Supreme Court unanimously rejects Cristina Fernandez ‘extraordinary appeal’
The Argentine Supreme Court unanimously rejected on Monday the ‘per saltum’ filed by President Cristina Fernandez administration against the extension of the injunction decided by a federal court last week and which benefits the Clarin media group.
In the ruling the seven Judges explained that their decision to reject per saltum as ‘inadmissible’ was based on a procedural error during the administration’s request.
The decision was arrived at late afternoon after debating the issue for several hours with the attendance of all members: Chief Justice Ricardo Lorenzetti, Elena Highton de Nolasco, Juan Carlos Maqueda, Enrique Petracchi, Carmen Argibay, Carlos Fayt and Eugenio Zaffaroni.
The judges considered that the administration should have made the request to the Federal Court first before reaching to Supreme Court, because there is no first instance sentence yet.
“The current recourse has not been presented by a first instance federal Judge. This determines its inadmissibility since it does not adjust to what is demanded by the lawmaker, which makes the extraordinary appeal per saltum unviable”.
The per saltum recourse was presented by the Cabinet’s chief office under responsibility of Juan Manuel Abal Medina.
However the resolution also recommends that the plaintiff tries “the extraordinary recourse path”, which means it must again file before the Appeals court and then the way to the Supreme Court could be opened.
The administration of Cristina Fernandez and the Clarin media group have been clashing since the passing of the Media Law which was tailored precisely to break-up the Clarin ‘monopoly’ and that the government accuses of conspiring and ill informing.
Under the law the media groups are limited in the number of licences they can hold and Clarin is well rooted in television, cable, radio and the printed media (over 240 licences) with an annual turnover of over 2 billion dollars.
Article 161 from the 2009 Media Law which limits the number of licences also contemplates that the government can forcibly auction or sell the permissions if by December 7 the terms of the bill are not complied.
Clarin challenged the constitutionality of the article and asked for an injunction while the issue is considered. The media group alleges that 161 violates private property and freedom of expression.
Although the Supreme Court had established D7 as the time limit to comply, since the constitutionality controversy has not been yet decided, Clarin on D6 asked for a further injunction which was granted.
The Argentine government reacted immediately by presenting the per saltum recourse, which in serious institutional cases allows a direct appeal to the Supreme Court. The per saltum bill was approved a few weeks ago by the government’s majority anticipating such a situation.
The Cristina Fernandez administration was seeking a speedier resolution of the stand-off with per saltum which urged the Supreme Court to “immediately suspend” and “declare void” the lower court’s ruling.
However it is not clear if the government was expecting the unanimous rejection of the Supreme Court of per saltum. What is certain is that the Clarin Media group probably has won another couple of months since in mid December begins the judicial recess in Argentina until mid January.
On Sunday during the celebration of ‘Democracy Day’ and ‘Human Rights Day’ President Cristina Fernández made a tough speech against a “corporate” judiciary, which does not respect the will of the people and responds to economic power and the big corporations.
According to the regulatory body AFCSA Clarin has control over 41% of broadcasting; 38% of open television and 59% of cable television. The maximum established by the Media Law is 35%.
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A great exhibition of integrity and Rule of Law.
Good call
Guess who will be branded as “Terrorists” next.....................?
Argentina might just have a future if the judiciary can keep itself seperate from the government. That is what makes democracy work and prevent dictatorship, having checks and balances to prevent one person from gaining ultimate power and assuming that the law doesn't apply to them. For that you need three seperate entities:
The executive - AKA the government that rules the country.
The senate or parliament - filled with elected representatives from the whole political spectrum whose job is to challenge the government on laws and policies it plans to enact.
The judiciary - those that ensure the law is applied equally to everyone without prejudice or favour.
Only when all these three arms of a country are working and completely free of interference can democracy truly exist.
I get my tv from the company Telecentro and Clarin only has 2 channels on that. The vast majority of channels being rubbish yank channels. Where are they getting 59% from? is that the number of subscribers they have?
Maybe they should split their subscriber base in half into 2 different companies. That way they will comply?
As for 38% open that has to include all the repeater channels country wide i mentioned above as open air in BA only has 2 Clarin channels. TN their news and channel 13.
on digital tv they have 1 channel 13 es.wikipedia.org/wiki/Televisi%C3%B3n_Digital_Terrestre_en_Argentina
Where is this monopoly?
en.mercopress.com/2012/12/10/argentine-lawmaker-threatens-appeals-judges-with-impeachment
Oh wait... His whole impeachment argument was based on the appeal court judges, allegedly, not abiding by due court process, but that's exactly what CFK and her cronies have failed to do themselves here, isn't it! LOL
en.wikipedia.org/wiki/Juan_Manuel_Abal_Medina
See how Argentina “the sewer of the south” operates??
