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LatinNews Regional Monitor: Andean Group - 15 October 2019

PERU: Top court to debate dissolution of congress

On 14 October the president of Peru’s constitutional tribunal (TC), Ernesto Blume, said that the country’s top body of magistrates would this week debate an appeal against the dissolution of congress by President Martín Vizcarra on 30 September.

Analysis:

The president of the permanent commission of congress, Pedro Olaechea, presented the appeal on 10 October, questioning whether Vizcarra’s action was in strict adherence with the constitution. Olaechea argued that the rejection of a motion of confidence requires a vote by the full congress. Vizcarra adjudged that the motion of confidence, tied to the appointment of TC magistrates by congress, had been rejected because congress initially ignored it and proceeded to appoint a TC magistrate in open defiance.

  • Blume said that the TC would first debate whether the appeal is actually legally admissible before considering whether the argument presented by Olaechea is valid. Olaechea refers to himself in the appeal document as the president of congress and not the head of a permanent commission of congress which took effect after the dissolution which he is challenging.
  • Vizcarra accused Olaechea of “usurping the function” of president of congress by signing the document as such. This point is significant because only the full congress not a permanent commission of congress is entitled to present a legal challenge of this sort.
  • Blume also said that the TC would debate whether to accept the designation of Gonzalo Ortíz de Zevallos as a TC magistrate by congress shortly before it was dissolved by Vizcarra. This could have a bearing on an eventual ruling by the TC on the legitimacy of Vizcarra’s dissolution of congress. Ortíz de Zevallos is Olaechea’s cousin, and his appointment was approved by the right-wing opposition Fuerza Popular (FP, Fujimoristas), which dominated congress.

Looking Ahead: The TC will debate both the admissibility of the appeal by Olaechea and the legitimacy of the appointment of Ortíz de Zevallos on 17 October. Vizcarra’s stance on the legitimacy of Olaechea’s appeal sits somewhat at odds with his public assertion that he would be prepared to abide by any ruling the TC might issue on the matter.

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