Article 18 of the Law of the Legislative Function indicates that the functions of dignities of this organism will cease, in case of separation according to the procedure foreseen in the regulations, but that procedure is not indicated.
The National Assembly is immersed in an uncertain path. Is that the different groups have their own reading regarding an eventual dismissal of the president of the Legislature, José Serrano, and the agreements are far from occurring.
Last week, the plenary session approved the appearances of the holder of the Legislative and the fiscal Carlos Baca. In the first case, there are voices that indicate that the procedure for a dismissal is complicated.
Article 18 of the Organic Law of the Legislative Function refers to the cessation of duties of dignity. It indicates that the president, vice-presidents and members of the Assembly will cease in their functions for various reasons. These are: fulfillment of the period for which they were elected, resignation as Assemblyman, renunciation of their dignity as a member of the CAL; cessation of functions as Assemblyman for any of the causes established in the Constitution, death and dismissal according to the procedure provided in this law.
However, the procedure for the dismissal of the office of President of the Assembly is not indicated in the regulations. The expert in Parliamentary Law, Christian Proaño, opined that if Serrano is summoned to appear, “the intervention of the head of the legislature will not have any effect, because in the end, in the scenario of requests for dismissal later, nothing can be done “. Proaño stressed that the procedure for the removal of that dignity does not exist; “In my opinion, there is not the possibility of a call to appear and if he does, he will do so willingly”.
The organic law says who can appear and under what circumstances.
“Many times they call a minister, who is not obliged to attend, but within the framework of the audit is mandatory and this is not the case.” The expert noted that the figure of the appearance is for the authorities specified in article 75 of the law, which indicates which officials can be inspected, which is in accordance with article 131 of the Constitution, among which the position of President of the National Assembly.
That is why, in the case of the State Prosecutor, if he goes to the Assembly and does not satisfy his explanation of the way in which he obtained the recording and how it was disseminated, a political trial could be initiated. In addition, the Commission for Citizen Participation and Transitional Social Control (CPCCST) could use these inputs for the evaluation that will begin this week. The Assembly member of the Social Christian Party (PSC),
Luis Fernando Torres, said that today’s plenary session will call for both the Prosecutor and the President of the Assembly to attend. He recalled that in the session last week approved the motion to address the issue with 90 votes in favor. Torres said that the appearance is of the utmost importance to know the scope and content of the audios broadcasted by Baca, where Serrano talks with Pólit about how to “remove the Prosecutor from office.”
However, he said that a decision on a possible political trial against the Prosecutor or the request for dismissal against Serrano could only be determined after listening to the parties. “I cannot advance what can be decided, but we do not have a procedure on how to proceed with a dismissal of the President of the Assembly; it is not impossible either. ” n the dissemination of the audio, said that it has already been able to know in a preliminary way that “the events of 30-S were a montage, hopefully after the hearing we know something else.” The legislator said that his bench requested the appearances.
“We have not made the ridiculous request for the resignation that has no effect, that’s why we did what was appropriate, call them to the plenary Assembly, we do not agree with the correísmo”.
Assemblywoman Doris Soliz of Citizen Revolution said that her block is waiting for explanations, because what is heard in the recording is extremely serious. She indicated that, like the citizenship, they expect these statements, “because the institutional structure of the Legislature has been hit and we must recover it that is why we have proposed that the integral restructuring of all the positions of the Assembly deserves to be considered”. Soliz thinks that in this subject the authority of who presides over the Assembly is questioned.
“What remains is to encourage a dialogue with all the groups to make a decision, but first we must listen to those involved.” Although he acknowledged that there is no procedure in the Law of the Legislative Function for a destitution process, “there is a political response that we will have to give to the citizenry”.
The head of the CREO movement, Roberto Gómez, said that his bloc of 21 legislators is in favor of the appearance, “but at the same time we need to take a different direction that the population demands.” He recalled that his group proposed requesting the resignation of Serrano or the dismissal with “the name he wants to be given because the resolution of the plenary has mandatory compliance; we cannot delay it anymore, we already know the broadcast audio “. Gómez stressed that it is not the function of the Assembly to determine if there is a crime.
