Saturday, December 8th 2012 - 04:02 UTC

Supreme Court will decide on Clarin/Argentine government conflict next week

The Argentine Supreme Court delayed on Friday until next week an answer to President Cristina Fernandez administration’s complaint referred to the Media Law when the seven Justices are present. Currently one is overseas on an academic trip and two others were unable to attend the emergency meeting.

With three Justices absent the Argentine Supreme Court held the emergency meeting

On Friday the high court received two ‘per saltum’ pleas that sought the annulment of a Civil and Commercial Court of Appeals' ruling which further extended an injunction placed by Clarín media group on Article 161 of the Media Law.

The two-hour meeting was held by the Supreme Court's president, Ricardo Lorenzetti, and Justices Elena Highton de Nolasco, Enrique Petracchi and Juan Carlos Maqueda.

The justices analysed the complaints and decided to send copies to Raul Zaffaroni, on a conference trip in Colombia and to Carmen Argibay and Carlos Fayt, also absent at the meeting.

The Argentine government wants the injunction dropped so that under controversial article 161 of the Media Law it can begin to dismember the Clarin group by forcibly selling or tendering all those broadcasting, television and cable licences, beyond the limit allowed by the 2009 law.

However the injunction was originally presented and extended on Thursday by a Civil and Commercial Appeals court since the Clarin Group is waiting a decision on the constitutionality of Articles 45 and 161 of the Media Law.

With the 'per saltum' plea the Argentine government avoids the lower courts and appeals directly so that the Supreme Court decides on “serious institutional cases”. Under the law the mere admission of the plea suspends all other actions, in this case the injunction and the Argentine government could then proceed to the dismembering of the Clarin group with no need to wait for the constitutional question of article 161.

However if the court throws out the plea the case continues as it was meaning the Argentine government would have to again appeal the injunction which would probably finally end on the desks of the Supreme Justice.

But the Supreme Court did throw out as ‘inadmissible’ a plea from the Clarin Group for the Justices not to consider the Argentine government ‘per saltum’ plea.
 

33 comments Feed

Note: Comments do not reflect MercoPress’ opinions. They are the personal view of our users. We wish to keep this as open and unregulated as possible. However, rude or foul language, discriminative comments (based on ethnicity, religion, gender, nationality, sexual orientation or the sort), spamming or any other offensive or inappropriate behaviour will not be tolerated. Please report any inadequate posts to the editor. Comments must be in English. Comments should refer to article. Thank you.

1 TipsyThink (#) Dec 08th, 2012 - 09:18 am Report abuse
This is politicál case,coúrts can not decide on these,

The governmént can finish Clarín whenever it wants by blocking it's advértisement accepting or/and employee strikes manipulations.

Another sámple as recent UK/Murdoch opératioñ was intrigued by invísible hands.
2 ChrisR (#) Dec 08th, 2012 - 09:55 am Report abuse
@1TipsyTwat

So although the 'law' is enacted, the judiciary cannot rule on it.

Are you for fcuking real?

Please tell me, if you dare, just what is the judiciary for in that shithole you call AG?

What a damnable country it has become.
3 toxictaxitrader2 (#) Dec 08th, 2012 - 10:01 am Report abuse
Why not wait until till the constitutional position is clear,would that not be fair?
4 TipsyThink (#) Dec 08th, 2012 - 10:25 am Report abuse
2

in a wáy,you are ríght the Argentina Government shoúld have done like British Government was the opération of Murdoch avoíding from complícated and redundant the law mechanisms.
5 ChrisR (#) Dec 08th, 2012 - 11:35 am Report abuse
Not really off topic considering the ludicrous state of the AG Judiciary. Have a look and laugh for yourself:

www.telegraph.co.uk/travel/picturegalleries/9719747/The-worlds-strangest-theme-parks.html#?frame=2417454

”Republic of the Children, Argentina

This theme park in La Plata, Argentina, contains all the key elements of a city (parliament, courthouse, airport, hotels, etc), but everything is downsized for children. It was opened in 1951 by Juan Peron, and legend has it that Walt Disney was inspired to build Disneyland after visiting.”

I would have thought Disney had nightmares about it, he built Disneyland after seeing BsAs, the floods, the poison gas, etc.

