The Constitutional Court (TC) unanimously admitted the claim of unconstitutionality that the Executive Power presented against the law that interprets the question of trust and that limits the scenarios in which this figure can be used.
The document that had been entered last week by the public prosecutor specialized in constitutional matters of the Ministry of Justice, Luis Huerta, requests that the rule be declared totally unconstitutional “for reasons of form and substance”, on the grounds that It contravenes provisions of the Constitution and the Organic Law of the TC.
In statements with this newspaper, Huerta said he hopes that Congress will not take the 30 business days to respond to the lawsuit, so that the TC can present a ruling as soon as possible.
“Ideally, the Legislature does not take full time. It already has all the elements to respond, in addition there is an issue of responsibility, because this is an issue that generates uncertainty, “he said.
If the terms are shortened, Huerta estimated that the public hearing could be in December and the ruling of the TC would be known no later than the beginning of January.
For this unconstitutionality appeal to be approved by the TC, five votes are needed. Today in this collegiate there are only six members after the death of magistrate Carlos Ramos. In that sense, the Executive has it complicated.
It should be noted that the lawsuit specifies that the law that was voted in the plenary session contravenes two previous judgments of the TC itself, of 2018 and 2019.
In 2018, the issue of limits to the question of trust was analyzed for the first time by the TC due to a process of unconstitutionality filed against an amendment to the Congress Regulations.
On that occasion, the collegiate pointed out that the question of trust “has been regulated in the Constitution in an open manner, with the clear purpose of offering the Executive Power a wide field of possibilities in search of political support from Congress, to lead to carry out the policies that its management requires ”.
In the complaint, the Executive adds that “this same line of interpretation was followed by the Court in a subsequent ruling (that of 2019) on the constitutional dissolution of the Congress of the Republic, in which it recognized that the power of the Executive Power to raise a question of trust is discretionary ”.
The rapporteur for this case is Judge Eloy Espinosa-Saldaña Barrera. ❖
Arguments of the plaintiff
The claim of unconstitutionality maintains that the law of Congress is contrary to the American Convention on Human Rights and the Inter-American Democratic Charter, “in accordance with the interpretation made by the Inter-American Court of Human Rights on the relationship between the separation and balance of powers, the democratic system and the respect and guarantee of human rights ”.
