Constitution Commission rejects question of confidence of the Executive
Ruth Luque raises a preliminary question for the decree to archive the PL
Ruth Luque, congresswoman for Democratic Change, raised a previous question about the Archive Decree regarding Bill 1704/2021-PE, which proposes to repeal Law No. 31355.
Congressmen such as Lady Camones, Hernando Guerra García, Gladys Echaíz, are against said preliminary question. On the other hand, Waldemar Cerrón, Jaime Quito, and Alex Paredes are in favor.
Legislators show positions on the issue of trust
Congressmen Wilson Soto, from Popular Action, and Jaime Quito, from Peru Libre, were in favor of shelving the government project that insists on seeing the Executive’s bill that proposes to repeal Law No. 31355, a rule that limits the same issue of trust.
Both parliamentarians consider that what is stated by the Constitutional Court cannot be changed, an entity that declared the Executive’s action for amparo unfounded. However, legislator Ruth Luque, from Cambio Democrático, pointed out that “not all of the Court is immovable.”
Debate begins to file a matter of confidence of the Executive
“This request for us lacks constitutionality and we ask that it be shelved outright,” said Guerra García. In addition, he recalled that Law No. 31355 was ratified by the Constitutional Court by declaring an amparo action by the Executive unfounded.
After giving his arguments on the bill presented by the Executive, Hernando Guerra García begins the debate of the members to vote on the file of the initiative that seeks to repeal the question of trust.
Nano Guerra: “There are 337 bills in the Constitution Commission
Hernando Guerra Garcia initiates session of the Congress Constitution Commission with 22 congressmen present. Before delving into the topic of the agenda, the head of the commission points out that there are 337 bills in the commission.
“It should be noted that the previous period managed to advance with many of these projects (…) If President Pedro Castillo and the first Aníbal Torres should analyze the number of projects,” he says.
In addition, Nano Guerra García pointed out that the bill “was not urgent” so it was not seen in the commission before.
Constitution Commission delays session scheduled on agenda
The Constitution Commission of Congress was scheduled to start with a session this Friday at 11:30 am to file a bill presented by the head of the Council of Ministers, Aníbal Torres, to repeal the law that limits the question of trust.
According to the agenda, the working group was going to start with the Archive Decree regarding Bill 1704/2021-PE. However, it is almost 30 minutes late.
According to the agenda of this working group, an extraordinary session will be held this Friday in blended mode. The commission has The only point is the Archive Decree regarding Bill 1704/2021-PEwhich proposes to repeal Law No. 31355, regulated in the last paragraph of Article 132 and in Article 133 of the Constitution.
This rule provides that the prime minister, or a minister, can make question of confidence only in matters related to the general policy of the Government. Furthermore, he claims that does not proceed with measures related to the approval or constitutional reforms“nor those that affect the procedures and the exclusive and excluding powers of Congress or other autonomous bodies.”
According to the document prepared by the Constitution CommissionLaw 31355 “does not suffer from any formal or substantive unconstitutionality.”
“If the Executive cannot observe a constitutional reform law, least it can make question of trust of a project that contains it (…). The Government cannot force Congress to approve initiatives of any kind, much less consider them factually denied (…), the law challenged in this case only restores the balance of powers established in the Constitution,” it reads.
Knowing this answer, Hannibal Torres warned: “The issue of trust is not raised, there is still no question of confidence, but Congress has already declared inadmissible to one question of confidence nonexistent. He has declared an inadmissibility out of the blue.”
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