COUNCIL OF MAGISTRATES REFORM BILL BECOMES LAW

UNCLAS BUENOS AIRES 000452 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM KJUS AR SUBJECT: COUNCIL OF MAGISTRATES REFORM BILL BECOMES LAW Ref: Buenos Aires 293 ¶1. (SBU) Summary: A controversial bill first proposed by Senator Cristina Fernandez de Kirchner to reform the Council of Magistrates easily passed in the Argentine Chamber of Deputies to become law on February 23. The bill reduces the size of the Council and will likely increase the Casa Rosada's influence over the judiciary. The large margin of victory was a visible demonstration of President Nestor Kirchner's dominance of the Argentine political scene. End Summary. ¶2. (U) The Council of Magistrates reform bill (see Reftel for description and comments),which has been criticized by pponents as a threat to the independence of the judicial branch, was approved by the Chamber of Deputies on February 22 by a vote of 148 votes in favor (19 more than needed),89 votes against and two abstentions. The law reduces the Council from 20 to 13 members, while maintaining the five seats reserved for members of the majority party and a representative of the executive branch, thus increasing the percentage controlled by President Kirchner, his party and his allies. The bill, which was drafted and vigorously promoted by Senator Cristina Kirchner, had already passed in the Senate last December. After months of political maneuvering by the Casa Rosada, its passage in the Lower House was expected. ¶3. (U) During the debate on February 22, opposition members challenged the bill and called for modifications. However, after five hours of mostly pro-forma debate, the opposition was unable to gather enough support either to modify the bill or prevent it from passing. Several prominent members of the opposition, such as Buenos Aires city deputy Mauricio Macri, did not even speak during the debates, underscoring the opposition's sense of resignation. Affirmation for an Egalitarian Republic deputy Marcela Rodriguez, captured the sense of futility of the proceedings when she said "We did all we could, but these people are bulletproof." Another deputy described the defeat as "the biggest step backwards in the Judiciary since the amplification of the Court by Menemism." ¶4. (U) Opposition efforts were significantly weakened by defectors who voted in favor of the measure, creating a political crisis within opposition blocs. Radical Civic Union president Roberto Iglesias has called for the expulsion of five deputies who deserted the party and voted for the bill. Macri's Propuesta Federal alliance, after having recently lost two other members to Kirchner's bloc, also lost two deputies who were expected to either abstain or vote against the bill. The most damaging blow to the opposition, however, came from the decision of 19 deputies who had previously supported former president Eduardo Duhalde to throw their lot in with Kirchner. (Comment: The absorption of the Duhaldista deputies into the Kirchner camp effectively ends the Peronist schism created during last year's legislative elections. End Comment.) Kirchner claimed the outcome as a decisive victory and criticized the opposition for failing to present their own project, saying they preferred simply to oppose his. (Kirchner did suffer one setback, however, when former foreign minister Rafael Bielsa - who had previously expressed his opposition to the reform -left the chamber early and did not vote.) ¶5. (SBU) Comment: The opposition's inability to effectively counter the measure they so strongly opposed is possibly of more concern than the reform itself, the effects of which are likely to be felt only in the long-term. This was clearly a major political victory for Kirchner and an equally clear nadir for the opposition. By applying pressure to politically weak deputies, often through promises of federal subsidies and public works projects in their respective provinces and municipalities, Kirchner has demonstrated that, at least for the moment, his control of the Argentine political agenda is complete. End Comment. ¶6. (U) To see more Buenos Aires reporting, visit our classified website at: http://www.state.sgov.gov/p/wha/buenosaires.< /a> GUTIERREZ