The government expected speed in treating the decree law of tax reform which he presented to the Constitutional Court on the same day when he applied the death cross that dissolved the National Assembly and caused early elections to be called. This Saturday will be 30 days.
His proposal for the Organic Law to strengthen the family economy entered the Constitutional Court on May 17, 2023 as an economic emergency measure. This is because when the cross of death is activated, the President of the Republic can issue decrees on laws with this urgent character and in economic matters, but in order to enter into force they must have the positive opinion of the constitutional judges.
Those who have $100 and $200 deducted from their wages for income tax may no longer have to pay it by the end of 2023 if the tax decree passes the Constitutional Court
“We are on June 14, a few days after a month has passed since we sent the first regulation of the law on economic matters related to tax reform that benefits large sections of the middle class, through deductions from income taxes, and the Court has not ruled on it. Although there is no analogy in the public sector, taking into account that it was 30 days when Congress did it, I believe that the Court – which has every right to analyze and examine and see that the articles do not contradict the Constitution -, must have much more expeditious process”, indicates the government minister, Henry Cucalón.
This is because there is another project, the one on investments and free zones, which was presented on May 23, “and we have other economic projects in the plan that we are ready to present. We are open to any recommendation of the Court and now we want to work in that direction,” the official added.
These are the tax changes that will occur with the first legal decree issued after the death of the cross
Although Cucalón admits that there are no deadlines or norms that determine how many days a statement must be given, he refers to the time that the Assembly has by law: in 30 days he had to hold two debates, he had to deliberate politically and legally, only here It is legal analysis.
A public hearing for the Government and those who are for and against the tax regulation was held on June 6. Interventions were focused on whether it was urgent or not.
Thus, the executive claimed that the tax cut reactivates the economy and that there will be problems with the Simplified Regime for Popular Entrepreneurs and Companies (Rimpe) if the reform is not approved this year, because based on the electoral calendar established by the National Council Elections (CNE ), the new assembly and the new president will be in possession at the end of November and therefore it would be impossible for the Assembly to deal with this law or the new one this year and the Rimpe table must enter into force on January 1, 2024 by the decision of the Constitutional Court itself.
The Constitutional Court must also resolve the retroactivity of the tax reform
And the authorities claimed that the feeling is that the establishment of an economic emergency is solely the president’s.
It is ratified by the Minister in the Government. “The category of what is urgent and what is economic is the authority of the President of the Republic, because every act must be motivated, and it was motivated in the debate and in the decree. I understand that this can be a reason for analysis, but it must not be a reason for obstacles”.
A few days before the hearing, José Chalco-Salgado, doctor of law, indicated that the Constitutional Court should decide promptly, because in normal situations the Constitution gives the National Assembly 30 days to process an urgent economic law. Now he insists that days have passed “without the Court making its constitutional decision on the exceptional situation in the country. In the regular period, the Assembly declares itself in 30 days.
Source: Eluniverso

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