the opposition was withdrawn from the file following a request from the vice-president

The opposition of Together for Change was management of the judicial file who decides on the collection of the double life pension of Vice-President Cristina Kirchner. This special ANSeS allowance is estimated at $ 2 million per month and some $ 100 million retroactive under discussion to be recovered.

It was after a request from the lawyer of the former president, Carlos Beraldi. The resolution has been taken the same judge who accepted them as parties to the case a little over a month ago.

Cristina had asked to receive a pension to be a former president and another as a widow of Nestor kirchner , for having held the same office. Until there is a final resolution, you will only see one of the benefits.

In the resolution to which Clarín agreed, Judge Pérez Nami declared that those who intervene as a third party in the case “are subordinate to one of the main parties and” collaborate “with it to defend this right to do so. argue in court, I repeat, subordinate “.

In this sense, it is described that the third party, rather than collaborating, is responsible for “overseeing the actions of the party to which it adheres, providing its negligence, but cannot take positions contrary to it, although that it can provide the act of negligence, attributable to which it helps and can never alter the good order of the process, its economy and its speed “.

In this context, the magistrate underlined that the deputies of Juntos por el Cambios “seek to intervene by basing their request on the lack of procedural activity of the accused, which is not in conformity with the reality of the case “.

In response to the opposition’s response, the social security judge noted that the ANSeS “complied with its procedural charges and duly exercised its right of defense, while it quickly lodged an appeal” against the ruling that he had allowed Cristina Kirchner to receive the two honorary pensions. Consequently, declared the judge, “since the conditions of” collaboration “required by the code are not verified and taking into account the fact that the request of the institute is restrictive and exceptional, I consider that the request formulated must be rejected “.

In this way, the position of the prosecutor Gabriel de Vedia was approved, who considered that the proposal of the opposition deputies, where they said that “in their own name and on behalf of all retirees and the rest of the population “, was not sufficient to authorize their participation as a third party in the case.

“The legislators who directly represent the people of each of the different electoral districts into which the country is divided have the power to initiate laws and in their college they vote to approve them. It is the collegial body as a whole that it exercises the representation of the people and not of its members individually, ”he declared in an opinion that Clarín accepted.

Thus, said the representative of the public prosecutor, “it is not each person – legislator or legislator – individually, who exercises the representation of the people, a function which corresponds to the body of article 86, responsible for defending their interests” .

This proposal is known a month after justice had to suspend the payment of a double pension to the vice-president, after ANSES, led by Fernanda Raverta, appealed against the decision of Judge Pérez Nami. This decision ordered the presentation of the presentations made by ANSES and the opposition deputies to the National Chamber of Social Security.

The judicial decision was of a suspensive nature, it froze the previous decision which allowed the former president Cristina Kirchner to receive two privileged pensions: the one which corresponds to her as ex-president and, at the same time, the pension of widow of the former president. Néstor Kirchner, both of character for life.

“While 80% of retirees receive the minimum credit of $ 19,035, the Vice President secured a favorable resolution to receive two monthly lifetime allowances – one for serving as President and another in the form of a pension from her husband, former president Néstor Kirchner -, for which you will not pay a profit. In addition, of course, the salary he receives as vice-president, ”explained Alejandro Cacace, one of the deputies who presented the appeal and who has now been rejected as a third party in the case.

On December 29, the Social Security substitute judge, Ezequiel Pérez Nami, ruled that the vice-president was entitled to receive two honorary pensions, his own and that of former president Néstor Kirchner, retroactive and without pay the profit tax. In addition, to receive her salary as vice-president. The opposition’s calculations indicate that the vice president would collect 1.7 million pesos per month, plus 100 million retroactively and without paying income tax. But this was suspended until the Court of Appeal of the jurisdiction, pronounces

The opposition considered that they had been removed from the file after the “legal attacks” of the national government of the last days which had their epicenter in the opening speech of the Congress of Alberto Fernández and the allegation of CFK in the affair of future dollar.

However – argued the opposition this Thursday – Nami now “changed her decision and finally decided to reject the intervention as a third party of the legislators ”and signed that of the ANSeS.

“The judge reversed his own decision following a presentation by the vice-president’s lawyer, who in this letter even threatened to initiate criminal proceedings against the magistrate, ”argued JxC lawmakers.

Opposition MPs have warned on the one hand that this is happening despite the fact that the ANSeS call took place half an hour later to yours and in reaction to that. But on the other hand they say the judge now he considers them “useless” when, at the beginning of February, he had taken them as valid despite the call from ANSeS.

“Given the lack of action by ANSeS, that until then the decision in favor of Cristina Fernández de Kirchner, the deputies, among whom the president of the UCR, Alfredo Cornejo, and the deputy Alejandro Cacace, vice-president of the Commission of the social security, had not appealed. HCDN Social Security, presented a request for intervention and the appeal with its reasons at 7:36 am on February 4, requesting that the said conviction be revoked, ”they said in a statement.

They continued: “ANSeS, following this presentation to compensate for their inaction, he prepared to act and promptly presented a brief appeal for sentence half an hour later that same day at 8:04 am ”.

Cornejo, president of the UCR, declared: “The vice-president constantly denounces the judicial persecutions, that law and so on, but it turns out that the judges rule in its favor because of his double pension and his retroactive millionaire ”.

Deputy Alejandro Cacace, for his part, he understood that the judge, in just a few weeks, first granted them the intervention when he considered their interest to act credited, then he annulled his decision and, finally, he rejected his action in the case “because he considered it unnecessary”.

Opposition MPs speak now will appeal the decision of the judge before the Federal Social Security Chamber.

DS