The first package of constitutional amendments is effective from yesterday, when they were published in the Official Gazette. From this date the interested parties have 30 days to submit claims of unconstitutionality before the Constitutional Court (CC).
The deadline is imposed by the Organic Law on Jurisdictional Guarantees and Constitutional Control in paragraph 6 of Section 106, which also notes that the amendments that are processed through the Assembly can be sued for errors of form and procedure in their proceedings and approval.
The examination of form errors includes the analysis of the competence of the Assembly to amend the Constitution.
Yesterday, Popular Unity (UP for its Spanish acronym) was the first political group that submitted its constitutional claim.
Its director Geovanny Atarihuana said that while the Guarantees Act only allows claims for form errors, the Constitution is above this, and states that the can be objections on anything that affects rights.
Atarihuana stated that the lawsuit focuses on the amendments related to the indefinite reelection for all authorities, the Armed Forces in the integral security, the “limits” for referendums and public sector workers.
The leader says he has no hopes in the CC, but he wants to set a precedent and then resort to the Inter-American Commission on Human Rights.