Thursday , April 22 2021

Macri decides on dominion layout and meaning on & # 39; anti-corruption calendar

The President Mauricio Macri drew a judgment of necessity and urgency (DNU) to give an account of & # 39; To set the rule in motion so that justice can be "feeble and transparent" from the drug trafficking, organized crime, it is about people and corruption.

The mechanism that the president makes DNU can now be published in & # 39; Official Gazette It consists in that the citizen and commercial court, in the presence of a federal criminal, lacks the rule of & # 39; Decide the case of a person that was created by the second draft by the earned commission of some of the changes.

The announcement was made by the president of the Salón Blanco de la Rosada hour after the second convention meeting (the first one was last Thursday) after his 23-day holiday and his official visit to Brazil. Except the president of PRO, Senator Humberto Schiavoni, the largest of & # 39; The present were ministers and officials of ministries related to the subject, many of them informal for vacation.

It was the first announcement of political institutional influence at the beginning of a voter year, on what government seems to be one of & # 39; e both central axes from & # 39; a reign (the fight against corruption and insecurity) is written before absence of economic performance. From there, after the announcement, the details of the press for the Minister of Justice, Germán Garavano, and Security, Patricia Bullrich were arrested.

In his speech of less than five minutes, the president succeeded in controlling the government in rolling out the issuing of rule by this mechanism, not just to reduce Congress's rights in the project sends over two years ago. Under the licenses that are currently being broadcast, he cited, at the end, "even the works of art that can be sold … so that we set up Argentina's problems & # 39; we've been recording for decades ".

In & # 39; the case of & # 39; e notebooks treat federal judge Claudio Bonadio paintings and other artworks from the home of former president and senator Cristina Fernández de Kirchner days ago.

Bullrich's definition of politics was also defined. He said the DNU would enable the citizen and commercial courtesy in a "15-year retroactive domain" statement; The period almost serves the beginning of Néstor Kirchner's government. But later, a high source of justice says that retroactivity will be 20 years, that is until the end of Carlos Menem's government.

"Who you pay for it"

"It is not enough to condemn the people who lead these criminals, because while they have sources they continue to operate. Therefore, we must also get economic power," said Macri. .

"Today's criminal justice has tools to prevent these actions, but they are very slow. With this domain of expression, we are making a step forward, so Alignment, in addition to destroying the responsibility of a crime, more often occur in repeating these fees, "he said.

And he caused "criminals to pay all the last asset they had illegitimate." "Let them know that in Argentina today," he said twice again, "who's they paying."

According to the text of & # 39; s announcement that & # 39; t matches La Voz, "it is obligatory for the guilt of a domain expression that rather has the judge that holds it in criminality measure on the case, for its common connection with the crime. "

In addition, it is stipulated that the removal & # 39; has the last proof to prove that the property or rights of & # 39; the property release action has been prevented in his estate prior to the date of sworn commission of & # 39; an investigated crime or the origin of recommendations from the founders he received ".

The text contains the creation, within the Bureau General Office, of a domain division advantage in a national state, with faculties of research & # 39; to execute the officio.

A legal tool that speaks

The main foundations of a Macri measure.

What is domain extraction? It means that a corrupt person stops as the owner of property who has the state robust. The current criminal law is already possible to act, hang, and confiscate so-called guests, but the corruption stays with some owners, and the state cannot do anything about it. Meanwhile, they collect in the meantime. With the release of property, these possessions are directly owned by one province.

Why does Macri make a decision of necessity and urgency (DNU) instead of congressional law? To & # 39; deputies and senators do not match the content of & # 39; s law. After 2016, following the scandal of José López's case, the Nedersakel gave a whole boost to a project of domain expression through a broad line of voices: 135 of change, massism and the PJ, against 50 negatives, of the Front for the battle and the left. But the Senate "sleeps" the initiative of being aware of the whole week 2017 that the text was indeterminate. If in late 2018 he would lose parliamentary status, the pressure on his senators began to grow to deal with. This last final August, when it was promoted a project approved by the PJ, was completely different from the one's deputy. The lower house would have set the senate, or removed on their half-sink. But they have nothing. Therefore, there is no law.

What are the differences between the Deputy's design and those of Senate? According to the design of the Provincial Executive, with only a decision, each police officer may request a civil servant to control the domain's layout, which can be solved without a criminal record, with only the assertion that a person was capable of different maneuvers . On the other hand, it projects & # 39; e PJ endorsed by the Senate as a condition to make the domain definition that a criminal conviction at least exists in the second institution.

What does Macri's DNU say? The verdict is in line with the average sanction of the Provincial Council, judged by what she declared Minister of Justice, Germán Garavano, and security, Patricia Bullrich. That is to say, deleting a domain is an exclusive action from any official jurisdiction, apart from the criminal law. The official argument is that the state must be wounded by the corruption and not wait for the senses to last for years.

What criticism made of an opposition? They assert that the authorization of property release, as is well known, costs pseudo state fills in compensation for people who designate unrestricted scripts.

For her part, Minister Garavano said, "on the other hand," there are enough guarantees for those who have earned a good and that this DNU "only applies to capabilities that are later than criminal investigations Examining, civilizing where it is discussed longer if a person is legitimate or not the owner of a good. "

Does the DNU require congressional approval? According to the law, once dictated and published in & # 39; t Official Gazette, the president of the DNU already has full money, if not denied by both houses of Congress, each in one session.

In the past, the bicamic committee of Legislative Procedure should speak out, not on content, but on the validity of & # 39; e DNU. But the commission's judgment is not linked. In other words, only the voices in both surfaces of both bodies matter.

The DNU process has been designed so that as a president a judgment tries it practically impossible for Congress to refuse it. In fact, there is no record of a DNU that has lost values ​​because it was denied by the parliament.

Print edition

The original text of this article was published on 01/22/2019 in our print data.

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