Today, the Plenary of Congress will debate the report of the Justice Commission that proposes to remove the members of the National Board of Justice (JNJ) for alleged “serious reasons.” A fundamental issue that needs to be determined is whether a joint vote will be taken – that is, whether or not to remove the seven members of the JNJ – or whether it will be done separately.
This last option has gained strength in sectors that defend the departure of the magistrates because the bloc vote does not guarantee reaching the 87 votes required by the Constitution.
On the other hand, going one by one increases the chance that the Legislature will agree to save some and condemn others.
Above all, the president of JNJImelda Tumialán, the vice president, Aldo Vásquez, and Inés Tello, who is in charge of the investigations of the actions of the National Prosecutor, Patricia Benavides.
Gladys Echaíz, from Renovación Popular, is the one who expressed herself in favor of the decision to personalize, for example.
In fact, during the debate in the Justice Commission, it has begun to suggest to the legislators that the responsibilities should be individualized. This is even though the agenda motion of Patricia Chirinos (Avanza País) proposes to remove everything, without distinction.
authoritarianism. Congress demands the strength of votes to control other powers. Photo: scattering
“The removal proposal cannot be debated individually because the order of the Plenary to the Justice Commission refers to all members of the JNJ. In addition, let’s not forget that no report was debated in the Plenary because within the deadline given by the commission, nothing was approved,” warned the lawyer of Dr. Tello, constitutionalist Omar Cairo.
Cairo cited the fact that the commission first prepared a technical report in which no “serious cause” was found in any of the five charges included in Chirinos’ motion.
However, the very angry congressmen decided to change the content of the document and, near the end of the deadline, they approved a report that found responsibility, even if “at the expense of writing.”
In other words, they voted for a report that, in practice, did not exist.
Imbalance of power
Of the five charges, there are three that, according to the legislators, constitute “serious reasons”: for the statement of the case of the former prosecutor of the State, Zoraida Avalos; for the interpretation of the maximum age limit for joining the Board; and for the delay in presenting annual reports.
The underlying problem – as noted by various experts – is that what is meant by “serious reason” is not defined. This loophole allows the Legislature to justify the arrest of JNJ under any pretext and by a simple sum of votes.
“Congress did not fulfill its role in regulating or classifying the cause, they are guilty. However, those who are equally guilty of not fulfilling their legislative function, are now seeking to use the withdrawal of JNJ members,” warned the former JNJ president. Constitutional CourtMarianella Ledesma.
Ledesma added that the method of Congress affects the principle of legality, where there is no sanction if the conduct is not established by law.
“To act against this basic legal principle is to change the legal security and the guarantees of due process,” said Ledesma.
He warned that Congress will change the balance of powers by trying to intervene in the composition of the members of the JNJ, using justifications that have no legal content.
“The parliamentary coup is imminent”
Marianella Ledesma pointed out that the constitutional order has been changed in recent decades by legitimately elected authorities. “A coup can be triggered when Congress intervenes and removes the members of another body of State, preventing and interfering with the exercise of its constitutional powers. The goal is to take full control of the state apparatus and the constitutional order to maintain itself in power, and control the basic institutions, such as the judicial system and the electoral system. After Castillo’s self-coup, we see that the parliamentary coup is approaching,” warned the former TC president.
Parts. The JNJ is responsible for appointing and approving judges prosecutors and heads of electoral institutions, such as ONPE and Reniec. It is therefore warned that the real intention of Parliament is to control the next general election.