Does the President Have the Power to Call a Constitutional Referendum in Peru?. ICONNECT

— Maria Bertel, Elise-Richter-Fellow (FWF), University of Innsbruck; Postdoctoral Research Fellow, Central European University[*]

On July 28, Peru celebrated 197 years of independence. On the occasion of this national holiday, the President of Perú, Martin Vizcarra, delivered the President’s Annual Address to the Nation. This was the first time the former Vice-President has given this address since he took power from the elected president Pedro Pablo Kuczynski (PPK), who stepped aside because of his involvement in the “Odebrecht case,”[1] a corruption scandal hitting the whole continent.

President Vizcarra proposed reforms of the judicial and legislative branches. His speech came after several marches of protest against the biggest corruption scandal in Peru in 18 years, which has already led to the resignation of the President of the Supreme Court as well as other officials.[2] President Vizcarra pointed out the crucial role of the citizens in these reforms and announced that they would be submitted to a referendum. The announced referendum would not only encompass the reform of the judiciary (Articles 155 and 156 of the Peruvian Constitution), but also the question whether a one term limit should be placed on members of Congress, whether a second parliamentary chamber should be introduced, and how private financing of parties should be regulated.[3] The reforms of the judiciary consist mainly in a new appointment procedure of the National Council of Judges and new criteria for the members of the National Council of Judges. In the future, a so-called Special Commission, consisting of the President of the Supreme Court, the Attorney General, the President of the Constitutional Court, the National Ombudsman and the Comptroller General shall be responsible for the appointment of the Members of the National Council of Judges. This appointment procedure shall be preceded by a merit-based competition.[4] The new criteria for the members of the Council are amongst others more than 30 years of work experience as a lawyer and not having a criminal or judicial record.[5] The emphasis of all proposed reforms is put on combatting corruption: Rules for the private financing of parties aim at more transparency and are more restrictive[6], the (re-)introduction of the second chamber is meant to help improve the quality of laws,[7] and the one term limit for members of Congress to impede cronyism[8]. (…)

 

Fuente: Maria Bertel, Does the President have the Power to Call a Constitutional Referendum in Peru, Int’l J. Const. L. Blog, Sept. 6, 2018, at: http://www.iconnectblog.com/2018/09/does-the-president-have-the-power-to-call-a-constitutional-referendum-in-peru

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