The plaintiffs accuse the Bitcoin Law of having no legality or foundation. Deputy Jaime Guevara says that they are putting the newly elected magistrates to the test.
Salvadoran deputy Jaime Guevara supported a lawsuit against the Bitcoin Law over unconstitutionality before El Salvador’s Supreme Court of Justice. He said that this is an unconsulted law, and people do not know how they will have to use this currency. He added that the deputies of the “Nuevas Ideas” party and President Nayib Bukele should reflect on this law, which will affect the Salvadoran population economically.
Attorney Óscar Artero sued the legal initiative approved on June 8th for unconstitutionality before the Constitutional Chamber of the highest Salvadoran judicial authority. Leftist deputy Jaime Guevara disclosed the fact on his Facebook page.
The plaintiffs consider that nobody endorses the legislation that 62 of the 84 deputies of the country approved expeditiously. The complainants did not specify the article of the Salvadoran constitution that the Bitcoin Law is breaking. However, Artero classified the approval as a “flawed” and “perverse” process as it did not take long to be completed.
According to a survey by El Salvador’s Chamber of Commerce, 45.3% of the country’s business owners are concerned about the implementation of Bitcoin (BTC) as legal tender. Although the banking union has expressed its openness to the measure, Artero affirms that “various professional organizations” support his lawsuit. Farmworkers and the inter-union coordinator, as well as many unions of public workers and companies also agree with him.
They Will Put the Constitutional Chamber to the “Test”
Deputy Jaime Guevara stated that the lawsuit against the Bitcoin Law focuses on an issue of legality rather than legitimacy. He suggests that the bill violates the country’s legal system. “We will put the members of this Constitutional Chamber to the test to see how they respond to citizens,” said Guevara.
On May 1st, the ruling party formed a majority for the first time in the Legislative Assembly of El Salvador. After that, they voted in favor of removing the former magistrates of the Constitutional Chamber of the Supreme Court of Justice. Some Salvadorans call this measure authoritarian. According to the newspaper ElSalvador.com, some of the new magistrates used to work at the Presidential House and were close to President Nayib Bukele.
Article 14 of El Salvador’s Organic Judicial Law requires the unanimous vote of the magistrates of the Constitutional Chamber regarding unconstitutionality.
This situation led opposition deputy Dina Argueta, from the same party as Guevara, to reject the claim of unconstitutionality against the Bitcoin Law. She considers that it grants legitimacy to an arbitrarily imposed Constitutional Chamber.
Argueta said that she and Anabel Belloso believe that the place to repeal the law should be the Legislative Assembly. They consider that using the Constitutional Chamber is endorsing a process that they disapprove of.
Both deputies introduced a reform bill before the Legislative Assembly to eliminate the legal tender of Bitcoin. They consider that the cryptocurrency puts at risk the economic system and family finances. However, the entity has not yet addressed the measure.
By Alexander Salazar