2017: The Supreme Court Took Over the Legislative Power of the National Assembly for Three Days

In March of 2017, a subsidiary of the state oil company PDVSA requested a legal interpretation from the Supreme Court regarding whether President Maduro could change the conditions regarding public-private joint ventures. Venezuelan Law states that presidential initiatives involving joint ventures must be authorized first by the National Assembly.[1] Nine months earlier on July 28, 2016, the Supreme Court announced that the National Assembly had violated a Court ruling and ruled that the National Assembly was in contempt of Court. The Court also ruled that all actions by the National Assembly would be null and void until the National Assembly abided by the earlier Court ruling. [1] Since the National Assembly was still in contempt in March 2017, any decision it made regarding joint ventures would be null and void.

On March 29, 2017, the Supreme Court ruled that it would temporarily assume the functions of the National Assembly until the body ceased to be in contempt. The Court cited article 336.7 of the Constitution, which allows the Supreme Court to take “corrective measures” in the case of an “unconstitutional parliamentary default.” The Court then approved President Maduro’s changes for joint ventures.[1]

National Assembly President Julio Borges tore up a copy of the Court’s decision and said that the ruling amounted to a coup. The U.S. State Department issued a statement that condemned the ruling.[2] The New York Times called the ruling “Venezuela’s Descent into Dictatorship” [3].

Venezuela’s Attorney General Luisa Ortega Diaz accused the Supreme Court of violating the Constitution. Ortega said she had identified “several violations of the constitutional order in the Court’s decision to assume temporary legislative power.” Her remarks were made on state television.[4]

President Maduro called an urgent session of the National Security Council to resolve the crisis between the National Assembly, Supreme Court, and Attorney General. The meeting was attended by the Attorney General and two Supreme Court justices. Julio Borges of the National Assembly was invited, but did not attend. The Council asked the Court to review its ruling in the interests of “institutional stability and the balance of powers”.[5]  

On April 1, 2017, the Supreme Court annulled its decision that granted the judiciary temporary powers to assume the role of the National Assembly.[5]  

1.Venezuela’s Supreme Court to Temporarily Assume Role of National Assembly, Venezuelanalysis, March 31, 2017

2.NBC News, U.S. State Department, Lawmakers Condemn Venezuela Power Grab, March 30, 2017

3. New York Times, Venezuela’s Descent into Dictatorship, March 31, 2017

4. Venezuela’s Attorney General Accuses Supreme Court of Violating the Constitution, Venezuelanalysis, March 31, 2017

5.Venezuela’s Supreme Court Annuls Controversial Decisions on Legislature, Venezuelanalysis, April 1, 2017

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