On the first day of debate on the omnibus law, 22 issues of privilege and, in the second, 7. After listening to each one, the president of the Chamber of Deputies, Martin Menem, responded with a formula: “The issue will be referred to the Constitutional Affairs commission for consideration.” Legislators know that, in practice, Those motions will have no concrete implications. However, they understand that it is the instrument they have at their disposal. to question their colleagues, other public officials or people who have wronged them.
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Privilege issues are described in articles 127 and 128 of the organization’s regulations. “They are linked with the privileges that the Constitution grants to the House and each of its members to ensure its normal functioning and protect its decorum and will be considered with displacement of any other matter. To raise them, the deputies will have five minutes. The Chamber will decide by the vote of two-thirds of the members present if preferential treatment is granted. If so, consideration of the merits of the issue will begin in accordance with the rules established in the chapters related to the discussion. Otherwise, the question of privilege will be referred to the Constitutional Affairs Commission,” the text states.
The constitutional lawyer Andres Gil Domínguez He adds that it is “a tool that gives them (the legislators) the possibility of intervening outside the schedule.” Your colleague Diego Armesto sum: “The deputy must be respected because he has a privilege, which is to be a representative of the people. And if someone says something outrageous about him or affects the decorum of the Chamber, he can present the motion.”
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“The regulations cover ‘motions’ and among them are ‘motions of order’. Yesterday, for example, a motion of order was raised for the project to return to committee. It is a request made by a legislator. The issues of privilege are also motions. They are like complaints that legislators can make because their dignity as a legislator or some of the immunities granted by the Constitution may have been violated,” says the constitutional lawyer. Félix Vicente Logorio.
If after presenting the question of privilege two-thirds of the legislators vote in favor of that motion, “the discussion of what is being talked about is suspended and it is dealt with and if the number is not obtained, the complaint is made and goes to the commission of Constitutional Affairs,” adds Logorio.
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Privilege issues can be raised against another member of the House, against officials of other branches, or against any person. In these days, for example, there was more than one privilege motion against Javier Miley for various reasons. From Unión por la Patria, for example, Silvana Ginocchio He used it to question that the president had included the company Yacimientos Mineros de Aguas de Dionisos (YMAD) in the list of companies subject to privatization; Juan Marino to complain to the economist (and the Minister of Human Capital, Sandra Pettovello) for “cutting food assistance to soup kitchens”; either Leandro Santoro y Myriam Bregman (of the Left Front) to denounce the libertarian for having accused legislators who did not support the law of being “coimeros.”
As was seen during these two days, none of the issues of privilege suspended the debate on the omnibus law. What happens, then, after the issue is referred to the Constitutional Affairs commission? The three lawyers agree that there are no concrete consequences. In practice These motions do not become disciplinary sanctions (something that could happen). However, that does not mean they stop being a valuable instrument.
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Armesto insisted that this type of motions “can incorporate relevant issues into the public debate” and highlighted two issues of privilege that were presented yesterday, one linked to freedom of expression and the other to political attacks.
The first is that of the radical deputy Karina Banfiwho also questioned Milei for the attack against the journalists Silvia Mercado, Luisa Corradini y Mary O’Donell. “Attacking free expression harms us all. It causes censorship and indirect censorship and violates access to information. Let’s improve public debate,” said the legislator. The second was that of the deputy Itai Hagmanwho used the instrument to question the presence on the premises of Leonardo Sosathe young member of the Federal Revolution group who was involved in the case for the attempted murder of Cristina Fernández de Kirchner.
“These are elements that make up the concept of democratic deliberation. It is true that when transcendental issues are debated, the discussions are long and arduous. But that for me is positive, just as there are many speakers and that all instruments are used,” he reflects. Gil Dominguez.
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