Jáuregui: He confirms that the president can call a referendum under the constitution

“The wording of the Constitutional Procedure Code is flawed and the words used are inconsistent with the spirit of the Constitution.”“If you apply constitutional supremacy, the constitution applies and Lucho (Luis Arce) can make the call,” The Chairman of the Constitutional Council said House of RepresentativesJuan José Jauregui.

On July 10, the representative filed an abstract unconstitutionality lawsuit against Article 152 with the Plurinational Constitutional Court (TCP). The Constitutional Procedure Code, as it is inconsistent with Article 411 of the country’s political constitution,”Limit the president’s powers” to promote partial reforms of the constitution.

“Article 152 of the Constitutional Procedure Act is subject to The undersigned appealed the Constitutional Abstractunderstanding that the Code of Constitutional Procedure gives a different meaning to the scope of article 411, second paragraph, of the National Political Constitution, ”explained Jaúregui.

The TCP acknowledged the action on 16 July.

Furthermore, the representative questioned the last paragraph of article 23 of Electoral Law No. 026, which states: “Incorporating extra-constitutional conditions into the requirement for prior activation ignores the powera prerogative possessed by the People’s President of Bolivia, and ignoring the literal wording of the second paragraph of Article 411, incorporates factors limiting the possibility that the President can also call for such events.

The above paragraph states that “partial reforms of the political constitution of the country can be initiated by a popular initiative and signed by at least twenty percent (20%) of the electorate. or the Plurinational Legislative Assembly passes the reform law The Constitution is ratified by two thirds (2/3) of the members present at the meeting. Approval of any partial reform would require a constitutional ratification referendum by an absolute majority of the current members of the Plurinational Legislative Assembly.”

At the 199th anniversary of Bolivia’s independence, The president proposed a referendum whether to maintain hydrocarbon subsidies, the distribution of seats in the Plurinational Legislative Assembly (ALP) and clarifying the nature of the president’s re-election.

According to Jawuregui, referendum on hydrocarbon subsidies No further procedure is required other than issuing an appeal through a presidential decree;However, the seat issue warrants constitutional reform.

“My appeal demonstrates that the scope of Section 411(2) of the Constitution must be understood and the wording of Section 152 of the Constitutional Procedure must be adjusted to the scope of Section 411.. The President can therefore act in this manner without further procedure than that required by the Constitution.“, he insisted.