The Legislative Administration Council (CAL) postponed its decision to qualify two bills to repeal the taxes reform, which has been in force since January 2022, until the Constitutional Court decides whether the National Assembly can veto an urgent economic bill sanctioned as a legislative decree.
On the agenda of the CAL on January 28 was the recognition and approval of the bills that repeal the Organic Law on Economic Development and Fiscal Sustainability after the COVID-19 Pandemic, published by the President of the Republic on November 29, 2021, which, among other things, increased income tax for people who earn more than $2,000 per month.
But the deputy of the Democratic Left and the second vice president of the legislature, Yeseña Guamaní, presented a motion to suspend the discussion of the point related to the qualification of the tax reform project until “this council can count on a decision of the Constitutional Court as maximum authority”.
Body of constitutional interpretation that establishes the scope of application of the rule contained in article 140, last paragraph of the Constitution, essential element of judgment to make a decision and that is currently not available.
Assembly to resolve the submission of an interpretative action before the Constitutional Court. The supreme body of constitutional interpretation perfo0rms the interpretation of the norm contained in the last paragraph of article 140 of the Constitution.
Regarding the power of the National Assembly to reform or repeal at any time, subject to the due process provided for in the Constitution, a bill on economic matters classified as urgent, promulgated as a decree-law by the President of the Republic, published in the official registry.
Carta, since the organic law of the legislative function, does not develop the question of the object of interpretation according to the provisions of articles 154 and following of the Organic Law of Judicial Guarantees and Constitutional Control.
Patricia Sánchez, Salvador Quishpe, and Ángel Maita (Pachakutik) projects aim to repeal the rule published as a legislative decree in the Official Gazette No.
587 of November 29. In 2021, therefore, all the reforms to 22 regulatory bodies related to modifying the progressive rate brackets of personal income tax, the new deduction of personal expenses.
The UTL report found that the two projects presented do not meet the formal requirements of articles 134, 135, 136 and 301 of the Constitution. These are related to the exclusive competence of the President of the Republic to present bills that establish, modify or abolish taxes and increase public spending.
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