the opposition closes ranks, assures that it is unconstitutional and also that it could be prosecuted

The draft legal protection of the power to take restrictions in the event of a pandemic, which the government sent and has already entered Congress, has sealed off the opposition against what they call “superpowers” for President Alberto Fernández. In addition, they ensure that the measures remain unconstitutional even if they are approved by law in Congress and the question could be continued again.

The bill will begin debate this week in Senate health and constitutional affairs committees to be voted on next week on the site. The executive wants to have it approved before May 21, when the DNU still in force will expire.

The legal voices of the opposition blocs assure that the president ignored the Supreme Court’s decision and pointed out the legal flaws. The the autonomy of the provinces This is again the main thrust of the proposal.

“Congress cannot delegate a power that it does not have. No matter how much the president tries, it cannot be attributed by any shortcut of the original powers which are provinces and CABA, ”condemned radical MP Brenda Austin and added:“ He ignores and does not know that the Court has already told him that manifest unconstitutionality is not corrected even with a law Congress “.

In the same vein, he spoke before Bugle the president of the Lavagnist bloc Alejandro “Topo” Rodríguez: “If it becomes law, it will be unconstitutional. The executive power takes the powers of the provinces and, moreover, does not set a certain deadline, ”he declared.

The PRO block to deputies, chaired by Cristian Ritondo, issued a statement in which he warns that “The legislative majority is legitimate insofar as it comes under what the Constitution prescribes”.

According to lawmakers, the general provisions and rules of conduct stipulated in the text could be approved by law, but restrictions such as closing schools could not.

In this sense, the radical Gustavo Menna, vice-chairman of the Committee on Constitutional Affairs recalled before Bugle that the Supreme Court has already considered in its decision of the DNU which suspended the presence at the AMBA that it would not be constitutional either by law.

It refers to recital 25 of the vote of Horacio Rosatti and Juan Carlos Maqueda in which the judges indicate that “in the hypothetical case where the content of the regulation is implemented by a formal law, the conclusion concerning the violation of the autonomy of CABA would stay unharmed “.

“A national law cannot give orders to governors. Article 4 calls governors” delegated “to government, citing article 128 of the Constitution which does not say that, it says they are” natural agents ” from the federal government. The governors are delegates of the people who voted for them and not of the national government “, Stresses Menna.

To request the delegation of powers, the bill cites article 76 of the Constitution, which prohibits legislative delegation except for certain administrative or exceptional matters.

But this point speaks of a “fixed term for its exercise” and the opposition ensures that the text of the executive does not fix it. The project establishes that it will govern as long as “the public emergency in health matters is in force”; emergency prolonged by the executive power by decree. “Whoever delegates power must fix the term, concrete, not the executive “, they claim.