2023-07-14 20:48:00
The Superior Court of Justice (TSJ) of Buenos Aires ruled in favor of the candidacy of Jorge Macri to head of government. He confirmed the sentence that the City Electoral Tribunal (TE) had handed down on July 3, which held that he fulfilled the five years of residence in the district necessary to be a candidate.
The highest court of Buenos Aires made its decision by four votes to one. He did not rule on the specific situation of Macri and his residence in the district he aspires to govern, but warned that those who had challenged him were not “legitimized” to do so because they did not comply with the procedure provided by law to question the candidacies.
For rejecting the appeals filed once morest the ruling of the Electoral Tribunal that favored Jorge Macri, the judges voted Ines Weinberg, santiago otamendi, Luis Lozano y Marcela De Langhe. The judge ruled once morest Alice Ruiz.
Those who challenged the candidacy of Jorge Macri were the ex-radical senator Its Artaza and the pre-candidate for Buenos Aires head of government Vanina Biasi (FIT). Artaza said to THE NATION who will now try to reach the Supreme Court with an extraordinary appeal.
Last Tuesday, the highest national court refused to take the case because it maintained that it was not a matter of its “original competence” and that, therefore, the Buenos Aires justice had to resolve it. As the City judges have already ruled, the challengers will be able to make a new attempt before the Court. Time plays once morest them because there is less than a month left for the PASO, next Monday the judicial fair begins – it will be the TSJ’s decision to enable the fair or not – and the extraordinary appeal has long deadlines.
The judges of the Superior Court of Justice of the City of Buenos Aires: Marcela De Langhe, Alicia Ruiz, Inés Weinberg de Roca, Luis Francisco Lozano and Santiago Otamendi.prensa@jusbaires.gov.ar
In the ruling that was confirmed today, the City Electoral Tribunal said that Jorge Macri complies with the requirement of the local Constitution of having resided in the district “for the five years prior to the election date” because argued that the law does not require that they have been the immediately preceding and that it might have been another five years. According to the Electoral Tribunal, Jorge Macri fulfilled the requirement between 1981 and 2006. Therefore, it is not important that in 2019 he won his last term as mayor of Vicente López, where he had his domicile established at that time.
The disputed requirement is provided for in Article 97 of the City’s Constitution, which establishes: “To be elected, one must be Argentine, native or by choice; be thirty years of age on the date of the election; be a native of the city [Jorge Macri nació en Tandil] o have habitual and permanent residence there for not less than five years prior to the date of election (…)”.
Horacio Rodríguez Larreta, head of the Buenos Aires government, and Jorge Macri, the Pro candidate to succeed himGCBA Press
In favor of Jorge Macri’s candidacy, he also spoke out Juan Bautista Mahiquesthe head of the Buenos Aires prosecutors, who ruled the day before yesterday that when the Buenos Aires Constitution refers to “the five years prior to the date of the election” what it asks is that the five years be completed before the elections are held and it does not require that it be the five years immediately prior.
The judges who voted to confirm the ruling that Jorge Macri is authorized to compete are Weinbergwhich had been proposed by Mauricio Macri to be the Attorney General of the Nation in replacement of Alejandra Gils Carbon, but the Senate never dealt with his statement. Weinberg was also appointed, three years ago, by the president Alberto Fernandez to integrate the commission of experts that would advise him on a possible reform of the Supreme Court and the Council of the Magistracy.
The judges of the Superior Court of Justice of the City of Buenos Aires: Santiago Otamendi, Alicia Ruiz, Inés Weinberg de Roca, Luis Francisco Lozano and Marcela De Langhe
They spoke in the same sense Lozanoa judge close to the Peronist jurist Rafael Bielsa who is one of the oldest in the court, and Otamendi y The Langhethe last to be appointed -he named them Horacio Rodríguez Larreta-. Otamendi was number two in the Ministry of Justice during the management of Germán Garavano in the Macri government. The Langhe She was director of the Higher Institute of Public Security (which trains Buenos Aires police officers) and is close to Guillermo Montenegro, today mayor of Mar del Plata and Macri’s former Minister of Justice in the City. Before arriving at the High Court, De Langhe also made a link in the City with Martín Ocampo, Daniel Angelici’s man.
