SPECIAL REPORT The Argentinian Congress: political outlook in an election year Buenos Aires, May 2013 BARCELONA BOGOTÁ BUENOS AIRES LIMA LISBOA MADRID MÉXICO PANAMÁ QUITO RIO J SÃO PAULO SANTIAGO STO DOMINGO THE ARGENTINIAN CONGRESS: POLITICAL OUTLOOK IN AN ELECTION YEAR 1. INTRODUCTION 1. INTRODUCTION 2. WHAT HAPPENED IN 2012? 3. 2013 OUTLOOK On 1st March 2013, the president of Argentina, Cristina Fernández de Kirchner, opened a new regular sessions’ period in the Argentinian 4. JUSTICE REFORM AND ITS Congress. POLITICAL CONSEQUENCES 5. 2013 LEGISLATIVE ELECTIONS In her message, broadcasted on national radio and television, the 6. CONCLUSIONS head of state summarized the main economic indicators of Argentina AUTHORS and how they had developed over the last 10 years of Kirchner’s LLORENTE & CUENCA administration, a timeframe she called “a won decade”. National deputies and senators, in Legislative Assembly, attended the Presidential speech after having taken part in 23 sessions in each House, which strongly contrasts with the fi gure registered in 2011, when approximately a dozen sessions were held. The central point of her speech was the announcement of the outlines of what she called “the democratization of justice”. The modifi cation of the Judicial Council, the creation of three new Courts of Cassation and the regulation of the use of precautionary measures in lawsuits against the state were, among others, the initiatives that the president promised to send to Congress for discussion. Therefore, the judicial system reform became the main political issue in the 2013 public agenda and had a noteworthy impact on all areas of Argentinian society. The presidential speech took place in the context of an election year, which will entail the modifi cation of the composition of both Houses and in which represented political parties will play different roles. On one hand, the government will seek a parliamentary majority that allows them, if necessary, to discuss a constitutional reform which shall enable a further mandate. On the other hand, the opposition will try to achieve as many seats as possible in order to implement their agenda and act as a counterweight to the decisions taken by the executive authority, thus becoming a viable alternative for the 2015 elections. 2 THE ARGENTINIAN CONGRESS: POLITICAL OUTLOOK IN AN ELECTION YEAR 2. WHAT HAPPENED IN 2012? Ivana Bianchi (Alianza Compromiso Federal) the The National Congress has draft resolutions list. witnessed a year of intense activity. Since the legislative Senate: changes of 2009, both the House of Representatives and the • 23 sessions were held (unlike Senate managed to overcome the 13 recorded in 2011). the low number of sessions held in 2011, marked by the elections • Half of the senators “During the 130th period in which Cristina Fernández de attended every session or of legislative sessions, both Kirchner was re-elected with just missed one. Houses of Congress over 54% of the votes casted. passed and enacted several • Senator Aníbal Fernández House of Representatives: (FpV) was the member who bills, resolutions and talked the most in 2012, with declarations” • 23 sessions were held (in 85.876 words, followed by contrast with the fi gure of Gerardo Morales (UCR), with 2011; 7). These can be divided 76.195 words. into special (11), urgency (7), informative (1), preparatory (2) • 1045 projects were and extraordinary sessions (2). passed, 118 were draft laws; 58 communication- • The government organized related; 118 resolutions and a record number of special 751 declarations. sessions compared to urgency sessions, in many cases because » Senator Roberto Basualdo the time lapses between its (Bloque Producción y issuing and handling in the Trabajo) lead the ranking Houses could not be met. of presented bills, while Mario Colazo (UCR) topped • While 80 deputies did not the list of draft resolutions make any statements during and declarations. these sessions, only 14 did not make any speeches in 2012. During the 130th period of legislative Therefore, a mere 5% of the sessions, both Houses of Congress members never appeared on passed and enacted several bills, the list of speakers. resolutions and declarations. • 229 bills were passed. The highlights of the 2012 legislative year were: » Deputy Héctor Recalde (FpV) was the leading • Reform of the Charter of member in relation the Central Bank: it was to presented bill granted further powers in initiatives, while Liliana relation to credit regulation Faldul (Partido Federal and enhanced control for Fueguino) topped the list Superintendence of Financial of draft declarations and and Exchange Institutions. 