A Constitutional complaint was filed against the 79 congressmen who voted in favor of Law 21355, which interprets Articles 132 and 133 of the Constitution, establishing limits to the figure of the question of confidence, generating an imbalance of powers between the Executive and Congress. Said accusation was presented by the criminal lawyer Guillermo Olivera Diaz on Wednesday, October 27. The theme will also be seen in the Constitutional Court (TC).
“It is not only an approval of the Congress that was given on October 19, that same approval was also given on September 16 of this year when it was approved and the autograph was sent to the Republic President, who observed it and after those observations in the internal proceedings of the Parliament his approval was produced by insistence. (…) Thus the constitutional figure of the question of trust is left and extinguished, I call it the law of the funnel: the width for the Congress and the narrow for the Executive”, Declared to Exitosa.
On October 9, The Constitutional Commission of Congress approved the opinion of insistence of the law of interpretation of the question of trust, which establishes that the Executive It may raise a question of trust only in matters within its competence, related to its government policies. On Tuesday night, the initiative was approved in the plenary session of Parliament with 79 votes in favor, 43 against and 3 abstentions..
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In this sense, Guillermo Olivera Diaz pointed out that Congress has broken the balance of powers established in the Constitution: “Congress leaves untouched its functions of interpellation and censorship of ministers and the vacancy of the president, that is not touched and remains intact. Instead, what the Constitution had as a counterweight, which is the question of trust, has been eliminated by this legislative monstrosity called Law 21355 ″, he explained.
Theme will also be seen in the TC
On October 23, The Government presented before the Constitutional Court the claim of unconstitutionality against the law approved in Congress and that limits the question of trust. The document requests that the rule be declared totally unconstitutional “for reasons of form and substance” under the argument that it contravenes provisions of the Constitution and of the Organic Law of the TC.
For his part, Magistrate of the Constitutional Court (TC) Eloy Espinosa-Saldaña was chosen as the speaker who will hear the unconstitutionality lawsuit presented by the Executive against the Congress of the Republic, around the project that regulates the question of trust. This Thursday 28 will proceed to notify Parliament of the admission of the claim, which meets all formal requirements.
