The court fails by Santa Cruz and the barbs arrive in other provinces – 12/09/2018


The Court solves something more than the law of slogans

The Supreme Court of Justice will decide this week if it becomes the final arbiter of electoral errors, where they beat, encapsulate the demons of the Argentine political crisis. It will also show if with the change of authorities that the promotion of Carlos Rosenkrantz meant in the place of Ricardo Lorenzetti, was verified a change of political direction in court. The ministers pledged to resolve on Monday, locked in four walls and without witnesses, which will do with the fate of the controversial system of elections of the slogans, that radicals one of the three provinces where it governs, Santa Cruz. The decision will be made public, in any case, after the settlement of agreements on Tuesday.

The resolution gained gravitation as the political community sees in it the possibility of substantive definitions. First of all, if this Court is willing to become the window of complaints of issues that do not resolve other powers and other jurisdictions, due to the impossibility of reaching agreements of any solvency. This will happen if you get into the heart of the matter and understand, in a new ringtone, that electoral matters do not come under the exclusive jurisdiction of the provinces, a criterion that has been endorsed – with few exceptions – by the court. What resolves, moreover, will have consequences in the political field.

If it validates the slogans system, it will benefit Peronism and will contradict the national government of change. If you leave the decision of the court firm of santacruceña, it will give the strongest endorsement to the risky administration of Alicia Kirchner, square of resistance of the residual Kirchnerismo. If you flip the slogans, you will flatter the decision and have expanded the angle of the problems to be solved. For example, the mistakes for re-election of at least two governors, who they seek at these times to extend mandates in 2019.

Fear of the Judges Government

Fear of leaks caused the last meeting of the lawyers – advisors of each court judge – to be suspended and moved the decision to this Monday. It could not be earlier because the Attorney General's opinion came a week ago, and because court president Carlos Rosenkrantz was in the United States and arrived only Monday morning. Since the date of the sentence was marked – tomorrow's pressures began on the 4th floor of the court. The radical senator Eduardo Costa, who competed with Alicia in 2015 and he does not want to repeat the defeat in 2019. He complains of his own government for not creating a climate of opinion contrary to the law of slogans, as if he were not interested in his destiny in the province. The way to protest was to be absent from the session that approved the main Cambiemos project, the national budget, which contains the financial program agreed with the IMF.

In addition, what emerges from Tuesday's agreement will consolidate a government court, or a court that borders its borders with caution in a country with weak powers. The court tried similar situations avoid the rule of judges. The most well-known case is pensions. The Court has been the seat of complaints against the pension authority and has always acted as a supplementary and provisional instance of the other powers. It is shown by the Badaro series of faults. In 2006, the Court ruled in favor of the retiree of that surname, who demanded an update of his benefit, but warned Congress that he had to revise the method of calculation by law. As this delayed came Badaro II, which seemed an executive measure of the Judiciary.

The court tries to avoid in these days that the saga repeats itself. On Tuesday of next week, the sentence was compromised to solve a similar error. It will resolve that the ISBIC formula is worth (Index of Basic Wages of Industry and Construction), and not what the government wants to impose in the judgments of the retirees who are in the program of the Historical Repair, the RIPTE (Average Taxable Compensation Index of Stable Workers). But he will demand in the same sentence that Congress provide a more peaceful formula.

Intolerance also ruin the slogans

The Peronist governor of Santa Cruz lost in the popular vote in 2015, but took the post because he added the votes of the also Peronist Daniel Peralta. Since 2015, this administration has resisted the pressure of the national government to repeal a system that has ruled many provinces, but has disappeared. It was by motion of the provincial forces, which challenged the so-called "double simultaneous vote" that this Belgian system implies, which made fame in Uruguay and was adopted in several provinces. It attends parties with many internal divisions and without discipline, such as Peronism. This force has a cacique origin in a military man, Juan Perón, was created under a military and state regime. That's why he had only two drivers; Perón himself and, in the 1990s, Carlos Menem. Since Rioja's departure from leadership, he seeks a leadership that unifies, but does not appear.

The party crisis has worsened since 2001, and has called into question the slogan system, which is peaceful when groups are strong and share basic pillars on ideas and programs. It is a method that works within a political family, in which it can be tolerated that the vote for "A" ends up benefiting a cousin, so to speak. Now, if the vote of a Peronist goes to an Urtubey, but ends up consecrating a Kicillof, the system makes noise. That is why he was falling in the provinces and today is cornered in the Court. The fragmentation of the Creole political system has gone hand in hand with growing intolerance inside and outside the parties, and it is intolerable that the voting should be conducted in a different sense than the voter desired.

It is also an X-ray of power in the Court

The confrontation with the slogans will also allow an X-ray of positions within the court. In the previous presidency of Lorenzetti, the jurisprudence was imposed that the electoral questions they are matters of provincial public law, something that this time ratified the Power of the Nation, that intervenes Eduardo Casal. As he is in office with a license from the Executive, there are pro-government officials who believe that Olivos is supporting the slogan law in Santa Cruz because the chief prosecutors contends it is a matter of the provincial court, which has already endorsed its application.

