They file an appeal for unconstitutionality against the ban on parliamentary re-election before the TC

The first proposal submitted for bring forward the general election for December of that year, whose promoter was Congressman Fujimori Hernando Guerra Garciaincluded the term “complementary” which implied that the parliamentarians who would be elected would complete the period 2021-2026 and would therefore have the possibility of applying for a re-election.

However, this question was largely rejected by the national representation and this was reflected in the final vote: with 54 votes for, 68 against and 2 abstentions. Thus, the initiative of the President of the Constitution and Regulation Commission of Congress. Even if nothing is said.

It happens that the businessman Jorge Lazarte Molinafounder of the Integra association and former vice president of legal and corporate affairs at Intercorp Retail, filed an unconstitutional action against the ban on members of Congress from being reelected before the Constitutional Court. In the appeal, he argues that “no law can reduce fundamental rights such as the right to elect and to be elected without justification”.

Moreover, he states that “the Venice Commission It has shown that the impediment to the immediate re-election of civil servants makes sense for executive positions, but not for parliamentarians who act collegially”. He adds that the norm of non-re-election to parliament was approved without further debate after the threat of dissolution of the Congress due to a question of confidence raised on a subject which was not within the competence of the Executive power.

It should be remembered that in December 2018, a referendum promoted by the government of Martin Vizcarra vote on reforms to the political and judicial system. On this occasion, the population had to answer four questions:

Do you approve of the constitutional reform on the conformation and functions of the National Council of Justice, Before National Judicial Council?

– Do you approve of the constitutional reform which regulates the financing of political organisations?

Do you approve of the constitutional reform which prohibits the immediate re-election of the parliamentarians of the Republic?

Do you approve of the constitutional reform which establishes the bicameral in the Congress of the Republic?

The third question had a convincing result: 85% of the country approved the reform. With this, on January 10, 2019, former President Vizcarra signed into law the non-reelection norm in parliament.

the deputy Adriana Tudela (Country Advances) introduced a bill to shorten the duration of the congress and which allows the re-election members of the Congress of the Republic.

This is a law Project of constitutional reform in Articles 30 and 90-A of the Political Constitution of Peru which aims to modify the parliamentary term from five years to two and a half years, as well as to restore the re-election of members of Congress of the Republic. “Parliamentarians are re-eligible, immediately, for the same post”, is it mentioned in the bill.

“The number of members of Congress is one hundred and thirty. He Congress of the Republic He is elected for a period of two and a half years at the end of an electoral process organized in accordance with the law. Candidates for President of the Republic, as well as candidates for Vice Presidents, may concurrently be candidates for representation in Congress,” the proposed document reads.

Among the arguments put forward by the parliamentarian is the fact that on July 15 a similar initiative was discussed in the plenary session of Congress, which was accumulated in the proposal that restores bicameralism, however, the opinion is awaiting review.

For Tudela, it is necessary that the Legislative authority realizes that the political crisis will continue and that “the lack of representativeness in Congress is getting worse. The divorce between the population and its representatives must have an answer that allows citizens to demand accountability in a shorter time,” he said.