Even then it was a disaster: nothing changes.
6 ptolemy (#) Dec 08th, 2012 - 12:06 pm Report abuse
Most people against the law don't care about Clarín media group. Only the Govt. cares about dismantling Clarín media group because it's a personal issue with CFK. It's the law that's so bad. There's a detailed discussion about the actual law here: www.argentinaindependent.com/currentaffairs/newsfromargentina/%E2%80%987d%E2%80%99-the-next-plot-twist-in-the-media-law-saga/ (I suspect this a Govt. sponsored site, because it is heavily moderated. I doubt you would be able to comment other than saying CFK is wonderful, so is the law, etc.)
7 GeoffWard2 (#) Dec 08th, 2012 - 12:52 pm Report abuse
I imagine that if the British Broadcasting Corporation was daily going 'off-message', e.g. criticising the policies and actions of the British Government, it would be quickly deconstructed, to rise again as The Government Mouthpiece ('The Voice Of The People').
The Government might even select for it the 'correct' Director General.

[Makes you wonder how Clarin and Veja have survived so long in countries believing in 'direct action'!]

This is a joking comment ... I think.
8 ptolemy (#) Dec 08th, 2012 - 01:13 pm Report abuse
@7
How a population reacts to a publication, news channel, etc., is relative to the education and experience of that population.
9 Britworker (#) Dec 08th, 2012 - 02:06 pm Report abuse
Lol, the Supreme Court will decide what Kirchner decides the Supreme Court will decide. No self-determination here.
10 Brit Bob (#) Dec 08th, 2012 - 02:09 pm Report abuse
Interesting to note that in current day Argentina if anyone publishes growth and inflation statistics that are contrary to the official government version they are liable to be prosecuted. Note INDEC's (Argentine government agency)annual inflation statistics are 10% when the true figure is 25%. This is why the IMF is re visiting Argentina on the 17th December brandishing their 'red card'. Argentina has also refused to allow the IMF to review its public accounts since 2006, making it the only G20 nation not to undergo annual reviews.
11 ElaineB (#) Dec 08th, 2012 - 02:55 pm Report abuse
CFKC is criminally insane. Seriously. Nestor kept her chained up but since she got rid of him, all his advisors and set about abusing her power to persecute her personal 'enemies' and carrying out her vendettas, running the country has become secondary. I suspect it is because she does not understand it.

Interestingly, I hear more and more from young people complaining about her lies and taking away their freedom. They see a drug-addled, narcissistic, idiot who loves to hear herself speaking on prime time TV. The fact that she rambles incoherently is not lost on them.
12 yankeeboy (#) Dec 08th, 2012 - 03:29 pm Report abuse
Elaine, This is why she either needs to stay in power or anoint Maxi. They both would be in jail or dead otherwise.

I am happy to see they have already begun to restrict their Wheat exports...they know its bad bad bad

snicker
13 GeoffWard2 (#) Dec 08th, 2012 - 03:57 pm Report abuse
'CFKC is criminally insane. Seriously.'

Elaine, you are much more overt than you used to be.

Do you really CARE that much about the Argentinan people,
that you inveigh so heavily against CFK?
14 Conqueror (#) Dec 08th, 2012 - 04:26 pm Report abuse
Why is anybody waiting for this joke “Supreme” Court decision? All the judges appointed by the criminal “president”. Anybody want to lay bets?
15 Simon68 (#) Dec 08th, 2012 - 04:55 pm Report abuse
14 Conqueror (#)
Dec 08th, 2012 - 04:26 pm

US$ 100 says that the Supreme Court will find AGAINST the Government!!!!!!
16 yankeeboy (#) Dec 08th, 2012 - 04:56 pm Report abuse
Can any of the Rg answer this for me:
If a cancer or HIV patient ( or any others) dies because they are denied the ability to buy imported drugs, is that considered murder? And do you think CFK/Moreno etc will be tried for crimes against humanity when they lose power?
17 Think (#) Dec 08th, 2012 - 05:38 pm Report abuse
(13) GeoffWard2

You say:
“ Elaine, you are much more overt than you used to be.”
I say:
I'm happy to see that, even if you have become an insufferable geezer, those academic years of critical thinking still roam somewhere in that British brain of yours ;-)

Keep thinking...
It's healthy...
18 toooldtodieyoung (#) Dec 08th, 2012 - 05:58 pm Report abuse
15 Simon68

I think you might be right about this actually.