The President makes his appearance
In his space The President informs, the Head of State called on the authorities to give the example, because they are obliged “to act with probity, with transparency, with opportunity”. Therefore, he said, those who are not able to meet this role “exemplary step aside!”.
He also expressed his disagreement with the judicial ruling in the Cedatos case. And that the economic measures will make them known on their return from the change of command in Chile By 6:00 PM yesterday was expected that the head of the Legislative go to the PAIS Ethics Committee to explain the scope of the telephone dialogue that maintained with former Comptroller Carlos Pólit. The president of the commission, Mary Verduga, said in the morning that Serrano must explain the audios, which have generated “shock to the country and the militancy of the movement.”
Article 164 of the Law of the Legislative Function indicates that in order to initiate the process of dismissal of an assembly member, any legislator must submit a motivated report to the president of the Assembly, who will transfer it to the CAL. 6 classes of faults determines the law that may lead to sanction of suspension or dismissal.
Proof legally obtained
The law indicates that evidence obtained illegally or that violate fundamental rights will not be admitted.
PSC and CREO deepen their differences in the Legislative
The right-wing political organizations, the Christian Social Party and the CREO movement, are engaged in a kind of crossfire, originated by the actions of each group in session 499 of the plenary of the National Assembly, last week.
Yesterday afternoon, part of the Social Christian block responded in Guayaquil to criticism regarding the abstention, last week, of voting for the reconfiguration of the authorities of the Assembly. Led by Henry Cucalón, they indicated that on February 28 they abstained from voting “for the Rafael Correa-Guillermo Lasso agreement, based on the hatred of Lenin Moreno and with the sole desire to take over the Administration Council of the Legislature, Presidencies and Vice-presidencies of the commissions, and their integration “.
In a communiqué, the PSC bloc maintained that the intention to resign Serrano is “to be replaced by Viviana Bonilla, akin to Rafael Correa and sister of Eduardo Bonilla, a close collaborator of Guillermo Lasso.” The statement ends that what is necessary is the destitution, which requires the freedom to elect a new President of the National Assembly. Last week the PSC, through César Rohón, requested a debate to request the appearance of Serrano and prosecutor Carlos Baca.
The motion had unanimous vote of the attendees, including Alianza PAIS. The differences occurred when Homero Castanier (CREO) joined the request but asked to also discuss the restructuring of the Assembly from the Presidency and vice-presidencies, to the Legislative Administrative Council (CAL) and the commissions. The bench of the Citizen Revolution (ex-AP) was added to the request. Criticism came. For Assemblywoman Ana Galarza (CREO) the abstention of the PSC represents a particular interest that transcends the Legislative.
In his Twitter account, he exhibited an image of the temporary CPCCS counselor, Julio César Trujillo, accompanied by the PSC leader and mayor of Guayaquil, Jaime Nebot. The photo was accompanied by the legend: “some do not understand the PSC vote by refraining from asking for the RESIGNATION of José Serrano. # YoSíSé ( I know) who has power in the new #CPCCSTransitorio “.
The response of Paola Vintimilla (PSC) was almost immediately. For the Assemblywoman, the social christianity will not agree on a proposal that has been agreed with the “correístas”, referring to the bench of Citizen Revolution. In this controversy Assemblyman Hector Yépez (SUMA) joined, who yesterday afternoon anticipated his decision to separate from the movement, which supported the thesis of the PSC.
Plenary seeks consensus for Serrano’s departure
Today, the plenary session of the National Assembly will decide whether or not to call its president, José Serrano, and Attorney General Carlos Baca. The issue will be treated at 12:00 and is scheduled as second on the agenda.
The vote of the previous Wednesday showed unanimity in the request for the appearance, but the possibility of the eventual dismissal of Serrano as head of the legislature is still being considered. In this regard, the Citizen Revolution caucus has already requested his resignation and also includes the total restructuring of the Assembly. They add 29 votes. Next to them is the CREO group, from where the petition was born in plenary. They are 24. The National Integration Block, with its 11 legislators, is also added affirmatively. Although the PSC caucus voted against the restructuring, it opts first for the appearance to make a decision. Thus, he affirmed that Serrano will be dismissed.
Their votes would add 16. Finally, if SUMA is included in this scenario, 92 votes in favor would be finally counted, supporting only President Serrano’s AP. (I)