3 THE ARGENTINIAN CONGRESS: POLITICAL OUTLOOK IN AN ELECTION YEAR • Transfer of subways, pre- • Expropriation of former metro, Puerto Madero tram Ciccone Calcográfica: thus and 33 bus lines services to Argentine Mint controlled the City of Buenos Aires: the the South American Values Act-Agreement signed between Company, the only private “A rise in consumer National Government and Local enterprise allowed to issue prices of 10.8% and Government was approved. legal tender banknotes. a growth of 4.4% is • Electoral Code amendments: • Transfer of judicial deposits expected for the this initiative replaced the from the City to the National current year” National Identity Book for a Bank: it was agreed that the card in order to vote. funds generated from lawsuits in federal and national courts of • YPF: 51% of the shares owned the City of Buenos Aires shall no by the oil company Repsol longer be deposited in the City were expropriated, as the Bank but in the National Bank. Government sought to achieve fuel self-suffi ciency and the • 2013 Budget: the “law of recovery of leadership in the laws” was passed. A rise in energy sector. consumer prices of 10.8% and a growth of 4.4% is expected » According to the members for the current year, among of Congress consulted other economic parameters. by the website www. parlamentario.com, this • Reform of ART law: was the most important this measure amended action of the year. the Occupation Hazards regulation, allowing the injured worker to choose PASSED BILLS between an ART compensation, POLITICAL increased by 20%, or to pursue a claim for damages through • Transfer of subways, pre-metro, tram and 33 bus lines services to the City civil proceedings. of Buenos Aires • Electoral Code amendments • Young Vote: citizens over 16 • Expropriation and nationalization of YPF years will be eligible to vote • Expropriation of former Ciccone Calcográfi ca in the next elections. • “Per Saltum” Regulation • Agreement with Iran regarding the AMIA bombing • Gender Identity: the rights related to gender identity ECONOMIC recognition and to be • Reform of the Charter of the Central Bank identifi ed in accordance with • Transfer of judicial deposits from the City to the National Bank the internal feelings of each • 2013 Budget individual were addressed. • Capital Market reform • “Per Saltum” Regulation: SOCIAL the extraordinary petition for • Reform of ART law • Young Vote • Gender Identity 4 THE ARGENTINIAN CONGRESS: POLITICAL OUTLOOK IN AN ELECTION YEAR direct access to the Supreme outline the main points on which Court of Justice in case of the Government and opposition “Despite being an “serious institutional crisis” agendas will be centered on the election year, it was approved. Legislative Power: is likely that Congress’ • Capital Market reform: • Issues that might have legislative allowing the National an impact on the media: activity level of 2012 Commission of Values to matters that may eventually become the watchdog of defi ne the national public will not drop” public offering of securities. agenda, shaping the political and social debate: • Agreement with Iran regarding the AMIA bombing: • Potential Constitutional an Understanding Memorandum reform: it stems from between Argentina and Iran was statements made by passed in order to investigate senior offi cials, who began the bombing of the Jewish considering the possibility of center of 1994. amending the Constitution to ensure the possibility of a third term for the current President. 3. 2013 OUTLOOK • Amendments, updates and Despite being an election year, it unifi cation of the Civil is likely that Congress’ legislative and Commercial Codes: activity level of 2012 will not drop. the draft was announced It is possible, in principle, to by the President herself, Cristina Fernández de Kirchner, along with the President of the Supreme Court, Ricardo Lorenzetti. The Congress formed a Bicameral Committee to study the reform over the past year. It carried out 15 public hearings throughout the country. The designation of former Argentina Cardinal Jorge Bergoglio as Pope opened a new debate regarding the unification of both Codes. LAWS PASSED IN 2012 DIVIDED BY SOURCE It is expected that the Government will meet with the head of the Argentinian Church to discuss and agree on many points of the Civil Code bill that bishops are 5 THE ARGENTINIAN CONGRESS: POLITICAL OUTLOOK IN AN ELECTION YEAR not keen on. The main • Income Act amendments: debate will revolve around: there are different bills pending in relation to the modifi cation » Divorce may be requested of income tax and it is possible by only one of the spouses, that the raise of the non- without justifi cation, and taxable minimum becomes one will not require three years of the agenda items in 2013. of marriage. Infi delity shall not be a cause for divorce. Other projects » Spouses shall not be obliged • Institutional: “The objective is to share the same home. to give citizens access » Criminal Code reform: » Hetero- and homosexual the government’s proposal to information from couples shall have the could be discussed in all three branches of same rights to adoption Congress as long as the government” and fertilization. drafting committee continues developing it. » Surrogacy: having another woman bear a child for a » Management of decisions couple shall be lawful. of the Mixed Committee Controller of Accounts, » Fertilization: gestated based on the resolutions embryos can be implanted of the General Auditing after the man’s death.