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Argentina: the National Congress Under the Gaze of a Lame Duck Kirchnerism?

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Argentina: the National Congress Under the Gaze of a Lame Duck Kirchnerism? SPECIAL REPORT Argentina: The National Congress under the gaze of a lame duck Kirchnerism? Buenos Aires, April 2015 BARCELONA BOGOTÁ BUENOS AIRES LIMA LISBOA MADRID MÉXICO PANAMÁ QUITO RIO J SÃO PAULO SANTIAGO STO DOMINGO ARGENTINA: THE NATIONAL CONGRESS UNDER THE GAZE OF A LAME DUCK KIRCHNERISM? 1. INTRODUCTION In 2015 we could witness the end of a political process called 1. INTRODUCTION “Kirchnerism”, which has governed Argentine for 12 years in a 2. KIRCHNERISM AND LEGISLATIVE row, and which was started by Nestor Kirchner in 2003 and then POWER continued by his wife Cristina Fernández de Kirchner for two 3. THE CONGRESS IN 2014 more terms. 4. EXPECTATIONS FOR 2015 5. ¿AND WHAT ABOUT 2016? This year will also be a period deeply influenced by electoral 6. UNANSWERED QUESTIONS politics. The Argentinian Constitution prevents a new reelection of the current President. This means the President is living her last year in office and December the 10th 2015 it will be the last AUTHOR day of her term. We could have a second round on the elections which are always formed by the primary elections and the first round: this second round is known as the Ballotage or second round1. To this possible second round we need to add the provincial and municipal elections. In the most populated districts the elections will be divided (Federal capital, Cordoba, Mendoza and Santa Fe). Apart from the new President, new seats for the National Congress will also be elected. So far, the governing party rules the legislative agenda and is in possession of a majority of one's own although with a lower number of parliamentarians. The Constitution defines the legislative power as one of the three powers of the State and gives it different power like for example, financial and economic prerogatives like setting taxes, loans, pass the State’s budget, arrange the payment of the external debt and legislate in the area of customs. This Congress full of faculties according to the Constitution is set on a country with a strong presidential influence. Whenever the country goes through good times regarding the public opinion the executive power will always have primacy over the legislative power and will set its agenda. This article analyzes the relationship and use of the National Congress since 2003 by the government. It includes key laws, big debates, the current scenario and the perspectives for 2016 with the appointment of a new President. para 2016, con la asunción de un nuevo presidente. 1 As established in the Electoral Code (Art. 149) the President will be the one who obtains more than 45% of the valid votes cast or who obtains 40% of the votes and a difference of over 10% regarding the second most voted candidate. 2 ARGENTINA: THE NATIONAL CONGRESS UNDER THE GAZE OF A LAME DUCK KIRCHNERISM? 2. KIRCHNERISM AND • Kirchnerism legislative LEGISLATIVE POWER majority (December “The Kirchnerism 2005–December 2009 / Since the Kirchnerism period December 2011– December government has started, the relationship with 2015): The Kirchnerism enjoyed eight years of the legislative power has government has enjoyed legislative majority” changed according to the eight years of legislative number of legislators sided majority. During these with the government’s party, periods the Congress has the Front for Victory (FPV). worked according to the This variable relationship has President’s government existed all along the Kirnchner agenda. Thus, opposing government and has moved parties have not had the from pragmatism to idealism opportunity to stop certain several times. We can identify projects or proposing three different periods of this minimal reforms to others. variable relationship: By holding with strength • Beginning of the its majority and imposing Kirchnerism (May 2003 a strict party discipline - December 2005): Due to (avoiding internal fissures), the absence of a legislative the FPV managed to pass all majority the Front for the legislative proposals done Victory had to negotiate by the Pink House (mansion with several political forces and office of the President) in order to accomplish the and sometimes the proposals necessary laws to start the were passed without government. Among these amendments; as they were laws we can highlight the presented to the Congress. declaration of invalidity of the Due Obedience Several laws with high and Full Stop Acts, the impact and importance delegation of legislative in society have been power and changes on the passed along these years. convertibility regime. Some examples are the nationalization of YPF and Moreover, the ruling party the Argentine Airlines; profited the political the same sex marriage context of weakness Act, the reforms on the regarding the opposing Civil and Commercial parties which were deeply Code; the Memorandum of affected by the 2001 crisis Understanding signed with that took the Radical