The libertarian rush for the omnibus law collides with the regulations of Congress

2023-12-31 06:29:51

From the beginning of his administration in the Casa Rosada, the government of Javier Milei showed an evident rush to implement measures for the deregulation of the economy and the repeal of a significant number of current regulations that materialized in the signing of the decree of necessity and urgency and the sending to Congress of the megabill, to which another similar one will be added in the coming days. However, the attitude of the ruling party, especially the Executive, collides with a multiplicity of regulatory and constitutional issues that put the urgency of libertarians at risk.

“If they reject the DNU, I would call for a plebiscite or popular consultation,” said the President in the face of an uninspiring prospect in Congress. Although the National Constitution contemplates this alternative in its article 40, it would be non-binding and your vote would not be mandatory, that is, it would not have the expected effect. If this possibility arose from the Chamber of Deputies itself, a bill could be submitted for consultation, not a DNU. In that case, the President could not veto the call and the result would be binding, but it would not meet the objective of the president who intends to remove Congress as an intermediary for the popular legitimation of his maneuvers.

Another point that was discussed within most of the spaces had to do with how to put into practice the debate in committees of a project with 664 articles that deals with the widest variety of topics. The ruling party wants only four commissions, the opposition says they should be between 20 and 25, but they could seal an understanding in around a dozen. “They are going to find a way to go by chapters, to separate it in some way, to deal with what is most important now and leave for later what is not urgent,” the opposition speculates. For now, LLA has not shown signs of wanting to postpone any of the issues, but it has already opened a possibility for negotiation by saving the project to restore the income tax, which interests governors of all colors. How to organize the discussion on projects that require different majorities for approval? Such are the cases of electoral and political party reforms and those that have to do, for example, with the modification of allocations of shared resources. In these two issues, the vote of 129 deputies is required and not just the majority of those present, although there are no problems with their treatment together in the committees. The project sent by the Executive Branch contemplates the elimination of the PASO elections, an issue that has already been on the agenda since before the last electoral round, the establishment of a single-member constituency system with a redistribution of seats by province and the elimination of the limits for private contributions to political campaigns. On these three issues, support is not equal between the different spaces, which adds another obstacle to being able to move it forward as an “electoral package.”

The first date considered by LLA to meet in Deputies is January 25, in just over three weeks, a time that is at least striking for the number of issues in question and without any commission convened. The extraordinary sessions end on January 31, although it is already estimated that they could be extended until February 29. The thing is that if half a sanction is finally achieved for all or some of its parts, the Senate should follow the same path, with the exception that in the Upper House, when an opinion is issued on a matter, it cannot be brought to the floor for up to seven days after. Another regulation that clashes with any management problem.

Where there is no clear agreement is on when the DNU could be brought to the premises, if it obtains an opinion in the Bicameral of Legislative Procedures, which has special regulations and allows it to meet, even if Congress is in recess.

Can it be brought to the venue if the matter was not incorporated into the extraordinary agenda? Given the response from a sector of the library that says “no”, another reasoning can be put forward: what sense would there be in rushing for the ruling if we had to wait until March to approve or reject it?

The legal and technical team of the ruling party, both in the Executive and in Congress, works on these axes, to avoid the proliferation of judicial presentations, many of them that have already become known.

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