Raffalli states that the National Assembly and the Transition Statute declare that Nicolás Maduro has occupied the Presidency since 10 January "without having submitted to a legitimate electoral process". Article 333 of the Constitution of Venezuela calls for citizens to restore and enforce the constitution if it is not followed; Juan Guaidó and the National Assembly argue that a transitional government must restore Venezuela's rule of law and hold democratic elections, but Raffalli explains that Article 333 "does not contain specific details" about how to "restore the constitutional order", and that the statute was formulated "to give a rational order to the process of political transition to which content refers". According to Raffalli, "the Statute clearly states that the rescue of popular sovereignty and the restoration of constitutional order will be definitively achieved by holding free, authentic, transparent, competitive and fair presidential elections. It provides that these elections be convened within 30 days after the date on which the usurpation ceases, and will be made as soon as technically possible, but within a maximum period of 12 months." – National Assembly deputy representing Carabobo state and president of the Commission for the Defense of the Constitution – drafted the statute. He says the statute "establishes the legal framework for action of the Acting President and the National Assembly to enable the rescue of the rule of law", and that the purpose of the statute "is to legally frame the transition process within the 1999 Constitution". He explained that the statute allows the National Assembly to advance towards elections even with Maduro present, stating that "... some actions that can be carried out while the usurpation exists, and others are reserved for when the usurpation ceases." Articles 6 and 20 provide for the National Assembly to advance electoral processes while a provisional government is formed, and until a new National Electoral Council can hold full elections.
Transition to elections
Matheus explains in an article for Tal Cual entitled "12 questions and answers on the Statute that governs the transition to democracy" end the usurpation of the office of the presidency, 2) form a provisional government, and 3) hold free elections. Article 3 aims to reverse the "complex humanitarian crisis" by restoring constitutional order. Articles 8–12 hold that there has not been a legitimate president elected to the 2019–2025 term, nullify all acts of Nicolás Maduro since 10 January, and provides for the end of duty for public officials and members of the Armed Forces to obey Maduro. Article 13 states that the National Assembly's constitutional term ends on 4 January 2021. Article 14 defines the office of acting president and its timing, in accordance with Article 233 of the Venezuelan Constitution, as the President of the National Assembly. He writes, until "the usurpation ceases, Juan Guaidó is simultaneously President of the National Assembly and Acting President of the Bolivarian Republic of Venezuela"; the "thirty days begin within which Juan Guaidó must be separated from the Presidency of the National Assembly to exercise only and exclusively as Acting President and proceed to adopt the necessary measures for the realization of free and competitive elections. During these thirty days the deputy Juan Guaidó will be replaced by the vice-presidents of the National Assembly, in accordance with the Internal Regulation and Debates." Article 26 defines a provisional president; after the 30-day period of Article 233 has passed "without it being possible to hold free and competitive elections, the National Assembly may ratify the acting President as provisional President for the purpose of forming a government of national unity until free elections are held and there is a President-elect who can complete the 2019–2025 period". Then elections must be held within at most twelve months or the shortest possible time allowed by technical conditions. The person elected will be sworn in as soon as possible, and serve the remainder of the 2019–2025 term.
Other provisions
The Transition Statute establishes budgetary and financial governance for CITGO and PDVSA, and the use and recovery of these petroleum industry assets. It authorizes the National Assembly to "appoint the directors of the state-run PDVSA petroleum company and its affiliates control recovered assets".
