Formally, the process It begins in 1995when the elections for the Constituent Convention Buenos Aires. But politicallythe thread, Start in 1994when the national constitutional reform enshrines autonomy in art. 129 of the Magna Carta.
The Autonomous City of Buenos Aires (CABA) It is, since 1994, an autonomous district. That word, autonomousIt is not decorative: it implies, in theory, full capacity to issue their own norms, govern and administer its resources. However, more than 30 years of that constitutional reform, The Nation continues to exercise improper control and hinders the consolidation of Buenos Aires autonomy.
What do we talk about when we talk about autonomy? We talk about a constitutional right. We talk about our own competences. And we talk, above all, can full politician. Of Real self -government. Of the power to issue own lawsof administer your own justiceof Organize your own safety and of manage your own resourceswithout guardian or nation permission.
We talk that the Autonomous City of Buenos Aires, with its 1996 Constitution, ceased to be a subordinate municipality to become a local state with constitutional rank.
But we also talk about a kidnapped autonomy:
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Because Nation still manages part of his justice;
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Because nation retains services, boxes and competences;
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Because Nation continues to use CABA as a political hostage when it suits him.
But real power remains in the hands of the nation in strategic areas such as justice, security, ports, and even resources that should be typical of the city. The transfer of skills has become an eternal unfulfilled promisemanipulated by political interests that prefer a tuned cabbage, before a truly free city.
The Nation still manages part of the Labor, Criminal, Civil, Commercial Justice Service, the Registry of Real Estate, the IGJ, the Port of Buenos Aires and not to mention the management of funds. It is a covert occupation.
It is an institutional debt that becomes, day after day, a political scam.
Why doesn’t the complete transfer progress?
Because the total autonomy of CABA represents a problem for those who conceive the national State as a territorial control machinery. Because it means losing boxes, influence, and, above all, political discipline tools.
Nation resistance is not legal: it is purely political.
Every time the CABA budget is discussed, every time co -participation funds are prosecuted, every time the transfer of judicial functions is postponed, What is at stake is the very conception of a federal country.
You can’t talk about federalism while holding others. You cannot talk about autonomy while others are administered. You cannot talk about real democracy while the fullness of its institutions refuses.
The autonomy of the Autonomous City of Buenos Aires It must be total, not partial. It is not a matter of political sympathy with this or that local government: it is about respect for the Constitution, Federalism, and the democratic maturity of Argentina.
The nation must finish transferring all the competences that by law and by history correspond to CABA. Without Peros. No traps. Without excuses.
Every day that this restitution is postponed, an imperial logic of centralized power is strengthened that moves us away from the federal country that we dream.
CABA’s autonomy does not admit patches or eternal negotiations. Or it is total, or not autonomy. We cannot continue accepting that a constitutional right enshrined three decades ago is used as a change sheet at the political tables on duty.
I firmly maintain that the autonomy of CABA must be fulfilled in its fullness, without delay, without traps, and without pressures.
Fulfilling autonomy is not a funny concession of the nation: It is a constitutional obligation. Every day that the transfer of competencies is postponed is another day in which federalism is trampled and democracy weakens. The city cannot be hostage or spectator of its own destination.
You must exercise your complete power: dictate, execute and judge with your own institutions, in your own terms, and for your own people. Because respecting the autonomy of CABA is, ultimately, Respect the Argentine Republic that we say defend. And that debt, sooner or later, It will be charged. Autonomy does not beg. It is exercised. And defends himself.
*Specialist lawyer in work and employment.
Source: Ambito
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