VenEconomy: Justice in Venezuela is Out of Focus
From the Editors of VenEconomy
Latin American Herald Tribune
March 3, 2016
The Constitutional Chamber of the Supreme Court of Justice (TSJ) has lost its focus by attempting to become a supra power of powers and usurp the decision-making functions of the National Assembly (aka the Parliament.)
Now not only is that the Constitutional Chamber issues rulings that puts such body above the Constitution ignoring the decisions of the National Assembly, as it did on February 11 with "Judgment No.7" when with the vote of seven judges of the Chamber ruled that the Economic Emergency Decree by President Nicolás maduro (denied on January 22 by a parliamentary majority) with "legitimacy, validity, effect and legal-constitutional effectiveness shall remain irrevocably intact."
Now it delivered a new judgment (No. 9) on Tuesday, with which is attempting to erase with the stroke of a pen the controlling powers and functions of the Assembly through the vote of four of the seven judges making up the Chamber, because three of them decided to abstain in their vote due to "justified causes."
It turns out that such "justified causes" obey the fact that the appointment of these three judges is under investigation by the Assembly for having been in violation of the processes and legal lapses.
Ironically, the fake "morality" and "ethics" of the trio of judges has backfired on the Constitutional Chamber. This abstention of the judges on the issue vitiates the legality of Judgment No.9 and, hence, must be rendered null and void as claimed by jurists and as explained by the head of the National Assembly, Henry Ramos Allup, in a parliamentary session held on Thursday, where he noted that such judgment does not exist, and because of that reason it cannot be complied with. First of all because "the organic law of the TSJ, in its articles 10 and 11, establishes as a quorum of deliberation that judgments should be approved by the absolute majority of chamber members." And second of all, because the rules of procedure of the TSJ, in their article 40, define an absolute majority as two-thirds of the members – and two-thirds of 7 is 5, not 4.
It is now a matter of waiting for the next move of both the Government and the Constitutional Chamber to continue turning their backs on the rule of law and trying to leave the National Assembly out of the game, since Maduro and his people are unlikely to abandon this objective, as it will also be an impossible task for him to decide ruling the country.
It is more than obvious that Maduro, despite counting on all the power of the State, stopped governing Venezuela long ago.
If he did his job properly, the economy would not have collapsed the way it did; inflation would not have taken root; the shortages situation would not be out of control; and the productive apparatus would be fulfilling its role.
What is more, citizens would not have to worry about rampant crime, a situation that has taken the lives of nearly 50,000 Venezuelans in only two years.
The population would not have to put up with endless queues in the search – many times unsuccessful – for food items that have disappeared from the market due to some controls that only benefit the corruption of the elite in power.
The shortage of medicines would not have generated the grave humanitarian crisis seen today.
The country would neither be on the brink of suffering its worst electricity and drinking water crisis ever due to the negligence of a ruling elite.
But what does Maduro and his people care when their real aim is to entrench themselves in power, no matter whether the population has to go through severe hardships as never before.