JOINT SESSION OF CONGRESS CONFIRMS COMPROMISE CANDIDATE

UNCLAS MONTEVIDEO 000223 SIPDIS SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV ECON SOCI KJUS KDEM UY SUBJECT: JOINT SESSION OF CONGRESS CONFIRMS COMPROMISE CANDIDATE FOR SUPREME COURT VACANCY REF: Montevideo 206 ¶1. (U) On April 22, a joint session of the Uruguayan Congress unanimously confirmed Judge Jorge Larrieux as a compromise candidate for the Supreme Court, thereby putting an end to the political turmoil generated by this vacancy (reftel). The vacancy occurred when a Supreme Court Justice reached mandatory retirement age shortly after a controversial 3-2 vote by the Supreme Court that had ruled the new tax on pensions to be unconstitutional. The retiring Justice had been the swing vote for the majority ruling. With a new Supreme Court Justice possibly tipping the balance back on the pensions tax issue, a divisive debate erupted over the choice of candidates. ¶2. (U) Lack of agreement on a candidate would have meant that all pending Supreme Court cases (including some 300 unresolved cases on the pensions tax issue) would have been distributed among 45 Court of Appeals judges, thus possibly opening the door to dozens of contradictory opinions. According to the rules, the most senior Court of Appeals judge automatically fills the vacancy after a 90-day stalemate on the nomination. In order to avoid an expected stalemate, the ruling Frente Amplio party called the joint session and nominated this most senior Court of Appeals judge as its candidate, whom the Congress ratified unanimously. ¶3. (SBU) Comment: This demonstration of political maturity from all of the political parties averted judicial uncertainty and put a close to what was turning into a politicization of the Judiciary. The new Justice was sworn in immediately after his confirmation. It remains to be seen how he will rule on the pensions tax and whether his vote will tip the balance or confirm the previous Court's judgment of unconstitutionality. End Comment. BAXTER