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December 2, 2022
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TC grants precautionary measure to Congress against denial of confidence

TC grants precautionary measure to Congress against denial of confidence

The Constitutional Court admitted for processing the jurisdictional claim filed by the Congress of the Republic to clarify whether, as the Executive alleges, the question of confidence that .

And, in addition, the maximum interpreter of the Magna Carta granted the precautionary measure of Parliament to suspend the effects of any decision adopted by the government of Pedro Castillo for interpreting a rejection of trust. The Executive has 30 days to provide his defenses.

there was no refusal because it was the Board of Directors, and not the Plenary, which was in charge of not admitting the question of Torres’s confidence when warning that it violated the “exclusive powers” of Congress.

A week ago, the then head of the Ministerial Cabinet resorted to this mechanism seeking to repeal Law No. 31399 that Congress approved by insistence in January of this year and that regulates the referendum tool to promote changes in the Constitution without first going through the Parlament.

TC grants precautionary measure to Congress against denial of confidence

In fact, clarifying that all referendums must be approved by Congress, by virtue of article 206 of the Constitution.

Now, Parliament filed the jurisdictional claim to prevent the Executive from resorting to a new question of confidence that, if rejected, would be interpreted as a second refusal and open the possibility of the Legislative being dissolved.

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