INTERVENTION

Decree 566/91

Interviénese la Provincia de Catamarca. Designase Federal Interventor.

Bs. As., 4/4/91

VISTO the irregular functioning of the judiciary of CATAMARCA PROVINCIA, and

CONSIDERING:

It is an inexcusable duty of the Federal Government to guarantee the republican form of government, not only in terms of its own scope, by mandate of article 1 of the National Constitution, but also in that of each of the provinces.

That for the attainment of such purposes our Magna Charter grants the person the power to intervene in the territory of the latter (art. 6).

That one of the purposes taken in view by the constituents was to analyze justice, so that its administration would be assured from the Provincial Constitutions themselves (C. N. Art. 5).

That a republican system of government finds its foundation in the harmonious functioning of each of the Powers to satisfy its own ends, both in the federal territory and in the provinces.

That, from events that are in the public domain linked to the judiciary of the CATAMARCA PROVINCIA, the existence of serious deficiencies in its functioning has been made aware that they place at risk the proper provision of the service of justice and due pain by that of the other branches of the State.

That the exposed becomes more serious if the disturbance to social peace is seen that such a state of affairs can generate.

That the authority of the Executive Power to provide for federal intervention by decree, circumscribed to the branch of the administration of justice, in situations such as descripta, has repeatedly been exercised peacefully. In this regard, the following backgrounds may be mentioned: SALTA, Decree No. 4600 of 7 March 1951; CORDOBA, Decree No. 19.409 of 15 November 1954; CORDOBA, Decree No. 19.357 of 12 November 1954.

It has also been institutional practice to adopt such temperament in respect of the other Provincial Powers. Thus, SANTA CRUZ, Decree No. 1018 of 7 October 1974; SALTA, Decree No. 1579 of 22 November 1974; BUENOS AIRES, CHACO, RIO NEGRO, SANTIAGO DEL ESTERO and TUCUMAN, Decree No. 2542 of 19 March 1962.

That, on the other hand, the exercise of this faculty, being the National Congress in recess, obtained an appropriate basis in the decree of February 16, 1903 with the signature of Juaquín V. González, as he stated: "Let the Executive Power of the Nation be entrusted to the maintenance of the order established by the Constitution of the Republic and in the recess of the Honorable Congress be able to make use of all those powers concurrent to that end.

That our highest court, in relation to the possibility of judicial review of the act, has had the opportunity to establish criteria on the matter in the case "CULLEN c/ LLERENA" (Fallos: 53:192), holding that: "The National Intervention in the provinces, in all cases where the Constitution permits or prescribes it, is, as it is said, a political act by its nature, whose verification corresponds exclusively to the political powers of the

That in subsequent pronouncements the Supreme Court of Justice of the Nation has invariably maintained the position described (Fallos 141:271; 154:192; 177:390; 206:312; 210:1031; 239:219 and 252:393).

In relation to this question, the most qualified doctrine points out: "The political powers - the Congress and the President of the Nation in their case - are the only ones entitled to verify in the facts, if the external conditions justifying the federal intervention are given; such attribution is discretionary because it is not standard (and may not be); it is the political powers that declare that the facts have happened and their counter-approvement does not belong to the judges." (H. Quiroga Lavié, "Constitutional Rights", p. 206; in the same sense C.M. Bidegain "Cuadernos del Curso de Derecho constitucional", Tomo III, Page 89; J. V. González "Manual de la Constitución Argentina", page 709).

That any claim that is consistent with the Constitution of the CATAMARCA PROVINCIA attempts to disregard the federal remedy, the extent to which it is exercised or the effectiveness of the acts of the Federal Delegate, shall contravene the provisions of article 104 of the National Constitution and the pre-lative order in favour of the primacy of the Federal Delegate under article 31.

That, without mentioning the constitutional powers of the NATIONAL EXECUTIVE PODER, it is appropriate to give account to the HONORABLE CONGRESS of the NATIONAL dictation of this decree.

That this measure is taken in exercise of the powers conferred by articles 5 and 6 of the National Constitution.

Therefore,

THE PRESIDENT D ELA NATION ARGENTINA

RIGHT:

Article 1.- Intervite the PROVINCIA DE CATAMARCA only to proceed with the reorganization of its judiciary, whose members are declared to be in commission from the validity of this decree.

Art. 2o.- Mr. D. PEDRO BENJAMIN AQUINO (D. N. I. No. 5,175,960), who, for the fulfilment of the objectives expressed in the previous article, will be empowered to remove and designate the judges, officials and employees of the Judiciary of the Province.

Art. 3o.- The FEDERAL POLICY ARGENTINA must provide all the support required by the federal interventor for the implementation of the mandated mission.

Art. 4o.- The MINISTERIO DEL INTERIOR, in coordination with the SUBSECRETARIA DE JUSTICIA, will give the Federal Commissioner the instructions to which he or she will have to adjust his or her duties, in order to ensure the speedy normalization and functioning of the judiciary of the CATAMARCA PROVINCIA.

Art. 5o.- The expenses that demand the fulfillment of the present shall be met by means of General Rents and with charge to this decree.

Art. 6th.- Please give timely account to the HONORABLE CONGRESS OF NATION.

Art. 7o -- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM.- July I. Mera Figueroa.