Referendum Law: The Constitutional Court Declares Unfounded the Challenge against the Unconstitutionality of the Executive Branch

The Plenum of the Constitutional Court this Wednesday ruled unfounded the statement of the executive branch about the unconstitutionality of Law 31399 according to which the Chairman of the Council of MinistersAnibal Torresraised the issue of confidence, which was also dismissed by the Congressional Board.

“The Plenum of the Constitutional Court, by a majority vote, found unfounded the statement of the executive branch on the unconstitutionality of Law No. 31399, which strengthens the process of approving laws on constitutional reform, regulated by articles 40 and 44 of Law No. 26300 “Law on the rights of civil participation and control. The Tax Code conducts an exhaustive analysis of Law 31399 and decides that the norm does not contradict the Constitution,” the statement says.

This law, approved by Congress, confirms that any initiative put to a referendum must first pass through Congress. This is in the order of article 206 Constitution.

“As for the Constituent Assembly, the TC, as the guardian of the Constitution, warns that Congress may give it a constitution as an alternative to legitimize the reform processes. However, as long as there is no explicit provision in the Constitution, this is an illegal alternative and is possible only as a result of an action contrary to the law, ”says another part of the verdict.

This judgment was handed down by Justices of the Peace Francisco Morales Saravia, Luz Pacheco Zerga, Gustavo Gutiérrez Tixe, Hélder Domínguez Aro and Manuel Monteagudo Valdes. Judge Cesar Ochoa Kardic voted unanimously in favor of the suit.

What did the performer require?

November 17 Chairman of the Council of Ministers, Hannibal TorresTogether with the ministers of state, they raised the question of confidence before the Congress of the Republic, so that Parliament would approve executive branch initiative to repeal Act 31399who defends the Constitution to limit the referendum.

“Keep in mind that the law we are asking for repeal, 31399, is ordinary law, not constitutional law. Also be aware that a law that has been overturned by the Constitutional Court or is unconstitutional may be repealed. The fact that the Constitutional Court declares that the constitutionality of the law does not mean that it cannot be repealed, as some authoritative constitutionalists between quotes have argued,” the prime minister said.

A week after that, the Congressional Board of Directors took action and decided to dismiss the trust issue entirely. Congress President, Jose Williamc, said that this mechanism “must comply with the current constitutional and legal requirements in our rule of law state.”

“The Board of Directors, by a majority vote, agreed to categorically reject the issue of confidence raised by the Chairman of the Council of Ministers, since this is prohibited by raising a question of confidence, as established by the Constitutional Court. urged the Council of Ministers to strictly observe the constitutional and legal parameters for raising the issue of confidence,” he said.