Congress: APP presents draft constitutional reform to modify the question of trust

The political party Alliance for Progress (APP), through Congressman Luis Valdez, president of the Constitution and Regulation Commission, presented a draft constitutional reform law to improve relations between the Executive and Legislative powers “through a question of balanced trust.”

The initiative proposes the modification of the articles 130, 132 and 133 of the Political Constitution of Peru, in Chapter VI, on “Relations with the Legislative Power.”

According to Valdez’s proposal, they would be worded as follows:

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Current Article 130:

Within thirty days of taking office, the President of the Council attends Congress, in the company of the other ministers, to present and debate the general policy of the government and the main measures required by its management. It raises the question of trust.

If Congress is not in session, the President of the Republic calls an extraordinary legislature.

Article 130 modified:

Within thirty days of taking office, the President of the Council attends Congress, in the company of the other ministers, to present and debate the general policy of the government and the main measures required by its management.

If Congress is not in session, the President of the Republic calls an extraordinary legislature.

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The bill proposes modifications to the question of trust. (Document)
The proposal was presented by Congressman Luis Valdez, president of the Constitution Commission.  (Document)
The proposal was presented by Congressman Luis Valdez, president of the Constitution Commission. (Document)

In the case of article 132 is where major changes are proposed. Currently, it notes the following:

Current Article 132:

The Congress makes effective the political responsibility of the Council of Ministers, or of the ministers separately, by means of the vote of no confidence or the rejection of the question of confidence. The latter is only raised by ministerial initiative.

Every motion of censure against the Council of Ministers, or against any of the ministers, must be presented by no less than twenty-five percent of the legal number of congressmen. It is debated and voted between the fourth and the tenth calendar day after its presentation. Its approval requires the vote of more than half the legal number of members of Congress.

The Council of Ministers, or the censured minister, must resign.

The President of the Republic accepts the resignation within the following seventy-two hours.

The disapproval of a ministerial initiative does not oblige the minister to resign, unless he has made a question of confidence in the approval

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Article 132 modified:

However, the proposal proposes adding specifications related to the question of trust and its approach, as follows:

The question of trust is raised only by ministerial initiative, on:

1. Any matter of direct incidence in the general policy of the government.

2. The permanence of the members of the ministerial cabinet.

3. Legislative initiatives presented by the executive branch.

The approval or rejection of the question of trust can only be declared by the Congress of the Republic. Within the following 24 hours, it informs the Executive Power of its decision.

The disapproval of the question of confidence in assumption 3 does not oblige the minister to resign.

Finally, on article 133, it proposes to specify the reasons for rejecting a question of trust, proposed in the previous article.

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Current Article 133:

The President of the Council of Ministers may raise a question of confidence before Congress on behalf of the Council. If trust is denied him, or if he is censored, or if he resigns or is removed by the President of the Republic, the total crisis of the cabinet occurs.

Article 133 modified:

The President of the Council of Ministers may raise a question of confidence before Congress on behalf of the Council. If trust is refused in cases 1 and 2 of article 132; or if he is censored, or if he resigns or is removed by the President of the Republic, the total crisis of the cabinet occurs.

According to the criteria of

Trust Project

Know more

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