Peru: Executive Branch files claim against confidence motion

Photo: ANDINA/Andres Valle

Photo: ANDINA/Andres Valle

14:18 | Lima, Oct. 22.

The Executive Branch on Friday filed before the Constitutional Court (TC) an unconstitutionality claim against Law 31355, which interprets the motion of confidence regulated by articles 132 and 133 of the Political Constitution.

The document was submitted before the TC by the State Attorney specialized in constitutional matters, Luis Huerta, under the protection of articles 47 and 203, subparagraph 1 of the Constitution.

Huerta requested that the measure be admitted so as to continue the process and achieve the nullity of the authentic interpretation law approved by Congress.

The claim questions the constitutionality of the aforementioned law for contravening articles 43, 102, 118, 132, and 133 of the Constitution.

Therefore, it requests the Constitutional Court to declare the total unconstitutionality of the bill —over reasons of form and substance— since it contravenes the following provisions of the Political Constitution and the Organic Law of the TC:

- Article 43 of the Constitution, which recognizes the principle of separation of powers. It includes the equilibrium and balance between the Executive and Legislative Branches.

- Article 102, subparagraph 1, of the Constitution, on the competence of Congress to interpret laws.

- Article 118, numeral 3, of the Constitution, which recognizes the competence of the Executive Branch to lead and execute the government's general policy.

- Articles 132 and 133 of the Constitution, on the issue of facultative confidence.


Published: 10/22/2021
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