The Supreme Court of Justice held that the candidacy of Sergio Uñac for the position of governor in the province of San Juan, is unconstitutional, thus preventing his candidacy for the elections that were suspended twenty days ago. This week the Attorney General of the Nation, Eduardo Casal, had opined in the same sense on the intention to seek a new mandate, something that they understood violates the restrictions imposed by the provincial constitution.
The Supreme Court determined that Uñac is disqualified from running in these elections and also established a broad criterion regarding the prohibition of re-elections.
The resolution noted that the National Constitution "establishes a republican guideline that prevents them even if there is no express prohibition in the provincial constitutions, which could be applied to many cases, including governors and mayors."
Under this criterion, a broad concept was established regarding the limits on re-elections. The judges of the Court said that the National Constitution "establishes a republican guideline that prevents them even if there is no express prohibition in the provincial constitutions, which could be applied to many cases, including governors and mayors."
After receiving the reports of the State Prosecutor's Office of San Juan, which defended the candidacy of Uñac, the Court requested the opinion of Attorney General Casal who in his opinion, which was not binding, indicated: "In my opinion the adverse fate of the candidacy of Mr. Uñac, who was elected as vice governor and then - in the next two immediate electoral contests - as governor is sealed. against which his new candidacy is outside the limitation established in Article 175 of the Constitution of San Juan".
It is the articles of the provincial Constitution that were put under discussion, since it is the one that stipulates the limit with respect to those who intend to seek re-election in the positions of governor and vice governor.
Under this criterion, the San Juan opposition had pointed out that Sergio Uñac's intention to go for one more term violated the letter of the San Juan constitution itself, omitting the restrictions that seek to preserve the republican principles established by the National Constitution: the alternation and renewal of authorities.
It should be remembered that Uñac was elected lieutenant governor for the period 2011-2015; He was then elected governor for the 2015-2019 term; and again he was elected governor for the period 2019 2023, positions that he held in full and consecutively, "which is why he is disqualified from being a candidate again and occupying the position of governor or vice governor of the province of San Juan for the period 2023-2027," denounced the opposition.
This Thursday during the agreement the ministers of the Supreme Court, Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda, pronounced on the substance of the discussion: to resolve whether the candidacy of Sergio Uñac violated the limits imposed by the provincial Constitution or not.
When analyzing the situation, in a unanimous ruling, the Supreme Court considered that the intentions to go for another term for the period 2023 - 2027, was unconstitutional.
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