Wednesday, December 19th 2012 - 23:17 UTC

Argentine government appeals to Supreme Court on the Media Law case

Argentine Justice Minister Julio Alak announced the government presented the “per saltum” recourse before the Supreme Court as it seeks to put an end to the case over the constitutionality of the Media Law’s divestment article.

Minister Julio Alak: “the State wants to have a definitive ruling on all matters”

The court now must decide whether to admit the appeal and, where appropriate, the merits.

“By presenting a ‘per saltum’ recourse we intend to hasten proceedings toward a definitive ruling so that a law that has been passed by Congress can be applicable to all media groups”, the Minister said.

Likewise, Alak remarked the legal mechanism “seeks a new declaration of constitutionality as the State wants to have a definitive ruling on all matters.”

This time, the appeal filed by the Government comes after Clarín Group’s appeal against the ruling by Judge Horacio Alfonso, who declared the “constitutionality” of Articles 45 and 161 of the Broadcasting Law on December 14, was accepted on Tuesday by the same judge, who also reinstated the injunction that shields the conglomerate from conforming to the clause of large-scale divestment.

Alfonso proceeded to send the case to the Civil Appeals Court, which is now responsible for ruling either to dismiss the appeal or in favour of Clarín Group’s claim that the law is “unconstitutional”, unless the “per saltum” is accepted -in which case the responsibility will fall into the Supreme Court.

Alak justified the strategy of the per saltum recourse since the situation of the 2009 Media Law is of “institutional severity” and because the national State feels “aggravated” by the situation.

This is the second time the Argentine government appeals to the exceptional ‘per saltum’ recourse, two weeks after the Appeals court extended the Clarin Media injunction. In a unanimous ruling the high court rejected the recourse on procedural reasons, but also indicated the way for such an exceptional mechanism.

“The precautionary measures can’t extend longer than a reasonable period of time”, said Minister Alak who added that the Supreme Court last 22 May ruled that December 7 was the latest possible date for the decisions favouring Clarin.

“We need quick judicial resolutions that do not question laws sanctioned by the Congress, and that we can have a definitive sentence from the court”, said Alak referring to the per saltum recourse.
 

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1 Teaboy2 (#) Dec 20th, 2012 - 12:18 am Report abuse
Hold on a minute, didn't their last per-saltum- get thrown out as they had not gone to the Federal Court first! errrr yes that's exactly why the supreme court ruled their last per-saltum as inadmissible due to breach of court process. Hell they have not even been to the civil appeals court yet!

As for this ”“seeks a new declaration of constitutionality as the State wants to have a definitive ruling on all matters.” Well kind of proves CFK wants ruling control of everything.
2 Shed-time (#) Dec 20th, 2012 - 07:42 am Report abuse
@1 they're not very good at law (even though they claim to be expert lawyers with careers spanning decades representing the great and good)
3 Orbit (#) Dec 20th, 2012 - 09:19 am Report abuse
@2 Indeed, and that's how CFK made her millions, as a successful lawyer. Call me a suspicious cynic, but something doesn't quite add up. Heavens forbid something untoward has gone on, I would be shocked.
4 ElaineB (#) Dec 20th, 2012 - 09:41 am Report abuse
CFKC did not even complete her laws degree. Neither did Fat Max.
5 Stevie (#) Dec 20th, 2012 - 10:11 am Report abuse
They are obviouosly better at law than the Ghanians and NML...

You never stop bashing Argentina, do you?
And you really have no aim with your bashing other tha to make the day pass.
It's truly sad to see so many people using their time to divide instead of unite.
6 Teaboy2 (#) Dec 20th, 2012 - 11:40 am Report abuse
Unite with who Stevie, the Argentinians that want to colonize the Falkland islands and the islanders against the islanders wishes, the Argentinian's that say the islanders do not have the basic right of self determination.

People may post on here to help make the day pass, but then isn't that also what your doing! By the way, you seriously need to grasp some basic reality mate - The world is not going to unite anytime soon, so any person spending your days hoping it will is clearly deluded, in my opinion!
7 ElaineB (#) Dec 20th, 2012 - 12:05 pm Report abuse
@5 No, I bash CFKC and her oligarchy.

