Politics: TC would deny precautionary measure to the Executive, but would raise votes to approve


The Constitutional Court (TC) would deny the precautionary measure requested by the Executive Power to prevent the Congress of the Republic from debating the presidential vacancy this Friday, according to the presentation prepared by its president, Marianella Ledesma, who in turn will propose to raise the number of votes necessary to achieve the vacancy to 104, from the 87 currently required, according to “versions” reported by IDL-Reporteros.

IDL-Reporteros indicated that “it has been able to know that a first survey and verification of opinions, three magistrates were in favor of granting the precautionary measure: Marianella Ledesma, Eloy Espinoza and Carlos Ramos.”

Those who were against, according to the publication, were Jose Luis Sardon, Ernesto Blume and Augusto Ferrero. The deciding vote was to be that of Manuel Miranda. “This, as reported, was not in favor of giving the precautionary measure,” he added.

“Therefore, always according to the sources, Ledesma would have opted for the presentation that denies the precautionary but significantly raises the number of votes needed to vacate the President.”

The presentation will be debated this Thursday starting at 9:30 am and may undergo changes in the discussion according to the new circumstances.

Express procedure

The attorney of the Congress of the Republic, Manuel Pena, sent an official letter to the president of the TC stating that the admission of the precautionary measure by the Executive Power to stop the debate on the presidential vacancy this Friday, has been an “express procedure” .

Pena asked the TC to “proceed to respect the admission times”, presentation and decision established in articles 112 and 113 of the Constitutional Procedural Code.

According to this code, the TC must resolve the admission of the competence claim within ten business days following its filing date.

According to Pena, “taking into account that in this case the lawsuit was filed on September 14, 2020, it will only expire on September 28”.

In other words, Pena considers that the precautionary measure should be admitted only at the end of the term granted by law and not at any time “within ten business days following its filing date.”

“Being still 12 calendar days from the expiration date of the term of the constitutional Court To resolve on the admissibility of the jurisdictional claim filed by the Executive Power, it is not understood the express procedure that the presidency of the Constitutional Court wants to encourage him at all costs ”.

In this sense, Pena asks Ledesma to keep in mind the “opposition” filed by the Public Prosecutor’s Office of Congress because it considers that the precautionary measure presented by the Executive “should be analyzed, debated and resolved without undue haste or notoriously biased that may negatively result in the legal correction of the decision adopted.”

It also affirms that “a weighted and thorough reflection on the issues raised must be ensured, impervious to the negative impact on impartiality that the currently existing political and media pressure could cause, especially in the face of public opinion.”

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