October 27, 2021


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What are the challenges for the new Venezuelan CNE?


The new directive of the National Council Electoral (CNE) of Venezuela must fulfill the mission of convening the elections to elect the new members of the National Assembly (AN ), whose mandate expires on January 4, 2021.

With this action, the agency will contribute to the strengthening of democracy, by guaranteeing the right of Venezuelans to participate in plural and transparent parliamentary elections, which promote dialogue and understanding between the different political sectors of the country. The appointment of the members of the new CNE was a process that lasted more than a year through negotiations between the opposition and the government, which included the installation of a national dialogue table. [Althoughprogresshadbeenmadeoncertainpointsatthebeginningof2020 the opposition right began to obstruct the appointment of rectors, which necessitated taking other measures in accordance with laws and the Constitution.

The Constitutional Chamber of the Supreme Court of Justice of Venezuela (TSJ), and before declaring the unconstitutional omission of the NA, proceeded to the appointment of the new rectors and rectors of the CNE, by judgment no. 0070-2020, on June 12.

In this way, Indira Maira Alfonzo Izaguirre a summer appointed principal rector and president of the CNE ; as vice-president and principal of Rafael Simón Jiménez Melean; and as chief rectors Tania D’Amelio Cardiet, Gladys María Gutiérrez Alvarado and José Luis Gutiérrez Parra. Like Rectors of replacement, the following elements were named: Abdón Rodolfo Hernández Rodríguez, Alex David dit Díaz Padrón, Carlos Enrique Quintero Cuevas, Jennycet Caroliska Villalobos, Juan Carlos Delpino Boscán, Luis Delfin Fuenmayor Toro , Franck Antero Pic Durán, Gloria Adelaida Muñoz, Deyanira Briceño and Eleusis Aly Borrego.

In turn, the National Council of Elections is chaired by the rector Indira Maira Alfonzo Aguirre; José Luis Gutiérrez Parra as principal rector and Carlos Enrique Quintero Cuevas as incorporated deputy rector.

In addition, other bodies subordinate to the CNE, namely the Civil and Electoral Register are chaired by the rector Tania D’Amelio Cardiet, and as principal rector Gladys María Gutiérrez Alvarado, as incorporated substitute rector Juan Carlos Delpino Boscán; while the Commission for Political Participation and Funding is chaired by Rafael Simón Jiménez Melean; as principal rector Tania D’Amelio Cardiet, and the incorporated deputy rector Abdón Rodolfo Hernández Rodríguez.

Disability of the National Assembly

The Constitution of Venezuela gives the AN the power to elect the CNE but faced with various irregularities, the TSJ had to assume this responsibility. The Parliament was convicted of contempt of the TSJ by decision n ° 02 of January 11, 2017, because of its refusal to revoke the oath of three deputies suspected of fraud.

Faced with the violation of said mandate, the highest Venezuelan court delegitimized the Parliament and declared null and void all its acts until it resumes the path of legality.

According to Venezuelan law, if Parliament violates some of the standards established for this process or is not under legal conditions to assume the appointment, it belongs to the TSJ of select members of the electorate.

For this reason, on June 5, the highest court published judgment 0068-2020, in which it declared that there had been a legislative omission on the part of the AN and that it has hindered its work in appointing rectors to the CNE.

Request for opposition

This decision was the response to a resource resource that the opposition parties had presented the day before, like Soluciones para Venezuela; Cambiemos; Movimiento al Socialismo (MAS); Avanzada Progresista; Committee of Organización Política Electoral Independiente (Copei) y Esperanza por el Cambio.

On this occasion, the Secretary General of the MAS Felipe Mujica, explained that the objective of the request, based on article 336 of the Bolivarian Constitution, was to be able to settle the conflict over the election of the new CNE the process of which had been extended by a year. He recalled that a document had been approved at the national concertation table establishing the incorporation of the parliamentary fraction of the government into the National Assembly so that an electoral body could be chosen with the opposition caucus.

It came to nothing a commission was appointed which did not work and the January crisis came later, when the National Assembly was divided and decreed the impossibility that in this body the decision to elect the CNE could be taken, since that to be elected requires 2/3 of the members of this body, “he explained.

For this reason, he underlined the importance of the appointment by on TSJ of the CNE directive to guarantee compliance with the legal deadlines for the conduct of legislative elections.

“The elections in accordance with the constitutional norm clearly establish that to convene these legislative elections, it takes six months and for that, we must have an electoral body which does it differently from the one we currently have “, did he declare.

While the leader of Soluciones para Venezuela, Claudio Fermín, explained that before the policy of the right-wing sectors which support the deputy Juan Guaidó who plays for abstention, his party and others who make up the dialogue table, have agreed to request the declaration of legislative omission.

On June 9, during its ordinary session, the National Assembly minimized the decision of the TSJ and assured that it would keep the committee of candidates she had appointed to elect new rectors of the CNE. Subsequently, the Constitutional Chamber of the TSJ ordered this electoral appointments commission to hand over to the electoral power the list of preselected as rectors, for whom they were sentenced to a term of 72 hours not respected by the Parliament.

