At this moment, what will happen on January 5, 2022 with Juan Guaidó Márquez's Presidency-in-Charge is being cooked in rapid fire. In the opinion of prominent jurists, Juan Guaidó should remain in his post as President-in-Charge under Article 233 which handed him the interim Presidency in January 2019 until the holding of free, fair and verifiable elections.
And just as there are opinions of jurists in favor, there are also those of jurists against such opinions who wonder where the qualification of "indefinite Presidency" only established in fact by the International Community comes from, so that there is hardly a solution to this unprecedented problem based on the constitutional text that gave the President in Charge only 30 days to call for a new election, which is a matter of legal interpretation of one or the other. And since there is no recognized Supreme Court of Justice to which to bring this situation, because it must be remembered that the political opposition of the National Assembly of 2015 has never recognized the legitimate TSJ installed at the headquarters of the OAS, it is up to each one to believe, according to the interpretation that most interests him, whether or not Guaidó should remain in office after January 5, 2022.
For the rest of us mortals unaware of whether Guaidó should remain or not as President-in-Charge, we can only analyze the political reality, because this IS definitely NOT a legal problem but a political one, with the greatest respect to the jurist citizens. In my previous note (see The Myths of Government in Charge, in https://ticsddhh.blogspot.com/p/the-myths-of-government-in-charge.html) established that the prevailing criterion for any decision in this regard was the welfare of Venezuelans, not the welfare of any political group vying for the Presidency-in-Charge like a drunk in a fight over an empty bottle.
And I believe that precisely that is what is happening here. The basis for the operation of that Presidency-in-Charge was "regulated" by something that the Deputies in February 2019 called "Law of the Statute governing the Transition to Democracy and the Reestablishment of the Validity of the Constitution of the Bolivarian Republic of Venezuela". The Statute approved at that time (see in Spanish the complete document of the Statute governing the Transition approved in 2019 in https://tinyurl.com/y9nsa8jw) tied hands and feet of the President-in-Charge to exercise his presidency in accordance with the Constitution, exercising unconstitutionally at the same time the Presidency of the Republic and the Presidency of the National Assembly. I wrote about this several times when this aberrant tutelage began (see The Trap of the Statute Law Governing the Transition, in https://ticsddhh.blogspot.com/p/the-trap-of-statute-law-governing.html and The duration of the transition, in https://ticsddhh.blogspot.com/p/the-duration-of-transition.html).
The above resulted in these three years in a sort of government in charge of the National Assembly where the President appointed was in no way a President of the Executive but of the Legislative. And the decisions were made by the dominant parties in the National Assembly. This peculiar way of interpreting how to put an end to Maduro's usurpation put an end to the possibility of effectively doing so, being the visible head, Juan Guaidó, who bore the responsibility before Venezuelans for not having been able to do so.
On December 26, December 2020, after having spent two years of a Presidency-in-Charge with no results, the 2015 Assembly updated the Statute for the Transition for a simple reason: it was the last year of the 2015 National Assembly legislature, and since the December 6, 2020 parliamentary election was not recognized, the 2015 Deputies modified the Statute for the Transition to continue "representing" Venezuelans, but without the pronouncement of the Venezuelans themselves, that is, without the consent of those who elected them, stretching in an unconstitutional manner the representation given in the 2015 parliamentary election. They could have at least consulted the people on this very small detail through the mechanisms used in 2017 and 2020 (see in Spanish the December 26, 2020 version of the Transition Statute, in https://tinyurl.com/2p8rtzxp).
As you must remember, in this new version, the Deputies disappeared Guaidó's trilogy "cessation of the usurpation-Transitional Government-Free Elections" from the former Article 2, by the way fundamental reason why they sold us the Statute of the Transition, giving now priority to "free, fair and verifiable elections" but with the regime of Nicolás Maduro, because otherwise how else could there be them without cessation of the usurpation? They also corrected and increased the powers of the National Assembly over the Constitution, which dares to establish (Article 16) the powers of the President in Charge, over the Constitution, and modifying it by giving powers not prescribed therein to the Delegate Commission of the National Assembly (Article 14). As far as I know, Article 333 of the Constitution does not say anywhere that we have to modify the Constitution with the excuse of defending it. The stupidity attributed to Venezuelans by those who claim to represent us does not go as far as that.
Then, after this brief account of unconstitutionality after unconstitutionality of the old and new Statute of the Transition, I read with surprise that a "Message to Venezuelans and the International Community on the continuity of the Interim Government of Venezuela" is circulating in the networks, seeking support for a proposal for the continuity of the Government in Charge, based on that twice unconstitutional Statute, before the Venezuelans and the International Community, but making special emphasis on the accompaniment of a "Political Council" to be appointed, of course by the Deputies of the Delegated Commission, to make "follow-up and evaluation of the action of the Presidency in charge of the Bolivarian Republic of Venezuela" (Article 18). Such a pretension of control over the President only fits in the minds of those who never understood the separation of powers, and who used to telephone the Magistrates of the Supreme Court of Justice to influence the decisions they were to make on the life of the citizens.
If Juan Guaidó is to be President in Charge until there are free elections by mandate of Article 233 of the Constitution, he cannot have more responsibilities and obligations with the Venezuelan people than those established by the Constitution, not a Statute made and modified to coexist with Nicolás Maduro Moros in power, and even less managed as a ventriloquist's dummy by some deputies who no longer represent the Venezuelan people. If Venezuelans and the International Community do not understand this, then let's lower the sanctuary and let the last one turn off the light. It is enough to continue deceiving Venezuelans and the countries that have accompanied us in good faith - us as a people, not the defeated "representatives" - throughout this humanitarian tragedy that Venezuelans are living through, with another Statute that will be retreaded next January 5, 2022, whose unconstitutional stench will not even be tolerated by the electronic paper where it will be published.
In view of the lack of political representation that already exists, not the one that will emerge on January 5, 2022 because it ceased to exist on January 5, 2021, we must oppose the convocation as soon as possible to the Sovereign People of Venezuela to a National Constituent Assembly of an Original nature, established in our Constitutional order to reestablish the Rule of Law and Refound this country. How we will get there we must build it among all of us, but that is undoubtedly the road we have to travel without any more deceit or legal extensions of those who have prevaricated with the regime to continue enjoying benefits at the expense and extension of the suffering of Venezuelans. I don't have to say it myself, the Venezuelan people already know it...
Caracas, December 14, 2021
Blog: https://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
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