Identifier
Created
Classification
Origin
06BUENOSAIRES452
2006-02-24 20:42:00
UNCLASSIFIED
Embassy Buenos Aires
Cable title:  

COUNCIL OF MAGISTRATES REFORM BILL BECOMES LAW

Tags:  PGOV PHUM KJUS AR 
pdf how-to read a cable
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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

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