A matter of trust: experts agree that the government’s request is a political position and not viable

Chairman of the Council of Ministers, Hannibal Torressubmit the issue of confidence to Congress for discussion and vote on the draft Executive which seeks to abolish the rule governing said constitutional mechanism. This concerns bill 1704/2021-PE, which has been under consideration by the committee since April last year.

This comes in the context of a prime minister being interrogated for speaking out against a journalist. san carreno, non-acceptance under the legal guardianship of Pedro Castillo and a few days after arrival Mission of the OAS in the country. What do experts say about this trust release announcement?

Political move without legal force

In statements from RPP Noticias, experts agreed that Anibal Torres’ approach is a political move in the current standoff between the government and Congress.

Constitutionalist Eric Urbina, noted in a dialogue with RPP News that this measure is a political action, since the executive branch intends to repeal the current law “which was valid at the constitutional level by the Constitutional Court.”

This is because the law 31355 was declared constitutional. “Then there is no question of means, I believe that the executive branch acts politically and not legally,” said the constitutionalist.

“It will depend on the legal analysis and the decision of the votes, Law 31355 there is a regulation of the issue of trust only in state policy that does not undermine the Legislative power and the control team, ”he said in News RPP.

In the same vein, he spoke Marisol Perez Tello, who stated that the issue of confidence was not a legally viable way to correct the “unconstitutionality of the rule”; He also kept RPP TV that the government should have filed an unconstitutionality suit to repeal said law, which they believe harms them.

For his part, the constitutionalist Domingo Garcia Belaunde stated that the mistake of Congress was not to discuss the draft submitted in April of this year in order to avoid such a scenario, despite the fact that he considers this a bad symptom.

Axis 6, a strong government argument?

“The issue of trust actions is raised in public policy, not in the discussion of the bill. That’s why, clumsily and with some skill, they tried to link this project to axis 6 of their approach in government, which has to do with the strengthening of democracies,” said Pérez Tello. Things as they are.

Ministers, especially Betsy Chavez (Culture), pointed to the Axis 6 Argument, stating that the issue was raised not by constitutional reform but by said axis of government.

O, Domingo Garcia Belaunde He assured that this is approved by a supreme decree approved by the executive branch, and therefore Congress should not pay attention to it.

“You cannot ask with a question of trust parliament to vote for constitutional reform is absurd. It’s limited, what Congress has done is the best it can do. What is happening now is that they want to make things loud,” he said.

Distraction before questions to the prime minister

Pérez Tello cited the measure as intended to divert attention from the comments. Hannibal Torres against a journalist Sol Carreno and an OAS visit to Peru. In this regard, the criminal defense lawyer Caesar Azabache announced on the show Everything is known that the head of the Cabinet seeks to change the face of the government as part of an international visit, and called the issue of trust “nonsense.”

“Since it doesn’t make sense, it can only serve as a distraction to change the subject. must go [Aníbal Torres] for disqualification for violating the Constitution,” he said. Likewise, he indicated that Congress should debate it, vote on it, and reject it, since the executive branch could not determine the direction of the vote.

In this regard, the constitutionalist agrees Eric Urbina in which the closest scenario is that Congress manages to override the executive’s request for a vote of confidence to the point where it won’t even vote in the background because “it’s against existing law”. Although, if this happens, it will take one and a half plus one of the congressmen present for the reception.

“It will depend on the legal analysis and the decision of the votes, Law 31355 acts and regulates the issue of trust only in public policy that does not undermine the Legislative branch and the control team, ”he said in RPP News.

On the other hand, constitutionalist Domingo Garcia Belaunde said that Parliament can put it on the agenda immediately “So far it has been a well thought out question of trust.” “As a courtesy, see the draft, it is discussed at the plenary session, it is in the archive (…) The Congress manages its agenda, the cabinet cannot hold plenary meetings without the permission of the Congress.”, he added.

“What the executive branch should do is insist and request a congressional hearing so that the draft can be discussed. It seems to me, but to raise the question of trust so that they approve me yes or yes this is manipulation”, he commented. Everything is known.