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TC Fails in Favor of Congress in Ombudsman Appointment and Sunedu Reform Contests

The Constitutional Court, by majority vote, settled several jurisdictional claims submitted by Congress. | Fountain: Andean

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The Constitutional Court (CC) settled this Thursday in its plenary session the claim of a jurisdictional conflict called the Case of Judicial Review of Decisions Congress of the Republic.

From the statement, the supreme interpreter of the Constitution understood that by this requirement the Congress of the Republic casts doubt on a number of judicial decisions by which they cannot elect an ombudsman.

Also exercise political control over high-ranking government officials and the chairman of the National Electoral Jury. In addition to issuing laws in accordance with Articles 102.1 and 107 (Sunedu Board of Directors Law).

Disclaimer Details

As specified, the jurisdictional action filed by the Legislature against Power of attorney it was found to have been established by a majority of 5 votes, and therefore the decisions taken under the amparo process that impede the observance of the procedure for the appointment of an ombudsman are null and void.

With the same number of votes, the Constitutional Court found justified the demand of the competition that Congress filed against Power of attorney regarding parliamentary inquiries into matters of public interest, therefore all the resolutions adopted under this amparo process that hindered the conduct of inquiries were null and void.

Also constitutional Court declared unanimously the jurisdictional claim they made from Legislative against him Power of attorney regarding the application of the reform of the Board of Directors of the National Authority for Higher University Education (Sunedu). In this regard, all resolutions passed through the amparo process are null and void.

From CT They also, by a majority of 5 votes, approved informing National Council of Justice the said sentence to “act in accordance with its powers with regard to the functional conduct of the judges, who granted the amparo and safeguards in respect of the exclusive political powers of the Congress of the Republic.”

They also approved, by a 5-vote majority, a call to the Congress of the Republic to amend article 99 of the Constitution, as well as amend its provisions to include members of the National Electoral Jury, head of the ONPE. and boss Reniec.

Under this article of Magna Carta, the Permanent Commission may indict before Congress the President of the Republic; representatives in Congress; government ministers; members of the Constitutional Court; members of the National Council of Magistracy; members of the Supreme Court; supreme prosecutors; Ombudsman and Comptroller General for violation of the Constitution and for any crime committed in the exercise of their functions and for five years after they have ceased to do so.

Source: RPP

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