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UNCLAS BUENOS AIRES 000452 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KJUS AR
SUBJECT: COUNCIL OF MAGISTRATES REFORM BILL BECOMES LAW 
 
Ref: Buenos Aires 293 
 

¶1.  (SBU) Summary:  A controversial bill first proposed by 
Senator Cristina Fernandez de Kirchner to reform the Council 
of Magistrates easily passed in the Argentine Chamber of 
Deputies to become law on February 23.  The bill reduces the 
size of the Council and will likely increase the Casa Rosada's 
influence over the judiciary.  The large margin of victory was 
a visible demonstration of President Nestor Kirchner's 
dominance of the Argentine political scene.  End Summary. 
 
¶2.  (U) The Council of Magistrates reform bill (see Reftel for 
description and comments), which has been criticized by 
pponents as a threat to the independence of the judicial 
branch, was approved by the Chamber of Deputies on February 22 
by a vote of 148 votes in favor (19 more than needed), 89 
votes against and two abstentions.  The law reduces the 
Council from 20 to 13 members, while maintaining the five 
seats reserved for members of the majority party and a 
representative of the executive branch, thus increasing the 
percentage controlled by President Kirchner, his party and his 
allies.  The bill, which was drafted and vigorously promoted 
by Senator Cristina Kirchner, had already passed in the Senate 
last December.  After months of political maneuvering by the 
Casa Rosada, its passage in the Lower House was expected. 
 
¶3.  (U) During the debate on February 22, opposition members 
challenged the bill and called for modifications.  However, 
after five hours of mostly pro-forma debate, the opposition 
was unable to gather enough support either to modify the bill 
or prevent it from passing.  Several prominent members of the 
opposition, such as Buenos Aires city deputy Mauricio Macri, 
did not even speak during the debates, underscoring the 
opposition's sense of resignation.  Affirmation for an 
Egalitarian Republic deputy Marcela Rodriguez, captured the 
sense of futility of the proceedings when she said ""We did all 
we could, but these people are bulletproof.""  Another deputy 
described the defeat as ""the biggest step backwards in the 
Judiciary since the amplification of the Court by Menemism."" 
 
¶4.  (U) Opposition efforts were significantly weakened by 
defectors who voted in favor of the measure, creating a 
political crisis within opposition blocs.  Radical Civic Union 
president Roberto Iglesias has called for the expulsion of 
five deputies who deserted the party and voted for the bill. 
Macri's Propuesta Federal alliance, after having recently lost 
two other members to Kirchner's bloc, also lost two deputies 
who were expected to either abstain or vote against the bill. 
The most damaging blow to the opposition, however, came from 
the decision of 19 deputies who had previously supported 
former president Eduardo Duhalde to throw their lot in with 
Kirchner.  (Comment: The absorption of the Duhaldista deputies 
into the Kirchner camp effectively ends the Peronist schism 
created during last year's legislative elections.  End 
Comment.)  Kirchner claimed the outcome as a decisive victory 
and criticized the opposition for failing to present their own 
project, saying they preferred simply to oppose his. 
(Kirchner did suffer one setback, however, when former foreign 
minister Rafael Bielsa - who had previously expressed his 
opposition to the reform -left the chamber early and did not 
vote.) 
 
¶5.  (SBU) Comment:  The opposition's inability to effectively 
counter the measure they so strongly opposed is possibly of 
more concern than the reform itself, the effects of which are 
likely to be felt only in the long-term.  This was clearly a 
major political victory for Kirchner and an equally clear 
nadir for the opposition.  By applying pressure to politically 
weak deputies, often through promises of federal subsidies and 
public works projects in their respective provinces and 
municipalities, Kirchner has demonstrated that, at least for 
the moment, his control of the Argentine political agenda is 
complete.  End Comment. 
 
¶6.  (U) To see more Buenos Aires reporting, visit our 
classified website at: 
http://www.state.sgov.gov/p/wha/buenosaires.< /a> 
 
GUTIERREZ