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For the federal judge with electoral jurisdiction, Carlos Soto Dávila, the decision of the National Electoral Chamber is clear: "It is the Congress that must define how it complies or complies with Article 45 of the National Constitution ". If before, Corrientes would have up to 3 additional deputies, Chaco 4 and Buenos Aires 30, explained Soto Dávila, who also found it very difficult to make such an adaptation subject only to the 2010 census.
"The decision of the House has 38 pages and it slips the possibility of going ahead with a coefficient calculation to resolve the respect of the National Constitution," explained the judge.
"It is very difficult to determine how to move forward on this issue, but the House specifies that it is the Congress that must define the measures to be taken," he added.
"We must keep in mind that France has 577 deputies and 66 million inhabitants, and Germany has 700 legislators and 80 million inhabitants". he called back.
Argentina currently has 257 national deputies and 45 million inhabitants
Currently, the Chamber of Deputies is formed according to the 1980 census.
But in its decision, the Electoral Chamber does not not say that the Congress must increase its total number of deputies (today they are 257); he could also update his composition with another method (he could resort, for example, to increase the basis of calculation).
According to the Electoral Chamber, the Congress has the discretion to decide how to adjust its composition, provided that it is updated the last census
The House made room for the proposal and asked to the Congress of the Nation to take steps to implement the constitutional mandate established in Article 45 of the National Constitution, which requires to adjust the representation to census data
According to this standard, the Chamber of Deputies is composed of representatives elected directly by the inhabitants of the provinces and the city of Buenos Aires, in proportion proportional to the number of inhabitants of each.
According to this principle, the judges explain that "the more the relationship between the population of the republic and the number of its pendants is accurate In addition, more faithfully, the wise plan of organization of the legislative power adopted by the Constitution Argentina will be respected.
To this end, the National Constitution provides that "after the completion of each census, the Congress shall determine the representation in accordance with it, may increase but not decrease the basis expressed by each deputy."
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