With the nomination of its candidates for the Supreme Court, the Government has opened another window of negotiation with its adversaries – Congress, Provinces and Justice – which will bring it out of the isolation of a series of defeats.
The decision It is not so much a question of a future Court, but of the current Court. By anticipating the appointment process, an attempt is made to balance the strength of the majority that leads the court, which makes it up Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda.
It is learned that the Court will not take up cases challenging DNU 70 in lower courts for now, until its legislative process is completed. The Court will only move the pieces when they are [in]validity in the Chamber of Deputies.
The need to negotiate something like the integration of the Court comes into play, a question of squaring the circle other dignities. They are the new positions in an enlarged courtHe chief prosecutor and the three vacancies from the first week of April in General Review of the Nation. It is worth trading them because DNU 70 It is the only plan left standing, and shaky, for the Government. In the emergency, in the last few hours a DNU pension update also intended for the Court has been added.
The court had already made it known in December that this is the moment of politics and that justice is not there to solve the problems that politics does not solve. This is not a new criterion. He applied it with the previous integration, for the sentences on the updating of pensions: the Badaro saga and its corollaries. He ordered Congress to update pensions. When the Court saw that Congress did not do so, it tasked Badaro II with resolving the issue from the judicial branch.
Crisis at the Venice Biennale
The government received a cold shower when the Senate overturned the DNU. He wants Justice to validate its contents so as not to be trapped in the quagmire he got himself into by offending the deputies.
The mouse nest will delay treatment as long as possible, to keep him in suspense and further weaken the already weak Executive. They fear that the union of Peronism with a wing of radicalism will repeat Martín Lousteau’s decision and put an end to the dream of the DNU.
That cocktail would explode the frivolity of playing with shapes. The government enjoys majority support in Congress for many of its reforms, but the same majority opposes the transfer of a unicate to it. The stress force administration method is exhausted. “If they don’t vote for me, we will expose them”repeats Olivos. Exhibit where? at the Venice Biennale?
The waterlogging method
The move on the Court aims to destabilize the power of the trio that controls the Court, as a pressure admit treatment in favor of DNU 70and what they propose regarding retirements. He hopes that Maqueda’s vote will lose strength due to his imminent departure. A pilgrim’s discussion. For the Government this is not the moment for politics – where it loses – but that of justice. But not from this Justice. No government since Néstor Kirchner has had the 2/3 power to appoint the Court’s judges.
The negotiation will concern the proposed names…Ariel Lijo and Manuel García Mansilla– but it will also be extended to other products on the shelf. One is the expansion of the Court to make more positions available to negotiators.
Carlos Menem did it in 1990, expanding the number from 5 to 9. There was something for everyone, but this allowed him to control the field. Jorge Bacqué resigned from office and defined this reform as an attempt to flood the Court into supporting the government’s measures at the time.
As soon as he took office, Alberto Fernández relaunched the strategy of stagnation for a judicial reform that has never been successful. In December 2019, he commissioned the project to disrupt the system of power that the leadership believes operates from the Comodoro Py courts. It consisted of merging the federal courts with the national courts of the CABA district and those of the suburbs, thus dissolving the power they believe holds hostage.
As for the attorney general, the government has been testing possible names. The baquiano for this and other discrete jobs is Santiago Caputo. She interviewed several decision makers who could fuel the 2/3s and unlock the conversations. You put the judge in the spotlight as the chief prosecutor Javier Leal de Ibarra, of the Federal Court of Appeal of Comodoro Rivadavia. If the presumption that it was Ricardo Lorenzetti who triggered this move by the Court is true, it will be necessary to dismiss Leal de Ibarra.
Certainty as fantasy
The most important signal was given on Thursday by the Government with decree 267/24. It modifies the nomination process that Néstor Kirchner had regulated and states that Juan Carlos Maqueda “did not exercise the possibility of requesting the new nomination to remain in office one year before” his birthday, December 29, 2024 and states that “There is certainty that a new vacancy will be created.
This certainty is applicable to any judge of the Court and to any human being. Nor is anyone certain that they will live, so much so that they put it in a decree. Pio Baroja, Spanish novelist, said “There is no young man of 20 who will not die tomorrow, nor old man of 80 who will not live another year.” For this certainty, imagines the creative creator of the decree, it is necessary to anticipate the times. Will they seek Maqueda’s departure before the end of the year?
Signs and debris
Maqueda’s mistreatment is clear. Maybe because him It represents much of what this government rejects. The most important sentences in defense of fiscal federalism were inspired by Maqueda, such as those signed in 2015 by the Court which reorganized the funds taken from the nation to pay pensions.
The Milei administration is going in the opposite direction, seeks to concentrate the administration of the economy in the Plaza de Mayo. He believes that governors are serial spenders and that financial management should be taken away from them.
Maqueda is also a defender of the institutions of the Constitution reformed in 1994. He was a voter of Santa Fe and was part of the group of deputies who regulated the reforms in the second half of the 1990s together with Pichetto, Carrió, Mario Negri et al.
For those who look at these things, Maqueda is also Cordobese, which is a sign of Cordobaism, in the figure of a judge who represented the federal country. Even if Maqueda had asked to continue, this government would not have allowed it.
One of his opponents in court is Lorenzetti, who deserves the credit of having inspired Thursday’s decree, based on the coincidences between the recitals of the reform of decree 222, with arguments that Lorenzetti may have written in internal documents of the Court. Maqueda never declared an intention to continue and, in fact, was granted a pension for 4 years. To make it effective, he will have to resign from office, which he will do on December 28, April 1st.
Milei gives in to Carrió
The court’s declaration that this is the moment for politics puts into emergency the government’s decision to change the formula for updating pensions by the DNU. He made this known on Thursday, a few hours after announcing the progress of the process of appointing new judges. But on Monday the chief of staff Nicolás Posse had already announced it to Miguel Pichetto. It was in the meeting that the government leadership had with several members of the Hacemos bloc, today the axis of parliamentary life.
Pichetto expressed his bloc’s concern to support the formula proposed by the parliamentarians of the Elisa Carrió Coalition. It had to be debated in an extraordinary session which did not reach the quorum of 129 votes, even though it reached 126 and posed a threat for a second round.
The Government has brought the positions closer together with the proposal of the Coalition, which is another of the forces that have decided to govern from Congress to make up for the shortcomings of the Executive’s management. Now he admits that he is also updated for inflation.
Another fantasy:dollarization
Beyond the popular debate, the procedure is a response to Horacio Rosatti’s statements in several altarpieces – the latest at AmCham – againstdollarization.
The President of the Court argues that this system would be unconstitutional because it violates the mandate to maintain the value of the currency. García Mansilla identifies with the opposite position. In September last year he attacked Rosatti with declarations on the constitutionality of that project. He stated that currency protection is a power of Congress, but not an obligation.
He used as an argument that since 1860 Argentina has given legal tender to other currencies, such as the ounce of the Spanish American Republics, the Brazilian reis, the United States eagle, the Chilean condor, the Spanish doubloon, the English sovereign and the Napoleon French They could be used to make transactions, but also to pay taxes.
He also claims that the Constitution reformed in 1994 allowed decisions such as currency decisions to be delegated to supranational bodies and that on this basis there was talk of affiliation to a common currency for Mercosur.
Source: Clarin