In this scenario, the highest court had to declare the legislative omission of Parliament to resume the appointments.

Constitutional action

The Constitution provides in its article 336 that the Constitutional Chamber of the TSJ, among other functions, has the function of “ declaring omissions of the municipal, state or national legislative power unconstitutional ” it has ceased to dictate the standards or measures essential to guarantee compliance with this Constitution, or has published them in an incomplete manner; and fix the term and, if necessary, the guidelines for its correction. ”

On the basis of this power, the Constitutional Chamber of the TSJ ruled on its power to assume legislative functions, due to the impossibility of the NA for contempt.

It is an exceptional power, which is established only in the event of unconstitutionality and when the restoration of legality depends on the agility of the decision.

In this regard, the constitutional lawyer Hermann Escarrá indicated that the appointment of the rectors of the CNE, by the judiciary, is a reaffirmation of what is written in the Magna Carta.

“This is not the first time that the judiciary has intervened constitutionally in the face of the omissions of the legislative power,” he recalled in statements to Venezolana de Televisión (VTV).

To date, the TSJ has elected the board of directors of the CNE four times (2003, 2005, 2013 and 2014).

Escarrá stressed that the choice of the rectors of the CNE is a tangible demonstration of how the dialogue has been constructive in the country and expressed confidence that his work will help to resolve political disputes, through peace and the exercise of democracy.

“It is a call from the people to get out of this conflict in which the parliamentary majority declared itself and outside the constitution. I think that it is the way of peace through dialogue, which will allow Venezuela to deliver a positive result so as not to continue creating conflicts, “he declared.

In this sense, he expressed that the new National Assembly must be installed in an electoral process which should take place between November and December, so that on January 5, 2021, a new board of directors and a new legislature take over .

The challenges of the new CNE

The new CNE directive is ad hoc and its functions will end on January 5, 2021 the date on which a new National Assembly should be installed.

For this reason, the newly appointed rectors must call the legislative elections and adjust the procedural conditions for these elections.

One of the guidelines dictated by the Constitutional Chamber to be taken into account by the new CNE, is the incorporation of political pluralism to allow organizations which do not have the support of the majority, to obtain representation within the legislative power.

In the judgment 0068-2020 rendered on June 5, the highest court also deemed it appropriate to adjust the number of deputies to the National Assembly according to the demographic growth of the country, so that parliamentary representation is proportional the number of inhabitants of the country, according to figures and projections of the national census, reported the Diario Últimas Noticias. The TSJ instructed the CNE to draw up a new regulation which authorizes proportional representation “ that all the votes are taken into account, including those which are not part of the majority of electoral preferences ”

According to the newspaper, the Constitutional Chamber ordered the application of articles 174 to 186 of the organic law of indigenous peoples which establish the election of three deputies representing aborigines of Venezuela. According to him, this system does not take into account the cultural specificities of each of the groups.

On the way to the elections

After the appointment of the new rectors of the CNE, the way is open to the holding of legislative elections in Venezuela at the end of 2020.

Segundo Meléndez, national president of the MAS, declared itself convinced that the recently appointed electoral body will respect “ the transparency, impartiality and efficiency in the task entrusted to it”, which will be reflected by “maximum participation of society.”

He pointed out that certain sectors of the opposition consider that “ the emerging from the crisis is the electoral process by democratic means”.

The new president of Acción Democrática (AD), Bernabé Gutiérrez, said that he had gone to the TSJ to ratify the party’s decision to go to legislative elections, as he had agreed in January 2020.

Similarly, Ferdinando Spano, president of Copei in the state of Aragua, celebrated the appointment of the new directive CNE and guaranteed the commitment of his party to participate in the legislative elections which according to him, should be held next December.

The President of the Bolivarian Republic of Venezuela, Nicolás Maduro Moros indicated that a large part of the opposition within the bloc had announced that he would participate in the legislative elections and reaffirmed that extraordinary guarantees were given for the participation of all political sectors. [Nothing] and nobody can stop this process, on Venezuela says yes to the votes, no to the bullets, yes to the elections, no to the guarimbas, yes to democracy, no to interventions “also declared the president of the Partido Socialista Unido de Venezuela (PSUV).

During a videoconference with the national leadership of the PSUV, he asked the party for a model of candidates extended to all social sectors of the country, in order to guarantee the transformation of the Assembly National, currently contemptuous.

“With the popular vote, we are going to make a necessary change in the structure of the National Assembly. We will vote for a new National Assembly in the service of the majority and of the country, the time has come! “, He affirmed. Maduro called for the creation of new popular alliances and a political organization which passed to “popular leadership” and assured that “all of Venezuela wants an AN serving the country for the defense of national rights, a pluralist and democratic AN ”. The natives killed in the Duque era: the worst figures in Colombia for 5 years

https://www.elciudadano.com/frances/corruption-racisme-et-menaces-le-record-des-ministres -de-jeanine-anez / 06/17 /


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