Government Decree on Intelligence Agency Faces Opposition Push in Congress Amid Legal Setbacks

Argentina - Ekhbary News Agency

Government Decree on Intelligence Agency Faces Opposition Push in Congress Amid Legal Setbacks

Buenos Aires, Argentina – The political landscape in Argentina is increasingly dominated by the looming legislative battle over a significant presidential decree that seeks to overhaul the State Intelligence Secretariat (SIDE). Facing an uphill struggle to find judicial recourse against the decree, opposition parties are now concentrating their efforts on securing enough votes in the Chamber of Deputies to reject it. The decree, which among its most contentious provisions, empowers intelligence agents to detain individuals without a warrant, has ignited a fierce debate about constitutional safeguards and the balance of power.

With the mandatory waiting period for the decree’s legislative review having expired this past Friday, it is now eligible for direct debate and voting in the full sessions of Congress. However, the ruling party is reportedly seeking to delay these discussions, underscoring the high stakes involved. The decree’s controversial nature, particularly the clause allowing for apprehension without a judicial order, has drawn sharp criticism from human rights organizations and opposition lawmakers who fear it could lead to arbitrary detentions and undermine fundamental liberties.

Earlier this week, Federal Judge Daniel Alonso in Entre Ríos dismissed a preliminary injunction request filed by a group of radical lawyers aiming to halt the decree. The judge ruled that the request lacked a "certain, concrete, and imminent" threat and did not violate constitutional guarantees. This judicial setback, while a temporary reprieve for the government, has not deterred the opposition. Several other legal challenges, including amparo lawsuits filed by prominent figures from the Civic Coalition, the Socialist Party, and the Center for Legal and Social Studies (CELS), are still pending but have yet to be addressed by the courts.

In this climate of legal uncertainty and judicial reluctance, the opposition sees Congress as its primary battleground. "We are actively mobilizing. We are not far from achieving our goal," stated one opposition legislator, expressing confidence in their ability to gather the necessary support to overturn the decree. The legislative pathway for challenging decrees is outlined in Argentina's Law on Decrees of Necessity and Urgency (DNU). According to the law, once a decree is submitted to Congress, a Bicameral Commission for Legislative Processing has a 10-day window to review it. If this commission fails to act within the stipulated period, either chamber of Congress can bring the decree directly to a floor vote.

However, the process has been fraught with procedural hurdles. The Bicameral Commission, despite repeated calls from the opposition, has not yet been formally constituted. Key figures, including the President of the Chamber of Deputies, Martín Menem, and Vice President Victoria Villarruel, have reportedly not yet signed the resolution needed to integrate the commission. This administrative delay has allowed the opposition to argue that the government is circumventing proper legislative scrutiny.

Adding another layer of complexity, the ruling party, La Libertad Avanza, is reportedly advancing an interpretation of the rules that could further complicate the decree's immediate consideration. They are arguing that during extraordinary legislative sessions, only topics explicitly included in the presidential convocation can be debated. This interpretation, if adopted, could potentially block any vote on the decree until ordinary sessions resume. Sources indicate that there are divided legal opinions within the ruling coalition on this matter, and the interpretation that garners more votes is likely to prevail.

Recognizing the procedural deadlock, the focus has squarely shifted to the Chamber of Deputies, where the opposition believes it can muster the required votes. To reject a decree, a simple majority is needed. With 257 deputies, 129 votes are required for a majority. Opposition leaders claim to be close to this threshold, estimating their current support at between 122 and 123 votes. This bloc includes the 93 members of the Unión por la Patria (UP) bloc, 20 deputies from the 'Unidos' inter-bloc (comprising Provinces Unidas, Civic Coalition, and Encuentro Federal), four deputies from the Left parties, and several unaffiliated legislators such as Natalia De la Sota from Córdoba, Jorge "Gato" Fernández from San Luis, and Marcela Pagano, a former member of La Libertad Avanza.

The opposition is also actively seeking to persuade deputies from the Radical Civic Union (UCR) and even the Republican Proposal (PRO) party, where some members are reportedly less aligned with the government's stance on the decree. "Except for the apprehension issue, everything else is fine," remarked a source within the PRO, highlighting the internal divisions within the ruling coalition regarding the decree's more controversial aspects. However, a significant challenge remains: decrees must be voted on in their entirety; they cannot be approved or rejected in parts. This means that any deputy supporting the decree must accept all its provisions, including the contentious apprehension clause.

Beyond the vote count, the core of the legislative debate is expected to revolve around the procedural and substantive requirements for issuing a Decree of Necessity and Urgency. The opposition contends that the government failed to demonstrate the requisite "necessity and urgency" for issuing the decree, particularly as it was enacted during the parliament's sole recess month. They argue that no exceptional circumstances existed that would have prevented the matter from being addressed through the ordinary legislative process for enacting a law.

Politically, the opposition's objections are rooted in the belief that the decree grants the intelligence agency excessive "coercive powers incompatible with the constitutional order and the republican principle of the separation of powers." This concern is amplified by the potential for abuse, given the history of intelligence services in various Latin American countries. The broad mandate and the power to detain individuals without judicial oversight are seen as a significant threat to democratic norms and individual rights.

Last week, the Unión por la Patria bloc organized a meeting with social organizations and human rights groups to discuss the implications of the decree. Germán Martínez, the head of the UP caucus, reiterated the opposition's stance: "There was no necessity and urgency, nor is there now. These issues must be addressed through projects that are debated in depth." This sentiment reflects a broader call for robust legislative deliberation rather than executive fiat on matters with profound societal implications.

The government, meanwhile, faces the challenge of defending its decree not only on substantive grounds but also on its procedural validity. The upcoming days in Congress are expected to be highly charged, with intense negotiations and political maneuvering as both sides vie for control over the fate of the intelligence agency's reorganization and the extent of its powers.

Ekhbary News Agency