The bill that seeks to elevate the Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) as a constitutional body would increase public spending by approximately S / 150 million soles per year, warned Julián Palacín, executive president of the institution.
In this regard, Palacín pointed out that the Constitutional Reform Project, promoted by the congresswomen Patricia Juárez and Adriana Tudela It would go against article 79 of the Political Constitution of Peru, which states that parliamentarians have no initiative to create or increase public spending.
In the same vein, the current president of Indecopi pointed out that the initiative aims at the political control of the institution by the Congress of the Republic, which would violate Article 43 of the Constitution, referring to the principle of separation of powers, and article 28 of Law 29158, Organic Law of the Executive Power, which establishes that the creation and dissolution of specialized public bodies is carried out by law at the initiative of the Executive Power.
Palacín also made a call to the Ethics Commission of Congress to verify if the lawyers consulted by congressmen Patricia Juárez and Adriana Tudela are really independent or if they have provided legal services to the companies fined by Indecopi.
It should be remembered that, according to Congresswoman Patricia Juárez, the bill seeks to implement a constitutional reform that incorporates article 65-A to the Constitution in order to resolve the lack of real autonomy of Indecopi, which by law is attached to the Presidency of the Council of Ministers.
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