EXP.
No. LIMA
00028-2010-PI/TC
25% OF THE NUMBER OF CONGRESSIONAL LEGAL
RESOLUTION THE CONSTITUTIONAL COURT
Lima, October 18, 2010
VISTA
The claim of unconstitutionality filed by Congressman Yonhy Ancieta Lescano, representing 25% of the number of members of Congress of the Republic, against Emergency Decree No. 061-2010, which determines the scope of paragraph 54.1 of Article 54 and paragraph 66.7 of Article 66 of Law No. 29571, Code and Consumer Protection, published on 5 September 2010 in the official gazette El Peruano, and
SERVING
1. That on October 15, 2010, Don Yonhy Ancieta Lescano, representing 25% of the number of members of Congress, constitutional claim brought against Emergency Decree No. 061-2010. It is alleged that the decree in question has violated Articles 43 º, 65 º, 102 º and 118 º, paragraphs 1 and 19 of the Constitution of Peru.
2. That according to the statement in paragraph 4) of Article 200 of the Constitution and Article 77 of Constitutional Procedural Code, the constitutional claim should be "against the rules have the force of law: law, legislative decrees, emergency decrees ( ...) ", within which is questioned the emergency decree.
3. That in this case the claim was filed within the deadline set by Article 100 of the Code of Constitutional Procedure and meets the eligibility requirements set out in articles 101 º and 102 º Constitutional Procedural Code, because the Court in page 45 the certification dated October 15, 2010, issued by the Chief Clerk of Congress, noting that firms appear corresponds to 25% of the total number of congressmen.
4. Have complied with the demand that the other requirements laid down in Articles 101 º and 102 º of the Code of Constitutional corresponding admissible.
For these reasons, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED 1. Declared admissible claim the unconstitutionality of the Emergency Decree No. 061-2010.
2. Running the transfer of executive power demand as provided by Article 107, subsection 2 of the Constitutional Litigation.
published and notifíquese.
SS. MESSIAH
RAMIREZ BEAUMONT
Callirgos
VERGARA Gotelli
Hayen
ETO STREET CRUZ ALVAREZ MIRANDA
URVIOLA HANI
No. LIMA
00028-2010-PI/TC
25% OF THE NUMBER OF CONGRESSIONAL LEGAL
RESOLUTION THE CONSTITUTIONAL COURT
Lima, October 18, 2010
VISTA
The claim of unconstitutionality filed by Congressman Yonhy Ancieta Lescano, representing 25% of the number of members of Congress of the Republic, against Emergency Decree No. 061-2010, which determines the scope of paragraph 54.1 of Article 54 and paragraph 66.7 of Article 66 of Law No. 29571, Code and Consumer Protection, published on 5 September 2010 in the official gazette El Peruano, and
SERVING
1. That on October 15, 2010, Don Yonhy Ancieta Lescano, representing 25% of the number of members of Congress, constitutional claim brought against Emergency Decree No. 061-2010. It is alleged that the decree in question has violated Articles 43 º, 65 º, 102 º and 118 º, paragraphs 1 and 19 of the Constitution of Peru.
2. That according to the statement in paragraph 4) of Article 200 of the Constitution and Article 77 of Constitutional Procedural Code, the constitutional claim should be "against the rules have the force of law: law, legislative decrees, emergency decrees ( ...) ", within which is questioned the emergency decree.
3. That in this case the claim was filed within the deadline set by Article 100 of the Code of Constitutional Procedure and meets the eligibility requirements set out in articles 101 º and 102 º Constitutional Procedural Code, because the Court in page 45 the certification dated October 15, 2010, issued by the Chief Clerk of Congress, noting that firms appear corresponds to 25% of the total number of congressmen.
4. Have complied with the demand that the other requirements laid down in Articles 101 º and 102 º of the Code of Constitutional corresponding admissible.
For these reasons, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED 1. Declared admissible claim the unconstitutionality of the Emergency Decree No. 061-2010.
2. Running the transfer of executive power demand as provided by Article 107, subsection 2 of the Constitutional Litigation.
published and notifíquese.
SS. MESSIAH
RAMIREZ BEAUMONT
Callirgos
VERGARA Gotelli
Hayen
ETO STREET CRUZ ALVAREZ MIRANDA
URVIOLA HANI
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