Hours after the harsh defeat of the ruling party in
Deputies
, which forced it to send the Omnibus Law project, which had general approval, back to committees, the Government began to spread that they were studying the possibility of holding a
popular consultation
and
PRO
deputy Gerardo
Milman
presented the project
to carry it out.
"Today I have presented a draft declaration for
the Executive Branch to call a Popular Consultation
under the terms of Article 40 of the CN," published deputy Gerardo Milman on the social network "X."
"Likewise, I presented a bill in the same sense regulated by the second paragraph of Article 40," he added.
This Wednesday morning,
presidential spokesperson Manuel Adorni
stated that they are "evaluating" the possibility of holding a plebiscite for the Omnibus Law and clarified that "the law is going to become a reality."
"The law is going to become reality. In that case, at some point politics will realize
what people ask for and want
. In short, at some point the law is going to become reality. Obviously, they still do not perceive what the law requires. Argentina and evidently they are not assimilating what the people voted for, which was a change," Adorni stressed.
In his usual press conference at the Casa Rosada, Javier Milei's spokesman stressed: "
All constitutional tools are being evaluated
. This does not put any obstacle to the economic plan that we have been carrying out."
Today I have presented a draft declaration for the Executive Branch to call a Popular Consultation under the terms of Article 40 of the CN.
Likewise, present a bill in the same sense regulated by the second paragraph of Article 40 @JMilei
— Gerardo Milman (@gmilman) February 7, 2024
Also on social networks, the spokesperson posted an
interview that Milei gave
to journalist Luis Novaresio in which he asked him what he would do if Congress rejected his bills and in which he stated that the answer is a popular consultation.
The call for consultation has limits.
Constitutional lawyers emphasize that a popular consultation cannot be held in criminal matters, nor in matters that require a special majority in Congress or are the powers of one of the Chambers, such as tax issues for Deputies (which included the omnibus bill) and co-participation issues for the Senate.
The Government rules out the possibility of resorting to a binding plebiscite - which must be approved by Congress -, an alternative contemplated in Article 40 of the Constitution.
"It is not an option, because they would block it beforehand," they maintain in the Casa Rosada.
Video
The presidential spokesperson expressed his view after the return to committee of the Omnibus Law.
End. pic.twitter.com/a1ehTrhIWx
— Manuel Adorni (@madorni) February 7, 2024
A popular consultation must be called between 60 and 120 days before its announcement in the Official Gazette.
"When a bill submitted to non-binding popular consultation obtains the affirmative vote of the absolute majority of valid votes cast, it must be dealt with by the National Congress, being automatically incorporated into the parliamentary work plan of the Chamber of Deputies of the session following the date of proclamation of the result of the election by the electoral authority," states law 25,432.
The last plebiscite that was held in Argentina was in 1984, during the government of Ricardo Alfonsín, to see if the Peace Treaty with Chile over the Beagle Channel was accepted or rejected.
D.S.