Why does Cartelism want to allow former presidents to run for Senate?
Translated from Spanish, summarized and contextualized by DistantNews.
TLDR
- Paraguay's ruling party, Cartelism, is pushing for a law to allow former presidents to serve as active senators, despite the constitution designating them as lifetime senators.
- The move aims to legitimize the current interpretation by the Supreme Court of Justice, which already deemed Horacio Cartes and Nicanor Duarte Frutos eligible for active Senate seats, thereby preventing future political blockades of their oaths.
- Critics argue that an ordinary law cannot override the constitution, while proponents, like Senate President Basilio "Bachi" Núñez, maintain they are merely codifying the Court's interpretation, which they see as the ultimate authority on constitutional matters.
In Paraguay, the ruling party, known as Cartelism, is advancing a legislative agenda that seeks to redefine the role of former presidents in the Senate. The core of this initiative is a proposed law that would enable ex-presidents to serve as active senators, a move that challenges the constitutional provision granting them lifetime Senate positions.
The Supreme Court of Justice has already ruled and said they are eligible. So, what we are going to do is regulate it by law.
Senate President Basilio “Bachi” Núñez has clarified the political objective: to codify the Supreme Court of Justice's interpretation that former presidents Horacio Cartes and Nicanor Duarte Frutos are eligible for active Senate seats. The Cartelism faction argues that this interpretation, once enshrined in law, will prevent future parliamentary majorities from obstructing the swearing-in of former leaders, a situation that has occurred previously. Núñez insists that the law merely formalizes the Court's existing ruling, stating, “The Supreme Court of Justice has already ruled and said they are eligible. So, what we are going to do is regulate it by law.”
They did not swear in because there was a conjunctural majority that violated the Constitution.
The underlying political strategy appears to be securing the future of current President Santiago Peña. By allowing former presidents to hold active Senate seats, the Cartelism movement aims to provide a form of protection for its leaders, both past and present, against potential future investigations by ensuring they have a congressional platform. Núñez contends that Cartes and Duarte Frutos were blocked from taking their oaths for political, not constitutional, reasons, asserting that a "conjunctural majority" violated the constitution. He emphasizes that the Court's interpretation, not that of the Senate or opposition sectors, is the correct one. However, critics argue that an ordinary law cannot supersede Article 189 of the National Constitution, which clearly establishes the lifetime senator status for ex-presidents. The Cartelism response is that they are not amending the constitution but implementing the Court's judicial interpretation.
Who interprets the Constitution? The Court.
DistantNews Editorial
Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.
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