Since 2010, Venezuela has been suffering a socioeconomic crisis under Nicolás Maduro (and briefly under his predecessor, Hugo Chávez), as rampant crime, hyperinflation and shortages diminish the quality of life. As a result of discontent with the government, the opposition was elected to hold the majority in the National Assembly for the first time since 1999 following the 2015 parliamentary election. After the election, the lame duck National Assembly—consisting of Bolivarian officials—filled the Supreme Tribunal of Justice, the highest court in Venezuela, with Maduro allies. The tribunal stripped three opposition lawmakers of their National Assembly seats in early 2016, citing alleged "irregularities" in their elections, thereby preventing an opposition supermajority which would have been able to challenge President Maduro.
The tribunal approved several actions by Maduro and granted him more powers in 2017. As protests mounted against Maduro, he called for a constituent assembly that would draft a new constitution to replace the 1999 Venezuela Constitution created under Chávez. Many countries considered these actions a bid by Maduro to stay in power indefinitely, and over 40 countries stated that they would not recognize the National Constituent Assembly. The Democratic Unity Roundtable—the opposition to the incumbent ruling party—boycotted the election, saying that the Constituent Assembly was "a trick to keep [the incumbent ruling party] in power". Since the opposition did not participate in the election, the incumbent Great Patriotic Pole, dominated by the United Socialist Party of Venezuela, won almost all seats in the assembly by default. On 8 August 2017, the Constituent Assembly declared itself to be the government branch with supreme power in Venezuela, banning the opposition-led National Assembly from performing actions that would interfere with the assembly while continuing to pass measures in "support and solidarity" with President Maduro, effectively stripping the National Assembly of all its powers.
Maduro disavowed the National Assembly in 2017; as of 2018, some considered the National Assembly the only "legitimate" institution left in the country,[a] and human rights organizations said there were no independent institutional checks on presidential power.[b]
2018 election and calls for transitional government
In February 2018, Maduro called for presidential elections four months before the prescribed date. He was declared the winner in May 2018 after multiple major opposition parties were banned from participating, among other irregularities; many said the elections were invalid. Politicians both internally and internationally said Maduro was not legitimately elected, and considered him an ineffective dictator. In the months leading up to his 10 January 2019 inauguration, Maduro was pressured to step down by nations and bodies including the Lima Group (excluding Mexico), the United States, and the OAS; this pressure was increased after the new National Assembly of Venezuela was sworn in on 5 January 2019.
Between the May 2018 presidential election and Maduro's inauguration, there were calls to establish a transitional government. CEO of
Venezuela Al Día, Manuel Corao, argued that Maduro was no longer the president and that "the tendencies in Venezuela represented in the National Assembly [wish to] designate a transitional government that fills the vacuum of power and liberates Venezuelans from Communist evil". Former Venezuelan legislator Alexis Ortiz stated that "Castrochavism [...] rots in incompetence, corruption, and surrender of national sovereignty", calling on a transitional government to work on reconciliation, establish general elections, receive humanitarian assistance and protect civil liberties, among other requests.
A November 2018 report by the International Crisis Group said that "[n]eighboring countries and other foreign powers have taken steps–including sanction–to achieve some kind of negotiated transition, which is still the best way out of the crisis".
Justification for the challenge
The Venezuelan opposition bases its actions on the 1999 Venezuelan Constitution, specifically Articles 233, 333 and 350. The first paragraph of Article 233 states: "The President of the Republic shall become permanently unavailable to serve by reason of any of the following events: death; resignation; removal from office by decision of the Supreme Tribunal of Justice; permanent physical or mental disability; ... abandonment of his position, duly declared by the National Assembly; and recall by popular vote."
Later paragraphs describe what to do in the event of a vacancy due to "permanent unavailability to serve", depending on when the vacancy occurs:
- Prior to elected President's inauguration, "a new election ... shall be held within thirty consecutive days ... The President of the National Assembly shall take charge of the Presidency of the Republic".
- During the first four years of President's six-year term, "a new election ... shall be held within thirty consecutive days ... The Executive Vice-President shall take charge of the Presidency of the Republic".
- During the last two years of President's six-year term, "the Executive Vice-President shall take over the Presidency of the Republic until such term is completed".
Article 233 was invoked after death of Hugo Chávez, which took place soon after his inauguration, and extraordinary elections were called within thirty days. In 2019, the National Assembly invoked Article 233 due to abandonment of [President's] position, arguing that "de facto dictatorship" means no democratic leader. Invoked by the National Assembly, Guaidó was declared interim president for thirty days until elections could be held; Diego A. Zambrano, an assistant professor of law at Stanford Law School, says that "Venezuelan lawyers disagree on the best reading of this provision. Some argue Guaidó can serve longer if the electoral process is scheduled within a reasonable time". The National Assembly announced that it will designate a committee to appoint a new National Electoral Council, in anticipation of free elections.
Article 333 calls for citizens to restore and enforce the Constitution if it is not followed. Article 350 calls for citizens to "disown any regime, legislation or authority that violates democratic values". The National Assembly argues that both the national and international community must unite behind a transitional government that will guarantee humanitarian aid, bring the restoration of Venezuela's rule of law, and will hold democratic elections.
The National Assembly and the opposition have mantained a three-step position and a strategy through the crisis to restore democracy in the country:
- Cessation of the usurpation
- Transitional government
- Free elections
- Cese de la usurpación
- Gobierno de transición
- Elecciones libres