Buenos Aires, Jan 7 (NA) – After the government indicated it would fight the decree expanding the SIDE's powers in court, national deputy for the Civic Coalition Maximiliano Ferraro defended this Wednesday the injunction he filed alongside his peers from the Unidos interblock, Mónica Frade and Esteban Paulón, to have the norm declared "unconstitutional" and "absolutely null".
The opposition lawmaker once again criticized the decree for "invading Congress's powers," "legislating on prohibited matters," and not invoking reasons of "necessity and urgency."
Aware of the action taken by the opposition, the Executive Branch expects the Judiciary to dismiss the challenge on the grounds that the injunction against the decree lacks legitimacy due to the absence of a concrete harm, as learned from Noticias Argentinas (NA) agency.
"That stance ignores that legitimacy in an injunction for the unconstitutionality of norms does not exclusively depend on the existence of an individual harm, but rather considers those situations that involve a high degree of institutional gravity, and this case by no means falls under abstract issues," Ferraro argued in a lengthy post on social media X.
According to the opposition deputy, "when a decree invades Congress's exclusive powers, legislates on prohibited matters, or exceeds constitutional limits, it affects the constitutional order itself, which justifies its judicial challenge."
In the same vein, he stated that "when a decree blatantly violates the limits set by the Constitution, it not only commits an act of serious institutional gravity but also violates the effective right of legislators to exercise popular representation through debate and vote and to safeguard their role within the republican system."
"Denying that legitimacy empties the republican principle of content and reduces constitutional control to a mere formality, when in reality it is an essential guarantee of the system of checks and balances, a premise that has been repeatedly recognized by the jurisprudence of the Federal Administrative Litigation Chamber," he concluded.
Secondly, Ferraro warned that the government's decree on the SIDE "legislates on a prohibited matter."
"Decrees of necessity and urgency cannot legislate on expressly forbidden matters, such as criminal, tax, electoral, or political party regimes. In this case, the decree does not limit itself to an internal administrative reorganization of the SIDE, but introduces punitive or direct detention powers, which blatantly invades the criminal matter, reserved for the National Congress," he pointed out.
"This excess violates an express constitutional prohibition and radically undermines the validity of the decree as a decree of necessity and urgency," he added.
Furthermore, the deputy from Elisa Carrió's party stated that there is no "necessity and urgency" in the decree signed to expand the SIDE's powers.
"There has never been nor is there any exceptional situation that has prevented the issue from being processed through the ordinary enactment procedure for a law."