party Iran; the nationalization of (with more than 100 years pension funds (AFJP) and of history) to a deep crisis. the Pension hike Bill. 3 ARGENTINA: THE NATIONAL CONGRESS UNDER THE GAZE OF A LAME DUCK KIRCHNERISM? • Opposition majority and 82% adjustable wage for block strategy (December retired people or the “Ley “Regarding the 2009 – December 2011): Glaciares”. The elections in 2009 legislative activity, 2014 reflected the social climate The main characteristics was a revitalizing year” of protests during 2008 of the Congress since 2003 and the Kirchnerism have been: lost its majority in the Chamber of Deputies2. » Passing bills with a high From this moment until social impact although 2011, the Kirchnerism most of them were blocked the activation of drafted and proposed the Congress thanks to by the executive branch the lack of coordination and suffered few of the opposition which amendments during was formed by different their legislative process. political parties with different ideologies. » Delegating economic faculties to the The heterogeneous group Executive power. A formed by all those legislators opposing » Having an agenda set Kirchnerism had to face a by the executive power compact pro-government when the government’s group in the Chamber of party held the majority Deputies which stopped and almost a total block them from meeting their when the opposition legislative agenda with no held the majority. quorum in the debates. » Opposition –through As for the Senate, where action or omission– it maintained its majority, with few chances to act. the FPV tried to block the main initiatives that the 3. THE CONGRESS IN 2014 opposition had managed to propose thanks to some THE PERIOD 132 IN FIGURES unusual allies. Cristina Fernández de Kirchner Regarding the legislative vetoed all the opposition’s activity, 2014 was a revitalizing project that her party year: there were 42 sessions –20 (FPV) had not managed in the Chamber of Deputies to block, such as the and 22 in the Senate–, which 2 While it still held the majority in the Parliament and forecasting this possible scenario, between June and December 2009 the FPV passed all the laws the Government needed. Some of them were emblematic such as the nationalization of the pension funds and the Media Act. Other laws were part of the management of the country such as the Economic Emergency Act which was passed after the political and economic crisis in 2001 and which has been later extended along the years. 4 ARGENTINA: THE NATIONAL CONGRESS UNDER THE GAZE OF A LAME DUCK KIRCHNERISM? means an increase by 50% It also allows it to apply regarding the previous year. penalties to those who “Only 12% of the Acts increase prices without According to the number of the justification of a costs’ passed where proposed Acts passed –a total of 184 increase or to those who by the opposition” Acts– we can say that the control goods and refuse revitalization of the Argentine selling. Congress comes from the efforts of the FPV to give more • A jurisdiction for power to the Legislative branch, consumers: Create a which absorbed a great part of jurisdiction to manage the political debate in 2014. consumers’ claims. The opposition accused the • Agreement with Repsol Government of using the to nationalize YPF: After Congress as an “inkstand” the negotiations started without opportunities to by the Pink House in 2012, debate. If we analyzed all the there was an agreement Acts passed we can observe to pay a compensation of that, in fact, 88% of the Acts 5.000 million of dollars passed (162) were proposed by to the Spanish company. the governing party as a whole The opposition did not (the Government and the FPV). agree with the amount On the other hand, according to or the conditions of the the last review of the Fundación agreement. Directorio Legislativo3, only 12% of the Acts passed where • Legal digest: This regulation proposed by the opposition and reorganizes the Argentinean they did not mean great political, legal system. From the economic or social changes. 30,000 existing laws only 10% were applicable after the Among those Acts with a reorganization. higher impact proposed by the Government we can highlight: • State’s responsibility in the concession of public • Supply Bill: This project services: This regulation was firmly rejected by the limits the responsibility business sector. It meant of the State regarding the the update of an Act damage caused to the goods from 1974 which enables or rights of individuals by the Executive branch to its activities. set profit margins and reference prices at any stage Regarding the topics of the of the economic process. Acts passed in 2014, more than 3 The Fundación Directorio Legislativo is a foundation specialized in Parliamentary issues with more than 15 years of experience monitoring the National Congress’s work, sessions, voting and activities. 5 ARGENTINA: THE NATIONAL CONGRESS UNDER THE GAZE OF A LAME DUCK KIRCHNERISM? a half belong to International the initiatives proposed by the Treaties and declarations by the Government.
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