samedi 20 octobre 2012

The illusion of the legal security under Kirchner administration

                               Anarchy becomes institutionalized, by Mario Sandoval1

No government has ever ignored, violated or betrayed the constitutional principles, agreements and treaties as much as this administration does. As a consequence, legal security is imperiled. The diplomatic grounds have no longer formed part of the rules of conduct and of the savoir-vivre which prevail in international relations. Justice is not independent, judges obey to power and laws depend on the fundamentalists in power. Judges, attorneys, prosecutors and members of the High Court of Justice2 (CSI in its Spanish abbreviation) are appointed by the power without complying with any conditions3, while judges and government do not respect any rights set by the UN in this respect4.
Thus, the individual liberties and fundamental rights of human beings are constantly at risk, since the principles of protection of law and equitable process -recognized all over the world- are absent. Argentina is now going through, not only a dictatorial, kleptocrat and populist regime but also an anarchist system where the “legal order” is at the side of the strongest. Corruption reaches an alarming level among the politicians, the high rank officials of the government and the players close to power circle5.
Argentine people, foreigners, national and international companies, investors as well as the representatives of foreigner government in Argentina witness the permanent violation of citizens and moral persons’ rights and those of third parties’. The large amount of diplomatic and business­6related conflicts (especially with the UK7, Brazil, Mexico, US and Spain) make up more evidence of the absence of a respectful legal system of laws. Many nationalizations in every area have been carried out: the post office in 2003, water in 2006, pension funds in 2008 and even Aerolineas Argentinas air company, sports activities (football for everybody) in 2009, paper for the press in 2011... in controversial conditions and results, almost irresponsible ones. During last May, YPF company has been expropriated by 51% by means of the law 267418.

In order to protect interests, privileges or irregularities of those in power and their cronies, the government quickly puts into practice norms, legal decisions, emergency decrees, so that, in this way, it gives an apparent lawfulness to this arrangements (legal security according to current regime) and allows these kleptocrats keep on getting rich and rich. This is a model of polyarchy at the service of corruption and anarchy.
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 The illusion of the legal security under Kirchner administration

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