Wednesday, March 6, 2013

New Elections in 30 Days


from Delta World
With the death of the President, Hugo Chávez, who on Tuesday lost his battle against cancer that began in June 2011, Venezuela heads to new elections in the next 30 days, but already controversy has erupted over who should take power now.

The death of the Bolivarian leader has put on the table a case of analysis for experts, who discussed between what the Constitution says and a judgment of the Supreme that delay beyond January 10, taking possession of Chavez and recognized the continuity of its management as a re-elected President.

While constitutionalists consulted spoke out about the possibility of that is the President of the National Assembly, Diosdado Cabello, who assume and route the country to elections, Foreign Minister Elías Jaua, said to be the Vice President, Nicolas Maduro, who steer Venezuela.

Venezuela will go to elections within a period of 30 days with controversy

With the death of the President, Hugo Chávez, who on Tuesday lost his battle against cancer that began in June 2011, Venezuela heads to new elections in the next 30 days, but already controversy has erupted over who should take power now.

The death of the Bolivarian leader has put on the table a case of analysis for experts, who discussed between what the Constitution says and a judgment of the Supreme that delay beyond January 10, taking possession of Chavez and recognized the continuity of its management as a re-elected President.

While constitutionalists consulted spoke out about the possibility of that is the President of the National Assembly, Diosdado Cabello, who assume and route the country to elections, Foreign Minister Elías Jaua, said to be the Vice President, Nicolas Maduro, who steer Venezuela.


“Now there has been an absolute failure, assumes the Vice President as President and calling elections in the next 30 days,” said the Chancellor.

Previously, Chavez and former President of the Assembly Fernando Soto Rojas Deputy had indicated that hair would be who should assume power. Analysts consulted considered that the Presidency should fall in hair, although they attributed this interpretation to a harmonization of several articles of the Constitution and the possibility of Maduro to be candidate.

Absolute failure and elections in thirty days

Article 233 of the Venezuelan Constitution poses “absolute failure” of the President in the event of death, resignation, dismissal, or physical or mental disability, the dereliction of duty or the popular repeal of its mandate.

“When there is absolute failure” President “before taking office, shall be a new universal, direct and secret election within thirty consecutive days”, said the Magna Carta. Adds the text of the Constitution, while the holder of the National Assembly (unicameral) will be in charge of the Presidency.

But with the ruling of the Supreme Court of Justice (TSJ), whose President, Luisa Estella Morales, pointed out that “isn’t necessary a new takeover President Hugo Chávez in as re-elected President”, he assumed the beginning of the term 2013-2019.

Thus, according to the Constitution, if failure “occurs during the first four years of the constitutional period, will proceed to a new universal, direct and secret election within thirty consecutive days” while the Vice President will be in charge.

Experts consulted agreed that the way forward is the call to elections, such as provided for in the Constitution, but a scenario of a President in exercise, as it considered it the TSJ, the designation of who will occupy the Venezuelan Presidency should serve a mixture between the Constitution and the ruling.

Mature or hair, until elections

“The Vice President cannot be anyway by replacing the President, because according to article 229 of the Constitution could not be presidential candidate”, noted Constitutionalist Hermann Escarrá.

The expert pointed out that “the rule says that it can not be elected President who is in the exercise of the Office of Vice-President, Minister, Governor, Mayor”.

He also Constitutionalist Tulio Álvarez considered that although “The Constitution is very clear,” the situation “in fact” it is not, since the President did not take possession cargo and that, in his opinion, the judgment of the TSJ “established a continuity that only comes on administrative issues, most not on constitutional issues”.

“There are responsible for Maduro Presidency nor Chavez Frias as President; swore Consequently, while it’s been two months should apply the standard in which if the elected President, has not sworn is the President of the National Assembly should be charged the Presidency (…)”, said.

“There has to be a call for elections, the only definitive situation in which there is,” said Alvarez, who said that Maduro “are you going to separate from the Vice Presidency to the electoral campaign” and that the interim, should apply i.e., “that the President of the National Assembly is in charge of the Presidency of the Republic”.

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