Andina

Peru: Constitutional Court ruling confirms rule of law existence

16:25 | Lima, Jan. 15.

The Constitutional Court's decision that declared unfounded the competency claim —concerning the dissolution of Congress on September 30— reaffirms the full rule of law existing in Peru, the Peruvian Society of International Law affirmed on Wednesday.

"The ruling confirms the legal certainty provided by the top jurisdictional entity in our country. These two fundamental characteristics are highly valued by the international community and foreign investment," said its Chairman Oscar Maurtua de Romaña.

He added that said decision underlined a day that leads to a positive start of the national year, relying on institutionality and inclusion.

TC Decision


The court voted by show of hands, with four members in favor of rejecting the appeal submitted by former Congress Chairman —and current Permanent Commission Chair— Pedro Olaechea.

Magistrates Eloy Espinoza-Saldaña, Manuel Miranda, and TC Chairwoman Marianella Ledesma supported the presentation of their peer Carlos Ramos, who backed the dissolution of Congress, saying the vote of confidence to the then-Cabinet led by Salvador del Solar was indeed denied on September 30, 2019.

On the other hand, Ernesto Blume, Augusto Ferrero-Costa, and Jose Luis Sardon voted against Ramos' presentation. To them, the claim should have been declared well founded.

In his speech, magistrate Ramos noted that the Executive Branch was competent to introduce a confidence motion to both propose reforms in the Constitutional Court organic law and postpone the election of the court members.

All this was due to a special political situation that the country was going through.

"The refusal of the confidence —requested by the Executive Branch— was clear given that Congress decided not to suspend such an act," he added.

(END) RGP/CVC/MVB

Published: 1/15/2020