2023-07-12 05:57:55
Unlike what it did in San Juan and Tucumán –where it prevented the Peronist governors Sergio Uñac and Juan Manzur from competing–, the Supreme Court found its own limit when it received a petition once morest the presentation of Jorge Macri as the PRO-Juntos candidate for the change to Buenos Aires head of government. The Partido Obrero (PO) challenges his nomination because he is not a native nor has he lived in the City in the last five years, as established by the local Constitution. However, three of the supreme, without getting red, said that the issue was not within their competence and left the resolution in the hands of the Superior Court of Justice (TSJ) of Buenos Aires, where the macrismo has an automatic majority.
Vanina Biasi is the pre-candidate for head of the Buenos Aires Government for the list of Unity of fighters and the left -within the Front of the Left and Workers-Unit (FIT-U)–. She challenged the candidacy of the former president’s cousin both in local justice and in the Supreme Court. Before the highest court, Biasi filed a declaratory action of certainty. She wanted the Supreme Court to tell her if Jorge Macri might actually be a candidate.
The problem with the application of Jorge Macri is what is established in article 97 of the Constitution of the City. There it is stipulated as a requirement that whoever wants to occupy the head of Government must “be a native of the City or have a habitual and permanent residence in it for no less than five years prior to the date of election.” The former president’s cousin was not born in the City, but in Tandil and since 2011 he has been mayor of Vicente López. According to an interview given to him by his partner, the journalist Belén Ludueña, to the Hola magazine, the two began to live together in 2020 in La Lucila, Vicente López.
On Friday, the interim attorney general, Eduardo Casal, ruled that the Court did not have to get involved in the issue because it was a matter of local justice. This Tuesday, the Supreme Court – neither dull nor lazy – signed a ruling in line with what was ruled by Casal.
“The lawsuit inescapably requires interpreting the constitutional clauses of the CABA related to the conditions required to be elected as head of the local Executive Power, a matter that concerns its political legal procedure of organization, that is, a set of acts that must be born , develop and be fulfilled within the strictly local sphere”, wrote Horacio Rosatti, Juan Carlos Maqueda and Carlos Rosenkrantz.
The fourth member, Ricardo Lorenzetti, did not sign because he is on leave this week. There are those who speculate that the ruling came out so quickly because Rosenkrantz also already warned that he would take a few compensatory days starting on Wednesday. In this situation, the resolution might not come out without the signature of Rosenkrantz – the supreme most aligned to the PRO world.
“When it comes to a Macri, the Supreme Court does not make interpretations that have to do with the Constitutions –in this case, of the City of Buenos Aires–, but issues a political ruling in which he abstained from commenting. If I had to give an opinion, I would have to agree because the constitutional article is very clear, ”he tells Página / 12 Biasi. “The Supreme Court of Justice demonstrated once once more that in Argentina there is no independence of powers, but that there is a Judicial Power that, according to how it is politically located at each moment of its history, will respond or not to different interests.”
Where there is a need a standard is born
“In May the Supreme Court suspended provincial elections to avoid the triumph of Peronism, now it guarantees that cousin Macri is a candidate in the Federal Capital. It doesn’t matter which member of the Macri Family it is, with the Judicial Party they are always privileged,” Justice Minister Martín Soria tweeted following the ruling was announced.
In San Juan, the Court prevented Sergio Uñac from competing and Unidos por San Juan seized the governorship from Peronism. In Tucumán, Manzur might not compete as vice but there was no bump from the opposition. However, beyond the results, the Court altered the course of the elections. He did so before proposals similar to Biasi’s in which local constitutions also had to be interpreted. However, on those two occasions, the Supreme Court maintained that Article 5 of the National Constitution was at stake – which enshrines the representative republican system in each of the provinces. In this case, he saw no such danger.
The context of the ruling that benefits Jorge Macri is particular. The members of the Supreme Court face an impeachment process. The links with the PRO, particularly with Horacio Rodríguez Larreta, are part of the accusation. This Tuesday, it was revealed that Rosatti’s spokesman, Silvio Robles, participated – without appearing in the minutes – in one of the private hearings between the Buenos Aires government and the national government on the Coparticipation dispute. According to former minister Silvina Batakis, who appeared as a witness before the Impeachment Commission, Robles was sitting at the back of the row occupied by Larreta officials (see separate).
A friendly court
The decision on whether Jorge Macri can be a candidate is in the hands of the TSJ. Last week, the City Electoral Tribunal gave a benevolent interpretation of article 97 of the City Constitution and said that, in reality, it is not required that the five years be “immediately” prior to the elections, so In that case, the former president’s cousin would meet the requirement.
It will be necessary to see how the supreme Buenos Aires do to validate it because that same court, in 2010, told Adrián Pérez –at that time an ally of Elisa Carrió– that he might not compete as head of the Buenos Aires government because he “alternated” his residence between Azul, where his family lived, and the City of Buenos Aires, where he served as a national deputy.
Of the judges who signed that ruling, only Alicia Ruiz and Luis Lozano remain, who, at that time, said that the court should not take the case. The other three members are directly linked to PRO. They are Inés Weinberg de Roca (Macri’s candidate for the Procuratorate following forcing the resignation of Alejandra Gils Carbó), Santiago Otamendi (his former Vice Minister of Justice) and Marcela De Langhe, who was in charge of the Higher Institute of Public Security (ISSP). ) –where the City police officers train and where Judge María Eugenia Capuchetti reported as an investigator while investigating the attack once morest Cristina Fernández de Kirchner–.
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