Before the Movement for Socialism (MAS) announced that it would file two unconstitutional lawsuits in the plurinational Constitutional Court (TCP) against the successor to Jeanine Áñez, a lawyer recalls that the effects of the norms consulted are not retroactive and are for the future.
Former President and Civic Community (CC) leader Carlos Mesa, after his presence before the prosecutor, disqualified the “coup” theory that the MAS handles with Law 1266 that annulled the controversial 2019 elections. and 1270 the extension of the constitutional mandate.
MAS Bank Senate Chairman Adolfo Flores reported that two unconstitutional lawsuits were being brought before the TCP.
“We are going to make these two unconstitutional appeals so that the TCP can interpret Article 41 of the Senatorial Chamber’s General Rules of Procedure, which literally states that these are second vice president attributions,” he said.
He added that the TCP will also be asked to interpret Law 1270 of January 2020, entitled “Exemption Law Extending Mandate,” which was used to renew Áñez’s interim government.
Constitutionalist Paul Antonio Coca said the TCP had to reject Law 1270 because there was a “prior declaration of constitutionality”.
“The court would have to reject it because there has already been a constitutional declaration to extend the mandate,” he said.
He added that when the TCP declares a law to be unconstitutional, “the unconstitutionality is not a thing of the past; it goes into the future from the date it is declared ”.
“So it is not about the effects that this regulation has caused in the past”,
On January 15, 2020, the TCP passed the constitutional decision 001/2020 with a unanimous vote of its magistrates and thus gave the green light for the draft law for the extraordinary extension of the mandate of the elected authorities.