The conventional Renato Garín, sent a letter to the members of the board of directors of the Constitutional Convention, expressing the finding of the approval of norms that exceed their regulatory competences, where the State Form Commission was awarded issues that are outside its regulatory framework, “colliding with the competence of the Political System Commission, Government, Legislative Power and Electoral System”, of which Garín is a member.
The constituent in his letter addressed the president of the table María Elisa Quinteros, the vice president, Gaspar Domínguez and the Secretary General of the Convention, John Smock, to alert, request a pronouncement and submit to the decision of the Plenary to resolve the conflict of competence between the two commissions.
Specifically, within the Report delivered by the State Form Commission, the treaty accuses that it is attributed “a sphere of competences that it does not have, with respect to the scope of its powers over the legislative power”.
In this matter for Garín it is evident that this “commission has thought of a paradigm where they divide the Legislative Power, an issue that must be discussed in the Commission on Political System” he announced, later detailing the articles he found in the aforementioned report, which interfered with the task of his commission.
“If a report with anti-regulatory content is voted, it would be sowing an uncontrollable precedent that will serve as an incentive to the conduct of the other commissions,” said the convention. Adding that, “this Report, despite containing clear transgressions to our Rules of Procedure, will be put to the vote in Plenary on Tuesday, February 15, by virtue of the summons issued by the Secretariat.”
“Wherever possible, they interpreted their own attributions in a maximalist, excessive and anti-regulatory way,” he wrote in the statement, pointing to the State Form Commission and demanding that the Plenary deliver solutions to the conflict.
On the contrary, for Adolfo Milabur, coordinator of the Forma de Estado commission, it is no longer time for the Plenary to have the debate of the competences, pointing out the process that the initiatives have so that they reach the respective commissions.
“The first thing to distinguish is that each initiative of norm enters through the Board of Directors, (this) evaluates the content and derives and passes it through the Plenary. The Plenary is the one that derives the norm so that it is discussed in each of the commissions, therefore there was the instance of claim, it was not done, “said Milabur.
Therefore, in the opinion of the conventional, “we just wanted to discuss each of these initiatives. If there is what the conventional one proposes, the moment has already ended, the moment of the discussion has passed. And it is an issue that will naturally be able to debate again in plenary, but I believe that the time for that debate has passed.”