Peru: Constitutional Court declares inadmissible competence claim on presidential vacancy

Tribunal Constitucional

Tribunal Constitucional

15:08 | Lima, Nov. 19.

By majority, Constitutional Court (TC) judges declared inadmissible the competence claim on the presidential vacancy on the grounds of permanent moral incapacity.


Said magistrates were Augusto Ferrero Costa, Manuel Miranda, Ernesto Blume, and Jose Sardon.

Meanwhile, Eloy Espinosa-Saldaña, Carlos Ramos, and Marianella Ledesma herselfas rapporteur on the case— voted for the claim to be declared admissible, as there has been an improper use of Congress' powers. Thus, the cause had to be regulated and generate a procedure with guarantees in order to avoid future social and political crises.

The TC head announced that the ruling will be published on Friday.

Ledesma said she did not share what was decided by the majority, taking into account that the task of magistrates is to interpret the rules, and that the Constitution has an open text. Thus, it is necessary to close discussions.

"It was time to at least settle the discussion," Ledesma expressed.

"We have lost the historic opportunity, as a Court, to issue a ruling that leaves a mark on the work of Congress members when they exercise the vacancy process," she added.

Ledesma also considered that it was the responsibility of the TC to set rules such as the increase in votes, or whether a vacancy should not be allowed during the last year of a presidential administration, or that the causes should be more limited.

(END) VVS/MVB

Published: 11/19/2020