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Peru: Constitutional Court puts to vote competence claim over presidential vacancy

Constitutional Court (TC) Chairwoman Marianella Ledesma. Photo: ANDINA.

Constitutional Court (TC) Chairwoman Marianella Ledesma. Photo: ANDINA.

16:19 | Lima, Nov. 18.

The Constitutional Court (TC) put to vote the competence claim over the presidential vacancy on the grounds of permanent moral incapacity.

After hearing the arguments presented by attorneys from the Executive and Legislative Branches, as well as the answers to the questions posed, Constitutional Court Chairwoman Marianella Ledesma stated that the cause (for permanent moral incapacity) was put to vote.

State Attorney for Constitutional Issues Luis Huerta remarked that the aim of the claim is that the highest judicial body in the country can specify and determine the scope and constitutional grounds for the impeachment.

According to Huerta, this will provide the basis to guarantee the exercise of powers that the Constitution grants to the Executive Branch to lead the country, by avoiding it is used in an arbitrary manner.

The presidential vacancy is not a sanction mechanism and should be limited to objective situations, he added.

For his part, Congress Attorney Manuel Peña stated that the TC is authorized to resolve conflicts that are ongoing, and not those that do not exist anymore or have disappeared in the process.

To date, he argued, the conflict that gave rise to the competence claim has disappeared, as such impeachment request was rejected by Congress' plenary session.

It must be noted that the Constitutional Court will deliberate on the case on Thursday, November 19.

(END) VVS/CVC/RMB/MVB

Published: 11/18/2020