Juan Guaidó is the Interim President of Venezuela according to the Constitution
On January 23rd, 2019, several states ratified their decision to not recognize Nicolás Maduro’s regime and to acknowledge Juan Guaidó, President of the National Assembly, as the legitimate acting President of Venezuela. The constitutional basis for this acknowledgement is as follows:
According to articles 230 and 231 of the Venezuelan Constitution, January 10, 2019 marks the beginning of a new presidential term. On that day, the President-elect should have been sworn in as President of Venezuela. Nicolás Maduro has claimed to be President-elect ever since he was proclaimed the winner of the May 20, 2018 elections by the National Electoral Council. However, the National Assembly—the legitimately elected legislative branch of government—along with the international community, have determined that these elections were not free and fair, and thus, Nicolás Maduro cannot be considered President-elect. Despite this fact, Maduro has continued to exercise the executive power illegitimately.
This complex situation has two main implications: (i) there is a void of power stemming from the absence of a President-elect that assumes the presidency, and (ii) the office of President is currently being usurped by Nicolás Maduro. The roadmap for addressing this, is not set out in the Venezuelan constitution. For this reason, the National Assembly has insisted on the need to enact measures that may bring about three objectives: (i) to cease the usurpation of the presidency, (ii) to effectively constitute a Transitional Government, and (iii) to hold free and fair presidential elections.
The constitutional basis for these measures is set out in art. 333 of the Venezuelan constitution, which states that the National Assembly, and all other government officials and citizens, must carry out all necessary steps to reestablish the effective implementation of to the Constitution. These steps, which are not explicitly expressed in or limited by art. 333, must achieve, in this case, the cessation of the usurpation as a necessary condition for the restoration of the legitimate exercise of the office of President of Venezuela. On January 15 and January 22, 2019 the National Assembly approved legislation that ratified this strategy.
According to articles 230 and 231 of the Venezuelan Constitution, January 10, 2019 marks the beginning of a new presidential term. On that day, the President-elect should have been sworn in as President of Venezuela. Nicolás Maduro has claimed to be President-elect ever since he was proclaimed the winner of the May 20, 2018 elections by the National Electoral Council. However, the National Assembly—the legitimately elected legislative branch of government—along with the international community, have determined that these elections were not free and fair, and thus, Nicolás Maduro cannot be considered President-elect. Despite this fact, Maduro has continued to exercise the executive power illegitimately.
This complex situation has two main implications: (i) there is a void of power stemming from the absence of a President-elect that assumes the presidency, and (ii) the office of President is currently being usurped by Nicolás Maduro. The roadmap for addressing this, is not set out in the Venezuelan constitution. For this reason, the National Assembly has insisted on the need to enact measures that may bring about three objectives: (i) to cease the usurpation of the presidency, (ii) to effectively constitute a Transitional Government, and (iii) to hold free and fair presidential elections.
The constitutional basis for these measures is set out in art. 333 of the Venezuelan constitution, which states that the National Assembly, and all other government officials and citizens, must carry out all necessary steps to reestablish the effective implementation of to the Constitution. These steps, which are not explicitly expressed in or limited by art. 333, must achieve, in this case, the cessation of the usurpation as a necessary condition for the restoration of the legitimate exercise of the office of President of Venezuela. On January 15 and January 22, 2019 the National Assembly approved legislation that ratified this strategy.
For this reason, the National Assembly has insisted on the need to enact measures that may bring about three objectives: (i) to cease the usurpation of the presidency, (ii) to effectively constitute a Transitional Government, and (iii) to hold free and fair presidential elections."
The National Assembly also invoked art. 233 of the Constitution in order to fill the void of power left in the absence of a President-elect. The article states that, in the absence of a President-elect at the start of a new presidential term—January 10, 2019—the President of the National Assembly or the speaker will temporary assume the office of President of the Republic until new elections are held. Accordingly, Congressman Juan Guaidó, elected as President of the National Assembly on January 5, is entitled to act as interim President pursuant art. 233, since the end of the previous term, on January 10, 2019.
In order for Juan Guaidó to effectively take office, the usurpation of the presidency by Nicolas Maduro—who currently occupies the office illegitimately and maintains a certain degree of control over public officials and particularly over the Armed Forces, must cease. Thus the need to achieve disobedience of the Maduro regime, as stated in art. 350 of the Constitution, which mandates that any regime that violates the Constitution—is precisely the case of Nicolás Maduro—must be disavowed.
As a result, the constitutional basis for all measures enacted by the National Assembly and by its President in order to terminate the usurpation through the progressive exercise of Executive power is clearly set out in articles 333, 350 and 233 of the Venezuelan Constitution.
In that vein, on January 11, 2019, Congressman Juan Guaidó publicly ratified his intention to act in consequence with the aforementioned articles of the Constitution, which was formalized by resolutions approved by the National Assembly on January 15 and January 22, 2019. On January 23, 2019, during a mass demonstration in Caracas, congressman Juan Guaidó took a public oath and ratified his commitment to assuming the attributions conferred to him by art. 233 of the Constitution, which designates him as Acting President.
