Congress: submit bills to be able to constitutionally indict heads of electoral organizations

Congressmen Patricia Juarez, from strength of the people and Elvis Vergara from popular promotion, introduced yesterday, Thursday, two separate reform bills Article 99 constitutions and include chapters electoral bodies among senior officials who may be accused constitutional parliament.

It should be noted that these legislative initiatives were submitted less than a week after Constitutional Court (CC) make public the decision on the jurisdictional action that the Legislature brought before the judiciary, and that admonishes Congress to amend said article of Magna Carta as well as the Ordinances of Parliament “in accordance with (…) the decision and case law” of the Constitutional Court.

What do the presented legislative drafts say?

congresswoman project Juarez Gallegos filed in Parliament at 11:47 yesterday and is proposing constitutional reform of Article 99 of the Magna Carta to indict the heads of the National Electoral Jury (JNE), the National Office of Electoral Processes (ONPE) and the National Registry. identification and civil status (Reniec)” for violation of the Constitution and for any crime committed in the exercise of one’s functions.”

In support of her project, parliamentarian Fujimori rightly pointed to the recent exhortation CT to reform said article of the Constitution, for this reason it was stated that the initiative “responds to the call made by the supreme body for the control of constitutionality”.

So the congresswoman Juarez points out that political “bias” is a “functional prerogative” enjoyed by certain officials.

“(Which) is not an advantage, but a special duty that only certain high-ranking officials have, for which they can be held politically responsible and punished in accordance with the committed political offense or constitutional violation,” the text states.

In this sense, he argues that representatives of electoral bodies should have the same prerogatives as other senior officials.

“While senior officials such as the President of the Republic, ministers, congressmen, members CT And JNJthe chief judges and chief prosecutors, and the heads of the Office of the Defender and Comptroller, have the prerogative (…) of pre-trial and impeachment, there is no reason why they do not have the same attitude as the prerogative and duty of each member of the plenary JNE regardless of whether they come from the judiciary or from the public ministry, ”the congresswoman’s draft states.

On the other hand, the actiopopulist congressman’s project Elvis Vergara was introduced at 3:45 pm yesterday, and also proposes a constitutional reform of Article 99 so that representatives of electoral organizations can be subject to the constitutional charge of “political prejudices”.

Amendment of the constitutional text establishes that the Permanent Commission is responsible for the prosecution before the Congress of members JNE, ONPE And Renets “for any crime which they commit in the exercise of their functions, and for a period of five years after their termination.”

“Importantly, this initiative will strengthen the constitutional order and guarantee the effective implementation of democratic values. It is widely known that a large number of high-ranking civil servants were directly or indirectly involved in the investigation of crime cases. against government,” the congressman’s proposal reads.

In this sense, Vergara Mendoza also refers to a recent court decision CT justify your legislative initiative.

“The Constitutional Court, on February 23 this year, ruled on a jurisdictional action (…) In said judgment (…) it decided and called on the Congress of the Republic, by a majority of 5 votes, to amend article 99 of the Constitution, as well as its regulations, to include members JNEboss ONPE and head Renets” refers to the text.

Similarly, a Popular Action congressman states that in this way “conformity with democratic values ​​will be guaranteed.”

“The political control exercised by the Congress of the Republic on this proposal for constitutional reform will contribute to the improvement of the electoral system and our legal system as a whole, will guarantee the effective implementation of democratic values ​​and will serve to reduce the level of crimes against public administration,” the proposal emphasizes.