In my first note of 2021 I refer to Hamlet's doubt for being universal: "To be or not to be, that is the question. Which is more worthy of the action of the spirit, to suffer the penetrating shots of unjust fortune, or to oppose the arms to this torrent of calamities, and to end them with daring resistance? A tremendous disjunctive is that of Hamlet, in Act Three, First Scene, of William Shakespeare's immortal play, where a Prince faces a problem of conscience, unable to close his eyes to "the doubt between the agony of life and the liberation that suicide would bring, after the disappointment suffered in the face of the shameful behavior of his parents" (see in Spanish Hamlet o la eterna duda, por Susana Torres Prieto http://ideas.ie.edu/hamlet-o-la-eterna-duda/).
The National Assembly is debating between Hamlet's Being and Not Being, and why? Because they approved on December 26, 2020 a reform of the Statute of the Transition (see in Spanish https://www.asambleanacionalvenezuela.org/noticias/an-aprobo-primera-discusion-de-la-reforma-de-la-ley-del-estatuto-que-rige-la-transicion-a-la-democracia-y-la-vigencia-de-la-crbv) that wrecks amidst the unconstitutionality of its content (see Michael Penfold’s thread in https://twitter.com/penfold_michael/status/1344025882491551748?s=03) and "possible irregularities in the way their vote was taken" (see in Spanish Denuncian supuestas irregularidades durante la sesión de la AN en la que se modificó el estatuto de la transición, in https://maduradas.com/polemico-participaron-68-principales-rellenaron-suplentes-denuncian-supuestas-irregularidades-sesion-la-an-la-se-modifico-estatuto-transicion/).
If the modification of the Statute of the Transition due to possible irregularities in its approval fails, the National Assembly will be in serious trouble to justify its existence before the International Community. This is without taking into account the fact that on December 30, 2020 the Supreme Court of Justice of the regime declared the nullity of the reform of the Statute of the Transition by an action of the deputies Oscar Ronderos Rangel, José Gregorio Aparicio and Ezequiel Pérez Roa, of the faction of the Adecos scorpions (ver in Spanish Efecto Cocuyo, En menos de tres horas TSJ declara nulidad del Estatuto de la Transición, in https://efectococuyo.com/politica/en-menos-de-tres-horas-tsj-declara-nulidad-del-estatuto-de-transicion/).
The National Assembly decided at the end of the year 2020 to justify its constitutional continuity through the modification of the Transition Statute. In my opinion, it was a serious mistake to mix its continuity with the control of several aspects of its political action in 2021, such as the management of the Presidency in charge through a Political Council. This mixture proved to be fatal.
It is one thing for the National Assembly to continue in office because the regime carried out a constitutional fraud with a election illegally called on December 6, 2020, and quite another for citizen deputies to want to make elections as they see fit, ignoring the original mantra of the cessation of the usurpation of first and wanting to control Guaidó, or whoever they put in its place, through a figure that does not exist in the constitutional text, without forgetting that they went over the same text by modifying the powers of the Delegate Commission.
Make no mistake, the legitimate National Assembly, elected on December 6, 2015, will continue to live and function despite the botched election of deputies, by a saving decision of the legitimate Supreme Court of Justice in exile, in a Ruling of the Electoral Chamber that declares null and void the call for elections of deputies to the National Assembly on December 6, 2020 (see Sentence SE-2020-0002 of December 3, 2020, in https://twitter.com/TSJ_Legitimo/status/1334551057335201792).
The above is good news. But a much better news is that if the National Assembly wishes to make any reform to the Transition Statute, whose current modification is not sustainable according to the specialists (and consequently it would have to be made again), it should use that sentence of the Electoral Chamber of the Supreme Court of Justice as a support and whose decision established the constitutional continuity of the deputies and of the current Directive of the National Assembly, to justify its existence:
"SIXTH: That in relation to the continuity of the parliamentary representation of the deputies elected on December 6, 2015, this Electoral Hall declares "Ha Lugar" the request, inasmuch as there has not been a legal convocation to elect the deputies to the National Assembly for the period 2021-2026 and in the absence of a constitutional regulation to which one can resort to avoid the violation of popular sovereignty and the people being left without parliamentary representation, In application of the provision contained in Article 333 of the Magna Carta, it is agreed that the only legitimate deputies to the National Assembly of the Bolivarian Republic of Venezuela, as of January 6, 2021, shall be the parliamentarians legitimately elected in the elections held on December 6, 2015 and sworn in on January 5, 2016, until genuine elections are held in full guarantee of the right to suffrage enshrined in Article 63 of the Constitution.
SEVENTH: That in relation to the request for a pronouncement on the continuity of the Board of Directors presided over by the citizen Juan Gerardo Guaidó Márquez, who in addition to being the president of the National Assembly exercises the functions of interim president of the Bolivarian Republic of Venezuela...", this request is declared "Ha Lugar", in the understanding that as of January 6, 2021, The entire board of directors of the organization as a whole and of all the commissions appointed in the period 2020-2021 shall continue in the exercise of their functions, in the interest of maintaining the exercise of their powers, until the National Assembly decides on the appropriate action in the terms referred to in Article 194 of the Constitution of the Republic and the Rules of Procedure for Internal Affairs and Debate of the National Assembly".
In view of this fact, the best thing of all is that the Deputies of the National Assembly will have no other choice but to accept what they have so far refused to recognize: the institutional existence of the TSJ Legitimo in exile and its decisions. In other words, THE EXISTENCE OF THE NATIONAL ASSEMBLY NOW DEPENDS ON THAT RECOGNITION. A Hamlettian to be or not to be…
They should also recognize, consequently, the sentences of the TSJ Legitimo of June 13, 2018 that declares the NULLITY of the current Venezuelan electoral system and the sentence of Nicolás Maduro Moros to 18 years and three months of prison that occurred in Bogotá on August 15, 2018. The only thing that separates them from their disappearance is this recognition. It would be good if they hurry, there are hours left until January 5. Hamlet's dilemma remains, to be or not to be...
Caracas, January 2, 2021
Blog: http://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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