New year, new problems for Venezuela
Venezuela's National Assembly, product of a sham election, will begin its new period on January 5th. Our co-editor Juan Miralles takes a look at the problems the institution now faces.
A new year has begun, but new problems have risen surrounding Venezuela’s political situation. The 5th of January, 2021 marks the end of the constitutional period of the Venezuelan National Assembly, the only legitimate institution that remains in the country. Indeed, as per articles 192 and 219 of the Venezuelan Constitution, deputies last five years in their positions and the first period of the ordinary sessions of the National Assembly begins on January 5th of each year. Therefore, in a normal situation, the term of the parliamentarians elected on December of 2015, including that of interim president Juan Guaido, should last until January 5th of this year. But, as is well known, the situation in Venezuela is far from what can be called normal.
Let’s recall that 2020 marked a parliamentary election year for Venezuela, but due to the lack of electoral conditions in the country, as well as the pandemic, celebrating these was out of the question. This is why the Venezuelan opposition represented in the National Assembly elected in December 2015 and a large part of the international community disregarded the results of the December 6th political event by which the Maduro regime announced the election of Deputies to the National Assembly to be installed on January 5th.
Nonetheless, at the end of 2020 and in anticipation of the situation that arises as of January 5th, Mr. Guaido and the legitimate National Assembly decided to reform the Statute that governs the transition to democracy to restore the validity of the Venezuelan Constitution. The solution adopted by the National Assembly to remain in office is contained in article 12 of the Statute, through the figure of the “Delegate Commission”, a figure provided for in the Venezuelan Constitution, which allows the operation of the National Assembly in its recesses (between August 15 and September 15 and December 15 and January 5 of each constitutional period) and comprised of the President, Vice President and the presidents of the Permanent Commissions of the National Assembly.
However, this strategy brings about certain new problems too. We used to have a National Assembly of clear legitimacy, which unfortunately did not have access to the Legislative Palace; but now its period is over, and it hasn’t been renewed by a true election, aside from the fact that it is being replaced by a parliament submitted and designed by the Maduro regime (which has no legitimate origin). Now two National Assemblies (a de facto one and a more or less legitimate one) will take office on January 5th. Moreover, with the reform of the Statute, the last democratically elected National Assembly now intends to function beyond its constitutional mandate of five years, through the referred Delegated Commission, until valid parliamentary elections are held.
In sum, the situation is clearly very complicated and has sparked a huge debate among academics; nonetheless, it seems like the logical measure to be adopted. But, even so, the truth is that some discomfort from the international community could be expected when swallowing this decision from the opposition. Without international support, the Guaido Administration cannot function. Therefore, this could ultimately be the final blow that could topple a now debilitated Guaido Administration and, consequentially, strengthen furthermore the Maduro regime in power.
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