Constitutional Court will see precautionary measure against vacancy on Thursday, September 17
The Plenary of the Constitutional Court will evaluate the admissibility of the jurisdictional claim presented by the Executive against the motion for presidential vacancy, one day before the scheduled date for debate in the Plenary of Congress.
The Constitutional Court (TC) announced this Wednesday that tomorrow, Thursday, September 17, it will meet to see the admissibility of the claim of jurisdiction conflict and the request for precautionary measure presented by the Executive against the motion of presidential vacancy presented in Congress.
In the session, scheduled for 9:30 in the morning, the magistrate Marianella Ledesma Narváez, will present before the Plenary of the TC the arguments of the demand and the precautionary measure.
Likewise, the briefs presented by the public prosecutor of the Legislative Power by means of which she requests the inhibition in this case of the magistrate Eloy Espinosa-Saldaña Barrera will be put to the consideration of the Plenary.
The session will be remote and reserved with the participation of the magistrates who are members of the Collegiate, Marianella Ledesma Narváez (President), Augusto Ferrero Costa (Vice President), Manuel Miranda Canales, Ernesto Blume Fortini, Carlos Ramos Núñez, José Luis Sardón de Taboada and Eloy Espinosa-Saldaña Barrera.
On Monday, the Executive presented a competency lawsuit with a precautionary measure before the TC to determine how the cause of vacancy due to permanent moral disability used by the motion approved by Congress should be interpreted.
Days before, in an interview with RPP Noticias, the Minister of Justice, Ana Neyra explained that with this measure they will wait for the Constitutional Court to rule on the precautionary measure and would ask that until this body resolves the final demand, “no progress can be made with the process of the vacancy “. This, given the possibility that the head of state may be vacated on Friday 18 when he has been summoned to Parliament to give his defense.
After filing the lawsuit, the attorney for constitutional issues of the Ministry of Justice, Luis Huerta, considered it necessary for the Constitutional Court to specify what should be understood as permanent moral incapacity used by Congress to promote the presidential vacancy because this figure “does not it can be used as a political control mechanism. “
In an interview with RPP Noticias, the lawyer explained that the lawsuit is against “an act” of the Congress of the Republic, unlike an unconstitutional appeal that can be presented before a law and for which it must wait for it to be approved and promulgated in the official newspaper El Peruano.
The representative of the Ministry of Justice insisted that the Executive’s position is that Congress “is making an improper use” of its competence to declare the vacancy due to permanent moral incapacity, which is “endorsed” by the Constitutional Court. In that sense, he described as “absurd” that for some lawyers the admission of this jurisdiction claim should be declared inadmissible.