question of confidence.
“We do not plan to file any second confidence issues. We believe that today, more than ever, dialogue is important; tensions need to be lowered neither closure of Congress nor vacancy”, he commented, upon arrival at the venue of the Congress.
Already at night he insisted on this position: “There was a shadow, since Monday, on a second question of confidence, when approving the budget, it is cleared. We are the ones most interested in a balance of powers,” she stated.
During the day, the premier sent letters to all the benches, requesting to hold dialogue meetings.
The minimum agenda proposed by Betssy Chávez contemplates six thematic axes, among them the “review and adaptation of the mechanisms of political control, which guarantee an adequate balance of powers enshrined in the Constitution”.
The premier stresses the proper balance of powers “will be agreed upon through an inter-institutional dialogue with the participation of political and social organizations.”
His invitation, however, deserved the immediate rejection of the parliamentary groups of Alliance for Progress (APP) and Avanza Paíswhile only Cambio Democrático, a group related to the government, responded positively to the call.
Avanza País, in its response, states for the record that this bench has already filed a constitutional complaint against the cabinet led by Aníbal Torres and which includes Betssy Chávez, due to the interpretation they made of assuming the first question of trust as denied.
“The interpretation of the refusal of confidence, contrary to the law, that you and other members of your cabinet have made, must have as a consequence your dismissal and disqualification. Due to these reasons, we inform you that we have decided not to attend the proposed meeting”, is the answer.
From the APP store, spokesperson Alejandro Soto was responsible for announcing that they will not attend to the invitation.
“I have to consult with the bench, but I don’t think we are going to attend, coming from a person who we intend not to trust. As long as Aníbal Torres is there, who has gone from captain to sailor, there can be no dialogue”, he told the media.
Dialogue. Chávez rules out the second question of confidence.
Lawsuit under review
The political temperament between the opposition and the pro-government party, which up to now has not generated signs of truce, now leads us to focus on the Constitutional Court (TC).
The Plenary of the TC meets this Thursday and, according to sources consulted by this newsroom, the jurisdictional claim has not yet been included in the agenda for its admissibility review.
And it is that the demand was presented only on Wednesday and internally in the TC there are previous steps that must be fulfilled, according to the Manual of Processes and Procedures of the Jurisdictional Area.
The constitutional lawyer Gerardo Eto Cruz, who participates in this contest on behalf of Parliament, estimated that the Plenary of the TC could be voting on the admission of the jurisdictional claim next week.
“From there, The TC already has the doors open to rule on the precautionary measurebecause resolving the jurisdictional claim is going to take months,” he said.
And it is that for the legislators it is key that the TC grant the precautionary measure, to block any attempt by President Pedro Castillo to take the second step towards the closure of the Congress of the Republic.
In dialogue with this newsroom, Gerardo Eto Cruz stressed that the jurisdictional claim emphasizes the fact that Aníbal Torres raised the issue of trustin relation to an organic law (on the scope of the right of participation and the referendum).
In this line, he maintained that this type of initiative is not within the power of the Executive, because it is an exclusive and exclusive competence of Parliament.
The constitutionalist Omar Cairo considered that The TC could declare the precautionary measure inadmissible, because Congress is requesting to suspend the effects of the minutes of the Council of Ministers, of the session of November 24but those effects do not yet have any legal effect.
Public attention now passes to the land of the TC.
On Monday they present a report on Dina Boluarte
The Subcommittee on Constitutional Accusations (SAC), chaired by Lady Camones (APP), will meet on Monday, December 5.
At said meeting, the final report of the constitutional complaint against the vice president of the republic, Dina Boluarte, will be presented.
The support of the report will be in charge of the legislator in charge of the Edgard Reymundo Mercado case. It will be this parliamentarian who will make the statement on whether or not to accuse Dina Boluarte, in the case of the signatures detected on behalf of the Apurímac club, when she was already serving as vice president.
From the opposition, in Congress, there is a sector that, long in advance, has seen in this process an opportunity to remove Dina Boluarte from office, as a step prior to the vacancy of President Pedro Castillo.
reactions
Omar Cairo, constitutionalist
“The precautionary measure of Congress is that the agreement of the Council of Ministers does not take effect. But that agreement has no legal effect. Therefore, the precautionary measure may be inadmissible”.
Gerardo Eto Cruz, defense of Congress
“Organic laws are matters reserved to Parliament and the Executive raised a question of confidence for a law of this type. The TC will decide if there is impairment in the functions of the Legislative Power.