It is for these reasons that the events of January 23, 2019, cannot be considered a “self-proclamation.” Juan Guaidó didn’t assume the presidency that day by his own decision. On the contrary, and according to art. 233, Guaidó has the title of interim President since the culmination of the previous presidential term, on January 10, 2019, because Maduro cannot be deemed as President-elected.
The principle of administrative continuity obliges that the title of the presidency always remains on the legitimate person: at the end of the term, on January 11, the title of President was automatically transferred to the President of the National assume, as Guaidó declared that day.
In order for Juan Guaidó to effectively take office, the usurpation of the presidency by Nicolas Maduro—who currently occupies the office illegitimately and maintains a certain degree of control over public officials and particularly over the Armed Forces, must cease. Thus the need to achieve disobedience of the Maduro regime, as stated in art. 350 of the Constitution, which mandates that any regime that violates the Constitution—is precisely the case of Nicolás Maduro—must be disavowed.
As a result, the constitutional basis for all measures enacted by the National Assembly and by its President in order to terminate the usurpation through the progressive exercise of Executive power is clearly set out in articles 333, 350 and 233 of the Venezuelan Constitution.
In that vein, on January 11, 2019, Congressman Juan Guaidó publicly ratified his intention to act in consequence with the aforementioned articles of the Constitution, which was formalized by resolutions approved by the National Assembly on January 15 and January 22, 2019. On January 23, 2019, during a mass demonstration in Caracas, congressman Juan Guaidó took a public oath and ratified his commitment to assuming the attributions conferred to him by art. 233 of the Constitution, which designates him as Acting President.
It is for these reasons that the events of January 23, 2019, cannot be considered a “self-proclamation.” Juan Guaidó didn’t assume the presidency that day by his own decision. On the contrary, and according to art. 233, Guaidó has the title of interim President since the culmination of the previous presidential term, on January 10, 2019, because Maduro cannot be deemed as President-elected.
The principle of administrative continuity obliges that the title of the presidency always remains on the legitimate person: at the end of the term, on January 11, the title of President was automatically transferred to the President of the National assume, as Guaidó declared that day.
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Source: Carlos Becerra
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In other words: Juan Guaidó assumed responsibilities as interim President, with the premise to call for free elections, by art. 233 of the Venezuelan Constitution, in accordance with resolutions approved by the National Assembly. Although title and faculties of President were conferred to the President of the National Assembly from the start of the new presidential term, the usurpation precludes the material and effective exercise of the office of the presidency.
Consequently, several governments, such as Colombia, Brazil, Panama, Chile, Argentina, Canada and the United States of America, among many others, have recognized the President of the National Assembly Juan Guaidó as acting President of Venezuela.
To summarize, Congressman Juan Guaidó, in his capacity as President of the National Assembly, following what is set out in art. 233 of the Constitution, which confers him the temporary exercise of the office of President of Venezuela, as well as art. 333, which mandates that Juan Guaidó, as a citizen, as a Congressman and as President of the Legislative Power in Venezuela, restore the effective validity and enforcement of the Constitution- which has been breached by the usurpation of Presidential duties; and in adherence to art. 350 of the Constitution, which charges him with the obligation of disavowing any authority that violates democratic values and principles, or that violates Human Rights, has sworn in front of the Venezuelan people to “formally exercise the faculties of the Executive power as Acting President of Venezuela, in order to cease the usurpation of the Office and to hold free and fair elections.” This decision is in line with legislation and measures approved by the National Assembly since January 10th, 2019, with the clear objectives of putting an end to the usurpation, to effectively constitute a Transitional Government presided over by Juan Guaidó, and to hold free and fair elections
Consequently, several governments, such as Colombia, Brazil, Panama, Chile, Argentina, Canada and the United States of America, among many others, have recognized the President of the National Assembly Juan Guaidó as acting President of Venezuela.
To summarize, Congressman Juan Guaidó, in his capacity as President of the National Assembly, following what is set out in art. 233 of the Constitution, which confers him the temporary exercise of the office of President of Venezuela, as well as art. 333, which mandates that Juan Guaidó, as a citizen, as a Congressman and as President of the Legislative Power in Venezuela, restore the effective validity and enforcement of the Constitution- which has been breached by the usurpation of Presidential duties; and in adherence to art. 350 of the Constitution, which charges him with the obligation of disavowing any authority that violates democratic values and principles, or that violates Human Rights, has sworn in front of the Venezuelan people to “formally exercise the faculties of the Executive power as Acting President of Venezuela, in order to cease the usurpation of the Office and to hold free and fair elections.” This decision is in line with legislation and measures approved by the National Assembly since January 10th, 2019, with the clear objectives of putting an end to the usurpation, to effectively constitute a Transitional Government presided over by Juan Guaidó, and to hold free and fair elections
The facts:
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Venezuela Election Won by Maduro Amid Widespread Disillusionment
A timeline of the political crisis in Venezuela, which began with claims of election rigging and has the US calling for regime change
The Tragedy of Venezuela
Western Hemisphere Leaders Say They Won’t Recognize Venezuelan Elections
‘It Is Unspeakable’: How Maduro Used Cuban Doctors to Coerce Venezuela Voters
Venezuelan elections: Could Chavismo lose?
Three things to know about the Venezuelan election results
Israel recognizes Guaido as leader of Venezuela
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