Identifier
Created
Classification
Origin
08MONTEVIDEO223
2008-04-23 13:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Montevideo
Cable title:  

JOINT SESSION OF CONGRESS CONFIRMS COMPROMISE CANDIDATE

Tags:  PGOV ECON SOCI KJUS KDEM UY 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHMN #0223 1141315
ZNR UUUUU ZZH
R 231315Z APR 08
FM AMEMBASSY MONTEVIDEO
TO RUEHC/SECSTATE WASHDC 8133
INFO RUCNMER/MERCOSUR COLLECTIVE
RHEHNSC/NSC WASHDC
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

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