Judicial coup? | ¿Golpe judicial?

Editorial, El Deber:

Through a “constitutional declaration” – it was not a ruling or legal opinion – the judges of the Plurinational Constitutional Court (TCP) decided to remain in their positions until the judicial elections promote their successors. The so-called “self-extension”, from which the senior judges of the Supreme Court of Justice (TSJ), the Agro-Environmental Court and the Judiciary Council also benefited, is binding on the government of President Luis Arce and his loyal parliamentarians. Furthermore, it is the main obstacle that prevents resolving the conflict in a blocked country, just when thousands of citizens are trying to stay afloat and overcome a challenging period for their economic future.​

But it’s worse. This same week, the TCP added, to that “declaration” of December 11, 2023, the admission of a “precautionary measure” that hinders the political dialogue that legislators – deputies and senators from the forces represented in the Legislature – carry out to unblock the election of magistrates through citizen voting. With this measure, the magistrates demand that parliamentarians first recognize the legality of their positions, including “a mandate” that they say they have, before working on the law that should govern the selection of candidates.

Now, that “mandate” that the magistrates claim came from the citizen vote and was for six years. That period expired on January 2 of this year. Former President Eduardo Rodríguez Veltzé, who presided over the former Supreme Court of Justice, assures that the highest authorities of the Judicial Branch, 23 magistrates and three counselors along with their substitutes, have already left their positions. And of course, there is no longer that “mandate” that comes from the citizen vote.

Seen another way, judicial rulings, even a “declaration” by the TCP, have imposed themselves on the political debate. This is not new. For example, in the TCP there is a pending case – which by the way is not advancing as convenient – regarding the right of legislators to supervise the ministers of the Executive Branch through interpellations.

Can the magistrates interfere in the political debate and stop agreements that come from the multilateral consensus of the forces represented? Are we facing a judicial coup? It is known that if these decisions are not followed, the public force is ready. And the leaders of the political opposition know this very well.

In the political field, where the shadows of authoritarianism have not been absent either, former president Evo Morales is playing a leading role. He demands the resignation of the “self-prorogates” and accuses Arce of articulating a plan to control the entire State. Didn’t the head of the MAS do the same thing during 14 years in power?

Morales managed to govern with two-thirds support and did not make an agreement; he did not need political agreements. Today, Luis Arce does not have that support and he must seek it for the common good. Of course, this will mean putting aside the fight for power and directing his government in favor of the country. He was able to do it earlier with the announced judicial reform; He had no political will. Even so, the arcismo defends the “self-prorogated” because, in its opinion, society cannot be left deprived of justice.

The way out of the current crisis facing the country is political, although it is possible that the government will appeal to judicial rulings to contain the crisis. The position in favor of this “judicial coup” will not contribute to the Bicentennial project of Bolivia nor will it give governability to a president urged to manage the delicate economy.

Leave a comment