The Congress of The Saviordominated by the ruling party, granted a six-month license to the president on Thursday night Nayib Bukelerequested by the president to seek his immediate re-election in the general elections of February 2024, despite accusations that it is unconstitutional.
“Grant to the president of the Republic, Nayib Armando Bukele Ortezthe leave for the period of 6 months, from December 1, 2023 to May 31, 2024, which must be exercised without pay and with all the prerogatives that the position holds“, reads the decree approved by 67 votes of the 84 deputies and with exemption from processing.
The last precedent of a president seeking immediate re-election occurred under the dictatorship of Maximiliano Hernández Martínez in 1935.
Legislators also voted for Bukele, who did not appear in person before Congress to request the license, to maintain his immunity, so he could not be criminally prosecuted for any complaint without going through Congress.
The legislative decree, whose effects will begin one day after its publication in the Official diaryalso licenses the vice president, Felix Ulloawho will seek re-election alongside Bukele for the ruling party New ideas (NEITHER).
The document indicates that the license “At no time does it break the bond between the official and the body he represents, but only suspends the exercise of the powers or public function required by his position.”.
This implies, the decree adds, that Bukele “no longer performs the administrative function or activity that the position of president entails, this of course without leaving the investiture of the position that he holds and the prerogatives that he has.”.
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This license is the last requirement, established in a disputed ruling by the Constitutional Chamber of the Supreme Court of 2021 and that she was elected by the ruling party without following the legal process, so that Bukele can compete for a new mandate in the February 4 elections.
The ruling dictates that “The president who has run as a presidential candidate for a second term must be required to request a license during the previous six months.” at the beginning of the next period.
Before this change in criteria, which various lawyers say is not a legal mandate because the election of the magistrates did not take place according to the legal process, a president had to wait 10 years after concluding his term to run.
In March 2021 and before becoming president, Bukele stated that in The Savior The Constitution does not allow the immediate re-election of a president.
Deputy Johnny Wrightfrom the opposition party Our time (NT), warned before the vote that the license to participate in the campaign is not protected by the Constitution.
He indicated that the Constitution itself prohibits immediate re-election, so Bukele’s justification does not fall within the parameters of being “duly proven serious cause”.
“Today, power in El Salvador does not adapt or submit to the rules. The rules adapt to power, to submit us”Wright said, adding that this situation “is a true tragedy for our country, for the region and for the world.”
For her part, the deputy Claudia Ortizfrom the opposition party COME ONsaid “You cannot give a license for something that is illegal, you cannot give a license to violate the Constitution”.
