The president of the Court, Horacio Rosatti, sent
several messages to the government of Javier Milei
this Tuesday .
On the one hand, he warned that
the “uncontrolled issuance of money” violates the Constitution
.
This phrase comes as a silver bridge to President Milei who wants to send a bill to
penalize the issuance of money without backing, as happened during the government of Alberto Fernández and Cristina Kirchner.
Perhaps it will be enough for Milei to initiate a trial for this violation of the Constitution and that, in addition, could be retroactive under Rosatti's concept.
And on the other hand, he stated that
not complying with a ruling of the Constitution
also “violates legal security” in reference to the precautionary measure that he issued in 2022 in the case of
the millionaire reduction in federal co-participation by the Frente de Todos government. that affected CABA
.
But the head of the Buenos Aires government, Jorge Macri, said last week that he now wants the Libertad Avanza government to comply with the precautionary measure, while the Court resolves the underlying issue..
In his speech before the United States Chamber of Commerce in Argentina (Amcham), Rosatti said that “there is legal uncertainty when the Constitution is not complied with.
A year ago, in this same forum, I said that we must comply with the Constitution – for which we must know it –
when, for example, currency is issued uncontrollably
.”
One of the complaints of foreign businessmen to invest is the legal uncertainty that reigns in Argentina.
“Because art.
75 inc.
19 of the Constitution establishes, as a competence of Congress, the defense of the value of the currency.
And the currency is defended when it has backing, and
not when it is issued without backing.
Because this is a way to debase, which is the opposite of defending
,” he added.
Then he said that "there is also a conspiracy against legal security when
a judicial ruling is not followed, especially if it comes from the Court
, which is the ultimate interpreter of the national legal order."
“Legal security is also violated when
vacancies within the Judiciary are not filled.
As historically occurs in Argentina, there are more than 25% of vacant positions of judges throughout the country.
“This is an institutionalized way of conspiring against legal security,” he added.
This phrase was for the majority parties that do not agree on candidates in the Judicial Council, although last Friday Cristina Kirchner lost the Control that she had maintained since 2006 over that key body.
“And the postulate of legal security is not met, it is challenged,
when issues that must be resolved by politics are judicialized.
And this has been happening in Argentina for many years.
The judicialization of typically political issues.
Faced with the inability of politics to resolve certain situations, the problem is projected towards a judicial instance,” he assured.
Then he said that “we could develop a theorem:
the more public debate, the less interference from Justice;
The less public debate, the more desire for intervention by the courts of Justice.
The judge is not there to replace politics;
"He is there to comply with the regulations that, among other foundations, come from the political establishment."