In the Peruvian political system, when a sitting congressman dies, the law establishes a clear and formal procedure to appoint his replacement, known as an accesitario. This process, although based on pre-established rules, is of vital importance to guarantee the continuity of parliamentary representation and the correct functioning of the Legislative Branch.
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The starting point of the process is the declaration of vacancy by the Congress of the Republic. Following the regrettable loss of a congressman, Parliament, as the institution responsible for ensuring the compliance of its members, must declare the seat vacant.
This is an essential step that allows the formal procedures to begin to replace the deceased congressman and ensure that the total number of legislators remains the same as that elected by the citizens.
Once the vacancy has been declared, the next step is Formal communication to the National Elections Jury (JNE). Congress issues a letter to this entity, which is the body in charge of administering the electoral processes in the country. This document requests that the entity designate the corresponding alternate to occupy the vacant seat.
In this case, the JNE uses the General Act of Proclamation of the 2021 General Elections, which contains the official list of elected congressmen and their substitutes, that is, the substitutes who obtained a considerable vote, but not enough to occupy a position in Congress directly.
Once this step is completed, the institution issues a resolution in which the alternate is formally accredited as a congressman of the RepublicThis document is of utmost importance, as it grants the new legislator the rights and duties corresponding to the position, allowing him to assume his role immediately.
With the accreditation in hand, you must appear before the legislature to carry out the swearing-in ceremonyThis process will take place in a plenary session, where the new congressman swears or promises to comply with the Constitution and the laws of the Republic, as well as to exercise his office with loyalty to the country and its citizens. From this moment on, the successor has the same rights and responsibilities as any other elected parliamentarian.
FACT:
Following the death of Congressman Enrique Wong on Saturday, July 13, Ariana Orué Medina, 30, became a member of parliament.
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