Pedro Castillo: What does vacancy motion mean?

In the last few hours it was reported that Congress approved debating the vacancy motion against President Pedro Castillo. Learn what this process means and why it is valid.

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Given the recent political landscape in our country, Peruvians have started searches on the meaning of vacancy motion and what could happen in the next few days if it was approved in its entirety. The government of Pedro Castillo receives a new blow with this request that was approved and which will be debated and will end in a vote on March 28 of 2022.

An example that has been marked in the retina of Peruvians is what happened to former President Martín Vizcarra, who was vacated with the votes of parliamentarians of Popular Action, APP, Podemos, UPP, Frepap, Frente Amplio, Somos Peru and Fuerza Popular in November 2020, amid the COVID-19 pandemic that added contagion and dead in record time.

WHAT DOES MOTION FOR VACANCY MEAN?

To better understand it, we will present independent meanings. We can understand as motion any proposal or request that is made at a meeting or meeting of persons to make a single decision on it. In politics, this request is made when it is required to debate a bill, or in the current case, to discuss the presidential vacancy.

What does presidential vacancy mean? According to the article of the National Jury of Elections, it refers to the positions emanating from popular elections, such as those for mayors, councilors, presidents, vice-presidents and regional councilors, means the cessation of the representative relationship, that is, that which exists between the population and its representative.

Thus, the motion for vacancy is interpreted as the request made by a group of authorities to discuss the tenure of office or the end of office, depending on the reasons presented.

Pedro Castillo, the teacher who became president of Peru. EFE/Jorge Lopez/Archive

WHAT DOES THE RULES OF CONGRESS SAY ABOUT VACANCY?

The procedure for requesting a vacancy of the Presidency of the Republic, on the grounds provided for in article 113 (2) of the Constitution, is carried out in accordance with the following rules:

- The request for vacancy is formulated by means of a motion for the agenda, signed by not less than twenty percent of the legal number of congressmen, specifying the factual and legal grounds on which it is based, as well as the documents that prove it or, failing that, the indication of the place where these documents are located. It takes precedence on the agenda and is seen before any other pending motion on the agenda.

- Once the order has been received, a copy of it is sent, as soon as possible, to the President of the Republic.

- For the admission of the vacancy request, the vote of at least forty percent of skilled congressmen is required. The vote is unfailingly taken in the session following the one in which the motion was made aware of.

- The Plenary of the Congress agrees on a date and time for the debate and voting on the vacancy request

- The President of the Republic, whose vacancy is the subject of the request, may personally exercise his right of defence or be assisted by a lawyer, for up to sixty minutes.

- The agreement that declares the presidential vacancy, on the grounds provided for in article 113, paragraph 2, of the Constitution, requires a qualified vote not less than 2/3 of the legal number of members of Congress and is recorded in a resolution of Congress.

- The resolution declaring vacancy is published in the official gazette within 24 hours of receipt of the transmission sent by Congress. This document states that the vacancy has been in effect since the vacado, the President of the Council of Ministers, among others, is communicated to the vacado.

WHAT DID PEDRO CASTILLO SAY AFTER THE APPROVAL OF THE VACANCY MOTION?

“I am sorry that, in parallel, the tripping is being followed and the people are not heard, because they have just approved the vacancy motion,” commented the country's highest authority. He also argued that the country should be told that a penny has not been stolen. “No one distracts us, because he who owes nothing, fears nothing. Do you think that stealing a penny from the people will go out on the roads to wait for me, do you think that having a straw tail they will go out and wait for the president?”