Ruiz, the only judge who voted to revoke the ruling that favored Macri, is an academic with a progressive profile. She was one of the founders of Legitimate Justice.
Inés Weinberg, the president of the Superior Court of Justice of the City of Buenos AiresArchive
Weinberg, the first to vote, said that the appeals filed once morest the Electoral Tribunal ruling should be rejected and that it is “ultimately up to the electorate to make their decision at the polls.” He warned that those who challenged Jorge Macri’s candidacy should have done so “before the Electoral Board of the Together for Change alliance,” and not directly before the Electoral Tribunal, because that is how the rules establish it. He also maintained that they have already lost the chance to go the right way.
Judge Luis Francisco Lozano, of the TSJ
Lozano He agreed that the appeals were not admissible and that, for this reason, they had to be rejected, but he explained that due to the “institutional gravity” of the case, he believed it was necessary to make some additional “considerations”. He warned, for example, that he disagreed with the Electoral Tribunal’s interpretation of Article 97 when it said that the required five years of residence may not be the immediately preceding years. He also reported that the Electoral Tribunal did not consider that Jorge Macri claimed to have habitually and permanently resided in the City since 2015, although during most of that period he also maintained domicile outside the district, and stressed that domicile and residence are different concepts. “However, it is not up to this Court to analyze it, even less in the original instance,” said Lozano regarding Macri’s residence following 2015.
Lozano stated: “Finally, it should be noted that the TE has adopted an interpretation that, although I do not share, complies, as I said, with the healthy principle of not prohibiting, through restrictive interpretations, the participation of those who intend to compete as candidates, that is to say, it adopted an interpretation that leaves the final word to the people who vote”.
Judge Santiago Otamendi, of the TSJ
In the same way, Otamendi He affirmed that the voters of the City can challenge the nominations of the pre-candidates “within 48 hours of the presentation of the requests for officialization of the lists” and that they must do so “before the Electoral Boards of the political groups”, but that Artaza and Biasi did not do so and, therefore, they are no longer on time. He also stated that the “principle of participation” must be prioritized and that “between two possible solutions, the one that best suits participation in the electoral process must be chosen.”
Judge Marcela de Langhe, of the TSJ
The Langhe He also stressed that it was before the Electoral Board that the challenge to Jorge Macri’s candidacy should have been presented. “The verification of the lack of legitimacy of the appellants to appeal before this Court inhibits us from analyzing the merits of the issue discussed in these proceedings,” he said.
Judge Alicia C. Ruíz, of the TSJ
Ruiz, who voted alone, reported that although the TE maintained that the challenges should have been presented before the Electoral Board of the Political Group, “it devoted itself to their treatment” and declared that Macri complied with the requirements of article 97. That later the TE even admitted the appeal and raised the case to the Superior Court of Justice. All this, for Ruiz, implied “an implicit recognition of the standing of the appellants.” Therefore, this judge understood that the TSJ should take the case.
Regarding the substantive issue, Ruiz argued that when the Buenos Aires Constitution refers to “the five years prior to the date of the election” they are the immediately preceding ones. “It is the article ‘the’ that determines that it is the five years that precede the date of the election and not just any five years,” he said. And he said that “a constitutional provision such as the one under discussion here, whose literalness and syntactic structure respond to the common and habitual use of language, does not authorize forced interpretations, nor does it raise doubts as to its meaning.”
“The Constitution, more than any other law, is designed and written to be accessible to all people. Those of us who are legal operators, judges in particular, have the duty to act accordingly,” said Ruiz, who also stated that “electoral rights, like any other right -for example, citizen participation or the right to access the fairness – are not absolute.
Ruiz voted, alone, to “revoke the ruling of the Electoral Tribunal and declare that Jorge Macri does not meet the requirements” to run for head of government.
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