The Supreme Court decided to lower the candidacy for governor of Uñac | Cuyo’s diary

2023-06-01 19:15:51

With the vote of the ministers Horacio Rosatti and Juan Carlos Maqueda; and the concurring vote of Carlos Rosenkrantzthe Supreme Court of Justice of the Nation arranged that Sergio Unac he is disqualified from being a candidate for governor of the province of San Juan. the minister Ricardo Lorenzetti did not vote because they had not intervened

The Highest Court also established a broad criterion regarding the prohibition of reelection. He said that the National Constitution establishes a republican guideline that prevents them even though there is no express prohibition in the provincial constitutions, which could apply to many cases, including governors and mayors.

In the case of San Juan there was a joint vote by Rosatti and Maqueda and concurrence by Rosenkrantz. That is, there was a majority in the operative part but not in the fundamentals. Lorenzetti did not vote because he had not intervened in the previous precautionary measures. Likewise, there is a coincidence of the four ministers on the prohibition of re-elections, although there may be differences regarding the extension of the same.

Since the ruling handed down on the province of Santiago del Estero (signed by Maqueda-Lorenzetti), it is maintained that there is a strict criterion in terms of re-election. This criterion is based on the fact that when the Constitution of the province prohibits the re-election of the governor and there is an interpretation that tries to ignore it, the republican form established in article 5 of the National Constitution is violated.

In the resolution of Río Negro, the case of reciprocal succession was discussed, that is, that the governor can be vice and then governor; the Constitution of Río Negro prohibited it, and the Court also prohibited it.

In San Juan, the criterion established in the Rosatti-Maqueda vote goes much further because it says that, even if there was no prohibition in the provincial constitution, as in the case of San Juan, it is also prohibited based on the National Constitution. The door that opens is large for many reasons.

If it is considered that any indefinite re-election violates article 5 of the National Constitution, it is clear that it is also applicable to the constitutions that admit it, such as that of Formosa, or to the mayors who re-elect. It is not clear how many re-elections could be admitted or not, because it is a problem of interpretation.