CABA intensifies legal battle over security at pensioners' march amidst rising tensions

The City of Buenos Aires (CABA) is currently escalating its legal challenge against a recent court ruling that mandates the city government to oversee security arrangements for a pensioners' march scheduled for this Wednesday. This move comes in response to a precautionary measure filed by the General Confederation of Labour (CGT) and the Union of Workers of the Popular Economy (UTEP), which has placed the onus of security management squarely on the city's shoulders. According to ámbito.com (n.d.), the legal dispute is unfolding against the backdrop of an impending general strike, adding further complexity to an already tense situation.

Legal grounds for the appeal

The administration of Jorge Macri, as reported by ámbito.com (n.d.), is actively pursuing an appeal through the Procuración General, seeking to overturn Judge Roberto Gallardo's decision regarding the control of security operations for tomorrow's demonstration in Congress. The city government is urgently requesting that the case be elevated to the Chamber of Administrative, Tax, and Consumer Relations Litigation for immediate consideration, given the proximity of the planned march. Macri has voiced his concerns, stating that managing a dynamic event like a demonstration requires real-time adaptability, something that cannot be dictated from behind a desk.

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Arguments against the court ruling

The appeal, according to ámbito.com (n.d.), contends that the precautionary measure is unwarranted due to a perceived lack of legal foundation, arbitrariness, inadequate justification, and a violation of due process and the separation of powers. The Procuraduría argues that Judge Gallardo's ruling is fundamentally flawed and should be nullified. The city government claims it was not consulted prior to the ruling, thus denying them the right to defend their position. They insist that CABA has never relinquished its security responsibilities.

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Accusations of overreach

According to ámbito.com (n.d.), the Macri administration further accuses Judge Gallardo of exceeding his authority by infringing upon the Executive Branch's exclusive powers. They claim he is interfering with the city's autonomy by dictating security policies, which should be the purview of the Ministry of Security of the City. The appeal asserts that the judge's decision is based solely on personal conviction, lacking valid premises and presupposing negligence on the part of the city in managing security. This, they argue, disrupts coordination with federal forces and compromises public interest by interfering with security operations.

Potential implications and the broader context

The unfolding legal battle raises significant questions about the balance of power between the judiciary and the executive branch in Argentina, particularly concerning security management during public demonstrations. The outcome of this appeal could set a precedent for future disputes over the control and responsibility for maintaining order during protests and marches.

As the march approaches, the tension between the city government and the organizers, as well as the federal authorities, is palpable. The planned demonstration, preceding a general strike, is expected to draw large crowds of pensioners and union members, all voicing their grievances and demanding action on pressing social and economic issues. The city's ability to ensure the safety and security of participants, while also respecting their right to protest, is now under intense scrutiny.

The situation is further complicated by the involvement of various actors, including the CGT and UTEP, who initially sought the court's intervention to ensure adequate security measures. Their concerns likely stem from past experiences with protest policing and a desire to prevent any potential clashes or escalations during the march.

Looking ahead

As the legal proceedings continue, all eyes are on the Chamber of Administrative, Tax, and Consumer Relations Litigation, which will ultimately decide the fate of the city's appeal. The resolution of this dispute will have far-reaching implications for the future of public order management in Buenos Aires and potentially across Argentina.

The Dr. Agustín Luzzi, Director General of Dictámenes y Litigios Complejos de la Procuración General de la Ciudad de Buenos Aires, is spearheading the legal recourse (ámbito.com, n.d.).

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