The Court has only departed from this criterion on two occasions and has in matters of Santiago del Estero. First, he dropped a constitutional reform that promoted an intervention, by a claim of the radical José "El Proto" Zavalía. Later, when he became a third-rate governor of Gerardo Zamora. In all other cases, the provincial jurisdiction for electoral matters was protected. In the Court there are two judges who were constituents –Juan Carlos Maqueda and Horacio Rosatti– who were characterized by their failures to sustain the federal system. Ricardo Lorenzetti is added to them, who presided over the Court in 2015, when the sentence was pronounced in favor of three provinces that demanded coparticipación, against the Nation. Lorenzetti voted with Maqueda and Carlos Fayt in favor of fiscal federalism.

If this criterion were transferred to the cause of the slogans, it is not surprising that Maqueda and Lorenzetti maintain that it is a provincial matter and that the Court does not have to interfere. This, if it is true, in the hands of Horacio Rosatti, another former constituent, who comes from Santa Fe. There he served as mayor when he governed the law of slogans, and it is not known that he had discussed its validity.

The Magnifying Glass in Rosenkrantz's Past

The head of the court arrives on Monday in the United States, but neither is known about the matter. From a distance, he ordered the meeting of lawyer-counselors to be suspended, so there were no leaks about the end, at a time when pressures were increasing to obtain information from all political tribes. Before 2011, he was the sponsor of the cause that Francisco de Narvaez had started, in order to be a presidential candidate. At that time Rosenkrantz could claim the jurisdiction of the Supreme Court in a matter that was of the electoral jurisdiction. De Narváez managed to be a candidate for governor at the Buenos Aires Court, by analogous application of the decision that allowed the magistrate of Mar del Plata Federico Hoof to be chaplain: he was born in Holland but had been raised in Argentina and could not ascend as judge to provincial waiter because the Constitution said that he was a native Argentine.

De Narvaez was a Colombian, but benefited from Hoof's decision. Is Rosenkrantz's professional training valid to say that the law of slogans is a matter of jurisdiction of the Court and not of provincial jurisdiction? This magistrate is a constitutionalist who will certainly focus on examining the issue in doctrine and not in opportunity, which is what everyone is looking at. It is speculated that he will examine within the meaning of Article 8 of the national Constitution. This article says: "Citizens of each province enjoy all the rights, privileges and immunities inherent in the title of citizenship in others." By the law of slogans, does the vote of one citizen of Santa Cruz count less than that of the inhabitant of another? province, to the point of being subject to resale?

Julian vs. Hannibal, internists notice

Leading this to the debate of the law of slogans, the discussion about the value of a vote is open. If one man equals one vote everywhere, why does Santa Cruz count two votes for this slogan figure as a "double simultaneous vote"? Is the vote not double in installments, on two different dates? In the ballot the citizen votes twice, freely, choosing in the second round between only two possibilities. In the law of slogans, choose the system, but this is peaceful if done within a family. In Argentina today, matches are cages in which fractions. It shows the Peronist proposal between federal and Christian. Also the grudge of a few fractions of change. They joined radicals and PRO on Tuesday at a barbecue in Palermo, but what came out of there It was not very encouraging.. The panel stopped in a debate about who should be running for governor in La Pampa. The radicals conducted two surveys (Aurelio, Poliarquía) that maintain that the best placed is Senator Juan Carlos Marino, of the UCR. The friends of PRO responded that the party has "Colorado" Carlos Mac Allister willing to go to a trainee (in La Pampa there is no STEP mandatory).

"We can not reduce him because he has already made the sacrifice to resign from the Sports Bureau to be a candidate," they explained. For the radicals, going to an intern would be a weakness demonstration, in addition to exposing them to the Peronist government of that province to have the voters intervene in the result. The next day, when this was communicated to Marino, the senator announced that he was resigning. Everywhere there is a reluctance to go to the inmates, because they see the mirror of the PJ of Buenos Aires when they confronted Julián Domínguez and Aníbal Fernández. This internal struggle generated so much resentment that it deteriorated the formula that had expired and that then lost the election to Vidal.

Two governors await decision

If the Court presumes that the law of slogans is not something provincial, but touches the constitutional guarantees, it will become the seat of other pending errors. Nowadays there are two governors who are trying to renew its mandate with loose roles in the institutional field. One of them is Sergio Casas, from La Rioja, who is discussing a new term. The other is Alberto Weretilneck, in Rio Negro. The Court in the case of the slogans admitted to deal with the matter. If you endorse the system, the claims of Casas and Weretilneck will come to you. Emphasizes the situation of Rio Negro in the visit of Miguel Pichetto next Friday to Bariloche, in search of oxygen for his presidential candidacy. Or a national senator. The Peronism of his province snubbed it, but it lays down a "federal" passage in the national order that will seek partners in Rio Negro. His son Juan Manuel will be a candidate for mayor of Viedma, president who narrowly lost in 2015. It is not ruled out that Pichetto will find local partners in the neighborhood of the current governor Alberto Weretilneck, who will seek re-election for a transversal league that will face today Cristinista Martín Soria E this is linked to his re-election, which may also end in court.


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