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November 30, 2022
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Presidential vacancy: What is the procedure after its presentation in Congress?

Presidential vacancy: What is the procedure after its presentation in Congress?

Third try. After collecting signatures for several months, Congressman Edward Málaga (not grouped) officially presented today the vacancy motion against the president . The document has the support of 67 legislators from different benches and calls for the dismissal of the head of state under the grounds of permanent moral incapacity, protected by article 113 of the Political Constitution.

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Motion No. 9904 is based on three parts: in the first it refers to the “takeover and dismantling of the state apparatus through the appointment of senior officials with serious questions.”

Secondly, it indicates the ongoing investigations carried out by the Public Ministry, “in which it is strongly suggested that the head of state leads a criminal organization.”

In addition, as a third point they address the “direct manifestations of immorality” of “such as academic plagiarism and personal concealment, faults that in themselves more than justify Congress removing him from office,” the document states.

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What is the term and procedure of a vacancy motion?

  • The request is formulated through a Motion for the Agenda signed, at least, by 20% of the legal number of congressmen present, that is, 26 signatures. This document sets out the factual and legal foundations on which it is based and the documents that prove it.
  • Then, in the following plenary session, the admission of vacancy is debated and voted on, for which the vote of 40% of congressmen is required, about 52 votes.
  • Immediately, the national representation agrees on the day and time for the debate and vote on the vacancy request.
  • In the scheduled session, the president will have the right to make his defense together with a lawyer for a period of 60 minutes.
  • The vacancy agreement requires a qualified vote of no less than two thirds (2/3) of the legal number of Congressmen, that is, 87 votes.

Thus, in less than 16 months of government, He will face a third impeachment attempt by Parliament. The first motion was presented by Patricia Chirinos (Avanza País) in December 2021 and the second was promoted by Jorge Montoya (Popular Renewal) in March of this year, however, none managed to gather the required votes.

Given this, Edward Málaga affirmed that there are congressmen who did not sign the current vacancy motion, but who would join to achieve its admission and subsequent approval. It easily exceeds the 87 votes required “he clarified at a press conference.

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