It could be that the Supreme Court is hacked off about the pressure that the government is putting on them so they could go against them.

But I won't take you bet though, Christmas being just around the corner and all that...
19 Frank (#) Dec 08th, 2012 - 06:12 pm Report abuse
Maybe they are just waiting to see how big their 'Christmas envelopes' from KFC are this year.
20 briton (#) Dec 08th, 2012 - 08:09 pm Report abuse
Supreme Court will decide on Clarin/Argentine government conflict
But will she just ignore it, if it suits her,
Will this panel slowly disappear one by one,

Who knows,
You will just have to wait wont you .lol.
.
21 St.John (#) Dec 08th, 2012 - 10:37 pm Report abuse
Boy, am I glad I sold my house in Mendoza and left 8 months ago - it feels like having left Germany in December 1932, immediately before the big sh¡t happened.
22 redpoll (#) Dec 09th, 2012 - 01:01 pm Report abuse
I see there is a move , reported in BA Herald for the judges to be impeached for “irregularities” No they didnt like losing this stage of thethe Clarin battle did they?
Impeachment?! Didnt Paraguay get suspended from the mercosur for using just that legal tool?
Its not a good aidea to try and intimidate the judiciary
23 Forgetit87 (#) Dec 09th, 2012 - 01:54 pm Report abuse
www.aljazeera.com/news/americas/2012/12/20121298338742890.html
24 ptolemy (#) Dec 09th, 2012 - 02:05 pm Report abuse
@23
Your source is suspect, numerous faults; Thursday was toxic cloud day/ floods. not much of anything going on
25 Captain Poppy (#) Dec 09th, 2012 - 04:28 pm Report abuse
It's over......asslips is going to impeach the judges for adhering to the law. democracy? more like farcocracy.

On the brighter note....chubby wnt back to Cuba and named a successor.
26 Simon68 (#) Dec 09th, 2012 - 04:33 pm Report abuse
23 Forgetit87 (#)
Dec 09th, 2012 - 01:54 pm

Estás en pedo!!!! CFK's popularity rating has fallen from 62% in October 2011 to 28% today!!!!!

Teresa Bo must be a kirchnerista, probably Isabel Sarli's daughter!!!!!
27 Think (#) Dec 09th, 2012 - 05:03 pm Report abuse
(21) St.John
Boy, am I glad you sold your house in Mendoza and left 8 months ago - it feels like having being liberated from yet another Euro-Pensioner turnip that didn't want to learn, adapt or participate, that didn't do its homework and that thought he could live like a little king in Argentina with his little Danish Folkepension.....

My regards to den lille havfrue.....
28 redpoll (#) Dec 09th, 2012 - 06:58 pm Report abuse
You THINKING of repatriating to Denmark Think as a refugee?
29 briton (#) Dec 09th, 2012 - 07:48 pm Report abuse
Apparently CFK was not [popular at school,
She kept putting plaster on her face and scaring other children

Until she went on to plastic masks,
And even today, she scares children
No wonder south Americans avoid her.

.
30 ChrisR (#) Dec 09th, 2012 - 08:31 pm Report abuse
28 redpoll

I don't think that 'I Don't Think' would be let in, why do you think that Think is in AG, apart from the fact that he fits in well with the other liars. ;o)
31 Forgetit87 (#) Dec 09th, 2012 - 10:45 pm Report abuse
I've always found Bo anti-Kirschner.
32 KFC de Pollo (#) Dec 10th, 2012 - 04:29 am Report abuse
CFK is mental, She was basically saying the judiciary should bend to “the public will” or her will in other words. Then went on to claim she was talking about criminals being let out.... something she has a part in! she lets out criminals to attend her rallies!

Its hypocrisy from every angle!
33 slattzzz (#) Dec 10th, 2012 - 08:00 pm Report abuse
@28 he won't have far to travel will he sweden to denmark couple of hours maybe

Commenting for this story is now closed.
If you have a Facebook account, become a fan and comment on our Facebook Page!

Advertisement

Get Email News Reports!

Get our news right on your inbox.
Subscribe Now!

Advertisement