On another note, the last time she started talking about an institution not abiding by the will of the people they got nationalised...can you nationalise the judiciary...?
I agree toxictaxitrader2, but it is CFK that can not wait. At the moment that is a problem and her arrogance does not lend her credibility. Tell her to wait.
maybe there is still hope for Argentina yet and to pull back from the brink of dictatorship before it too late. great victory for Democracy!
Defending the innocents against the corrupt CFK,
Will she override them, over rule them, and run the system herself,
Or obey their decision,
Only time will tell, but sadly time is something CFK does not have.
.
Bearing in mind how important this witch-hunt is to her, how did they mess up this apparently simple application to a court if anything she said was in any way factually correct?
I think we should be told.
'Mr. Clarin, the sentence of this court upon you is that you will be taken from this place to a lawful prison and taken to a place to be hanged by the neck until you be dead.”
It's stuff like that which baffles me about Argentina and CFK in particular. If you'd become extremely wealthy as a practicing lawyer then it would be stupidly simple to prove whatever the truth is.
She doesn't seem to comprehend that people will check these things and call her a liar. Do such things simply not matter in Argentina??
You know there are lots of kidnappings, assaults and accidents every day.
@20 What baffles me is that no one has impeached her or Nestor for allegedly putting $530million into a personal wealth fund, that we presume she or her tubby son owns.
My prediction on this main question is that the Court will find articles 45 and 161 constitutional and Clarín Group will eventually have to divest the unallowed licences.
I also predict that when Clarín divests itself of those licences, life will go on as usual in Argentina, still 25-30% inflation, still increasing street crime, still increasing corruption, still increasing division between Argentines, still increasing levels of poverty, still increasing unemployment, etc. So the government will have expended vast amounts of effort and treasure for absolutely no gain, because Clarín will still be the biggest selling newspaper in Argentina and Jorge Lanata will still be the op-ed show with the highest rating!!!!!
and that's only if she and maxi are allowed to leave.
I have a feeling they will be in that nice new house he bought under house arrest for a long long time. If they survive that is....
This is a textbook example of cultish behaviour.
Elaine....what does the second c in cfkc stand for? I have my own thoughts and probably incorrect.
How much purchasing power are they losing?
Hmm I'm pretty sure I predicted this a long time ago, salaries will NEVER be able to be maintained ABOVE the true inflation rate, at some point everyone jsut runs out of money.
Looks like it's this year
Let's see if the Unions obey
I bet they don't
Another nice aside, Provinces are as broke as they were in 2003.
Patacones para todos
13th salary in Patacones methinks...
news.yahoo.com/5-dead-calif-indian-reservation-shootings-054737863.html
I think all you have left is a mass shooting between dogs and cats at a vet clinic and you have all locations covered. Ahead of time, earnest congratulations.
and btw... this shooting got ZERO coverage in the international US channels. Five people with their heads splattered at least makes the B-side news even in the USA. I've been reading that this is a great example of the institutational racism in the USA about indian reservations... where there are huge problems of rampant poverty, alcohol, youth unemployment, now this... and no one cares.
2nd
You are right, I don't care anything about Indian reservations. After 150 yrs if those lazy drunks can't assimilate with the rest of the USA it is their own problem.
If people want to wallow in their filth it is their business.
I feel the same about Argentinians/Venezuelans/Bolivians/Ecuadorians.
It's going to be interesting how this supreme court drama unfolds.
toby in case you have not noticed, this is a south american news blog.......shall I point you to a news blog for the USA?
They have to assimilate?? But you are in their land?
Where are all the Brits condeming Yankeeboy's comments?
Caught you all again in glaring hypocrisy huh?? HUH????? hahahaha. Loutish wanks.
Nestor and CFK used to work for the lenders in real estate default situations foreclosing on property. Obviously knowing exactly who is and who isn't going to be able to pay their mortgage puts you in a commercially privileged position. They made a lot from this. In the UK you wouldn't be allowed to do this as you would be struck-off...
A Brit talking about real-estate scams? Precious meter just exploded.
Q: Do you think that Judiciary were right to reject this appeal?
Ahh the glories of being a claudillo in a Province.
I have no fear this will be the beginning of the corruption case once she is out of power.
We will have to hold toby to his statement in #49 post. He must be practicing to be a nazi politician.
And tobias, the exact quote by goebells was as follows: “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”
Pretty much sums up: a) Argentina talking about owning the falklands; b) Argentina talking about economic growth;.... n) Argentina calling the judiciary pirates.... ad nauseum
If you can't, I expect both of you to genuflect for 45 minutes if I approach within 100 thousand kilometers of your position.