The problem with nationalist brainwashing is that you are programmed to think that if one person criticises anything related to Argentina they are criticising you personally. Being free to criticise, analyse and hold government to account is not something you can conceive of.

I say again, this is an English language message board encouraging people to comment on the stories posted here. If you can't handle it, don't come here.
8 Stevie (#) Dec 20th, 2012 - 01:26 pm Report abuse
Teaboy
Quite a lot of people are working for unison, all over the world.
The only reason it hasn't happened yet is because of poeple pulling at the opposite direction. For money, ideology or power, whatever the reason it can all be summed up in personal benefit. At the expense of humanity.

I don't care if these people are Argentines, Brits, Yanks or Somalis, it's not the borders that divides us, it's the way of thinking.

Elaine
I'm no nationalist, and I'm not Argentine. I don't take your criticism personally, and I don't take it as criticism. It's a constant bashing of a nation, regardless of what this nation does.

Of course you are free to post what you want, as am I. I would never tell you to post what I want to read, or you should leave, and as far as I know, I too post in English.
9 ElaineB (#) Dec 20th, 2012 - 01:51 pm Report abuse
If Argentina is the topic of the thread it will be commented on. If there if a negative reaction to the Argentine government's actions, it will be expressed.

There is an awful lot to criticise about CFKC and her oligarchy. I have friends in Argentina and they are suffering. This is the perfect forum to express the criticism.
10 Stevie (#) Dec 20th, 2012 - 02:05 pm Report abuse
Elaine
Fair enough, and I would never disagree with your right to do so, and I never did.

What I do disagree on, is the fact that Argentina is being bashed when she doesn't pay her debts, only to be bashed should she pay her debts. Argentina is being bashed when she doesn't follow court orders, only to be bashed should she follow court orders.

That's not criticism, that's plain bashing.
If people are somewhat serious in their criticism, they would criticize when they think Argentina is in the wrong, but to be fair, they should also be happy when Argentina does things according to their, the critics, standards.

Or, you could bash for the sake of bashing, but don't expect anyone, other than the usual echoes in this site, to take you seriously.

That said, I would like to point out that I never said you in person are amongst those usual suspects, and if you feel pointed out, I beg your pardon.
11 Simon68 (#) Dec 20th, 2012 - 02:17 pm Report abuse
This is a fairly simple situation, once again the government is making a grave mistake in its strategy, the use of the “per saltum” is only to be used under circumstances of “instutional seriousness” and in first instance, niether of which situations describe this one. The Supreme Court will have to deny the “per saltum” and return the appeal to the Appeals Court.

I'm sure that the final descision over this will be that the “Ley de Medios” IS constitutional, but to reach this point will take up until the next General Election takes place in 2015!!!!!!
12 Shed-time (#) Dec 20th, 2012 - 02:49 pm Report abuse
@10 *bash bash bash*

I personally only bash mullet-strokers when they try nazi-style expansionism underwritten by utter-tosh/revisionist history.

I think that's fair.
13 Stevie (#) Dec 20th, 2012 - 02:53 pm Report abuse
Shed-time
After reading some 20 of your posts, it's obvious that you do nothing but provoke, your main arguments being name-calling.

You take the discussion to kindergarden level and expect people to understand your irrelevant outlashes.

What you think is fair is as irrelevant as your insulting posts.

Have a nice day.
14 reality check (#) Dec 20th, 2012 - 03:14 pm Report abuse
One has to ask oneself this question? Is she doing this out of spite because they criticise her policies, or is she doing this for what she sees is for the good of the state.

