It is known that the LegislatureIn contrast to the executive and judicial branches, their activity is discontinuous. For this reason, the fulfillment of the important tasks assigned to it by the Constitution (legislative, control, governmental, pre-constituent, electoral and representative functions) must occur only in one of the periods that discipline the institutional rhythm of the Congress.
Our Basic Law and its regulations provide for these provisions four modalities of congress work manifests itself in the preparatory, ordinary, extended and extraordinary sessions.
Of all, our Congress today operates by request for convocation extraordinary meetings is carried out by the executive branch.
It was in this context that the interesting thing for these lines happened. A part of the Chamber of Deputies legally questioned the decision of a certain majority of the body to elect by consensus three candidates who now make up the Chamber of Deputies Auditor General of the Nation.
Apart from the night-time nature and the breach of the agreements asserted – beyond our consideration – the disqualification led to the invalidity of these elections being asserted, on the assumption that the House of Commons had overstepped its bounds in making these agreements because This was not the subject of discussion at this time for not being among those whom the president of the nation included in his call for extraordinary elections.
On this point, therefore, it is pertinent to recall what powers are vested in Congress during extraordinary sessions.
We agree that in our political practice It is the leader who has the authority to demand extraordinary things. It was concluded that the President, by being the one who initiates these types of meetings, can limit Congress to act on the occasion of these meetings according to the topics he proposes.
However, it should be made clear that The aforementioned limitation applies exclusively to matters of a legislative nature.but shall in no way limit the powers of any other kind of the organs of Congress, in addition to the powers recognized by each legislature.
For this reason, it is important to note that the law does not contain any provision prohibiting Congress from exercising only those powers authorized by the President in special elections. Support this idea, In practice, it is undisputed that its bodies can initiate or continue the removal from office of officials subject to their constitutional mandate, question ministers, request reports from the administration, impose sanctions on their members or order the lifting of a member’s immunity, etc.
Although the capitis deminutio It is an unfounded obstacle without further support because it appears to prevent the self-convening of Congress in extreme situations, which is not provided for in the Constitution. I mention a few cases.
For example, in a hypothetical scenario of acephaly (Article 88), if the person exercising the function of President does not convene extraordinary sessions, the only option would be to convene Congress itself to put an end to the absence of a Head of Government.
If it were imperative that national troops leave the national territory or that foreign troops invade (Article 75 Inc. 28), if the President does not call up extraordinary troops, it would be the legislature itself that would determine its immediate course of action.
The same could occur due to the overriding need to intervene in a province during the recess of Congress (Article 75 Inc., 31).
In short: In addition, Congress may convene in any type of session without the need for convocation by the executive branch. The opposite would mean subordinating the actions of one power to the discretionary will of the other power.
When the 1994 reformer extended the session, he thought of giving greater importance to the Congress and, in line with this decision, it is imperative to appeal to the creativity of formulas that put into practice the idea of a Congress, with reduced vacation days.
At a time when our presidentialism has turned into hyper-presidentialism and when it is essential to control the executive branch, We must preach the verb of near-permanent functioning of Congressbecause someone who has long been familiar with these topics has correctly taught that only power contains power.
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