TC admits in less than a month demand to restore re-election of congressmen

(Andean)

The Constitutional Court admitted in less than a month a claim of unconstitutionality that seeks to restore the re-election of congressmen, despite the fact that in 2018 more than 13 million Peruvians opposed the return of parliamentarians to the Legislative Branch.

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Regarding the non-reelection of congressmen, the National Office of Electoral Processes (ONPE) concluded that 13,598,123 voters (85.81% valid votes) voted in favor of “Yes”, while 2,248,887 (14.19%) were in favor of not modifying the magna carta.

This claim of unconstitutionality was filed by Jorge Lazarte Molina, founder of the conservative group Integridad por el Perú. Through this legal resource, it seeks to declare Law 30906, a constitutional reform law that prohibits the immediate re-election of congressmen, as unconstitutional.

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The lawsuit was filed on January 27, 2023, on behalf of more than 5,000 Peruvians and its admission to the Constitutional Court was scheduled for the February 21 session.

The tribunes cited a ruling from 2004 in the resolution with which they admitted the aforementioned unconstitutionality claim for processing. There they mention that if a constitutional law violates the Magna Carta itself, the Constitutional Court “is entitled” to evaluate the claim.

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It should be noted that Jorge Lazarte filed this claim of unconstitutionality with the support of constitutional lawyer Aníbal Quiroga. This lawyer represented Congress on several occasions in processes that began in the Constitutional Court.

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