If the answer is the former, then it is clearly abuse of the Judicial System, it would be of any countries Judicial System and has such is a perversion of the concept of natural justice.
15 Teaboy2 (#) Dec 20th, 2012 - 03:21 pm Report abuse
@8 I don't agree to be honest, the majority of the time world governments are using diplomarcy to maintain peace or to broker peace deals between conflicting parties or nations, they are not working to unite all governments, countries and people as the task would be completely impossible. Therefore your below statement is all that i agree with:-

“I don't care if these people are Argentines, Brits, Yanks or Somalis, it's not the borders that divides us, it's the way of thinking.”

The reason i agree with that statement and not the rest of what you stated is simple - We are all to different culturally due to 1,000's of years of independent cultural evolution, it results in the basic argument of who's right and who's wrong, leading to hatred and conflict in some cases, evidence of wish is clearly visible in the middle east, though religion also plays a part in cultural evolution, religion itself causes conflict. So yes its how we think and perceive one another, and that's why we will never be united any time soon.

And no one is working to unite all governments either, that is more a conspiracy theory then it is factual! But then no one is purposefully working against it either, as even if we did unite, the world markets and financial markets would still exist in order for countries to continue to function. And no i do not believe the money men would make any profit additional from a united earth than they do from an united earth, so it doesn't matter to them if we were all united or not.
16 Shed-time (#) Dec 20th, 2012 - 04:11 pm Report abuse
@13 You're just upset because you want to steal some people's land from under their feet, and then genocide them. You're sour because you have a mullet from the 1980s and no one likes mullets. Finally your authoritarian fuhrer is destroying the free press in your country, and this frustrates you.

Have a nice day.
17 Stevie (#) Dec 20th, 2012 - 04:58 pm Report abuse
Teaboy
You are right about many things in your comment, but I think we are talking about different subjects. When I said people around the world are working for unison, I meant just that. The people, not the goverments that represent them. Even though these governments represents their people, they not always speak and act according to named people's beliefs. Politics is a matter where personal beliefs are usually set aside in order to achieve what the flavour of the day requires the politicians to achieve.

Culture is another very fluent matter. Nowadays, it's not that easy to define an Egyptian, a Brit, a Chilean based on cultural differences. Especially not in the metropolitan areas. You'd have to find your way to the countrysides to find traditions that are shared by a greater majority in order to call it a cultural identity. And time, multiculturalism and internet is not working the agenda of old traditions, quite the opposite, I would say.

Religion is a whole other matter. According to me, it's cancer to humanity and many good books have been written since the Bible, the Quran and the Bhavagad Gita. The only areas where religion unites us is in stupidity, ignorance and lack of education. Again, according to me.

Shed-time
Thank you.
18 Shed-time (#) Dec 20th, 2012 - 10:06 pm Report abuse
Seems like I was right about the sourness.

+10 points to me.
19 Teaboy2 (#) Dec 21st, 2012 - 02:02 am Report abuse
Well no offense Steve but - “When I said people around the world are working for unison, I meant just that. The people, not the goverments that represent them.”, that statement along proves my point that we will never see a united earth. Who are this people you refer too? Because in the grand stage of things, whoever they are, they are irrelevant in the eyes of world governments and international diplomacy. Basically they are nothing more that a minority of so called do gooders that think they are right and they are doing whats good for everyone, when in reality it has been proven throughout history that attempts to force unison on people(s) creates conflict. Perfect example is Roman Empire, and Nazi Germany - Hell, a modern day example is the EU (perfect model or what a united earth could be). Just look at the internal conflict between countries and recent warnings that Europe could be plunged into war again if the EuroZone failed. Sounds far fetched, but then so did both world wars, prior to them actually happening. Basically even if the whole earth united, whilst there will be peace whilst everything is going well, as soon as it goes wrong, we all turn on each other.

We will never be a united species, until the day comes when we face a much greater threat, then we pose to each other - A threat not just to us as a species, but to our whole planet. The chances of such threat ever occurring is becoming more and more likely with each and every planet they find outside our own solar system, even more so when they are now finding them in neighboring stars habitable zones.
20 British_Kirchnerist (#) Dec 24th, 2012 - 07:07 pm Report abuse
Welcome Stevie, good British name and great comments against Elaine and shed-time, this blog needs more like you!

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