The difference here being this is purely an internal matter, no foreign pirates, vulture funds or alien trade organisations to blame and vilify.
But that doesn’t seem to matter to some Argentinian politicians, already accusing their own system (and as Lawmakers they are far more responsible for it than most) of an “uprising” and being “colonised”, “disrespecting the will of the Argentinian people”.
Familiar enough language to us extranjeros when CFK does not get her way.
The ease with which this vitriol is transferred (lock, stock and terminology) from one issue to another, can only have come from practice.
If “the people” didn't read or watch Clarin's TV/Newspapers or use their internet they would have been out of business long ago.
What a crock.
CFk has not thought“of the people” in a very long time. Her and Maxi's bank account grows by leaps and bounds while the majority of the country is getting poorer by the day.
I really wonder how long it will take these poor saps to wake up and realize they've been fleeced?
It is amazing to me how these 3rd world dictators stay in power so long.
sad stupid people
www.google.co.uk/imgres?hl=en&sa=X&tbo=d&biw=1009&bih=641&tbm=isch&tbnid=V-i1Yu8jzNzAdM:&imgrefurl=www.boxofficefootball.com/will-man-utd-win-premier-league-aguero-says-neigh/&docid=Iy2-pa8uaXpa3M&imgurl=http://www.boxofficefootball.com/wp-content/uploads/2011/08/Sergio-Aguero-lookalike.jpg&w=605&h=441&ei=l6DHUNmIK-nM0QWJ4IDYCA&zoom=1&iact=rc&dur=1&sig=115900236194518035249&page=4&tbnh=140&tbnw=237&start=60&ndsp=20&ved=1t:429,r:68,s:0,i:359&tx=73&ty=76
Either that or Corpis Die for you boyo ;)
Just when I think the Argentine Sock Puppet Association cannot stoop any lower, or appear any more desperate, I log on and find that they have done just so!
Having said that: this story is a bit of non-story isnt it? Its not going to make a bit of a difference, she will get what she wants, all this marlarky is just window dressing to give the impression of independence to the judicial system: to make her eventual triumph all the more “legitimate”.
Piss-poor attempt at subtlety mind you.
And, fwiw, yes the annihilation of the indigenous tribes of all of the americas and the usurping of their rights is terrible. ..and should be over-turned everywhere....
kick all the european descendents out back to Europe, then kick the Anglo-Saxons out of the UK and give it all back to us Celts!
Croeso y Cymru!
(Scotland gets given back to the Picts, if they're any left.... the Scots have to go back to Ireland obviously....oh and the Viking-descended Irish have to go back to Scandanavia....)
Of course the Argentines cant go back to Spain, that's going back to the Moors.... and they wont want those “pale faces”... so they'll have to go to internment camps until somebody agrees to take them on...somewhere...
Room in the Falklands maybe?
If they asked nicely....
news.yahoo.com/least-four-wounded-shooting-oregon-mall-authorities-002121014.html
I repeat I will never EVER go into a mall in the USA.
Or to a movie theater, or to a university, or to a courthouse, or to the Empire state building, or to an indian reservation, or to a spa, or to an elemetary school, or to a secondary school, or to a . . .
“I repeat I will never EVER go into a mall in the USA.
Or to a movie theater, or to a university, or to a courthouse, or to the Empire state building, or to an indian reservation, or to a spa, or to an elemetary school, or to a secondary school, or to a . . .”
... and the yanks will be forever grateful. Whew!!
Please stop the pretense. The USA is a SICK society, and you can't disprove it. I've made my point, I'll move on (until the next mass shooting sometime tomorrow).
:-D
GOD BLESS AMERICA
Now focus little chica and stay on the subject.
The law originated from a 21-point proposal (’21 Points for Democratic Broadcasting’) created by hundreds of social, community, human rights, union, and indigenous rights groups.
www.argentinaindependent.com/currentaffairs/newsfromargentina/‘7d’-the-next-plot-twist-in-the-media-law-saga/
Is this democracy in action, or a bunch of put up stooges, to facilitate CFK's vengence?
Dec 12th, 2012 - 12:45 pm
It is just another “Malvinas Argentinas” thing to take our minds off the insecurity, inflation, corruption, etc. that CFK has bequeathed us so generously!!!!!!!
Dec 12th, 2012 - 03:12 pm
I guess that we have “cacerolazos”, which give us a chance to let off steam as well as calling attention to the ills that we suffer.
Meanwhile the oposition is beginning to get its act together, the only possible way of beating the kirchnerists is through a coalition of opposition parties, and this is beginning to appear, and it is much easier to create a coalition for the mid-term elections than for general elections because one thing is to create an effective opposition in Congress and another is to govern!!!!!
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