For years they have been telling us that the Autonomous City of Buenos Aires is “autonomous.” And yes, it sounds nice. But there is a difference between Autonomous sound and be autonomous really. And to understand if that autonomy is real, you have to talk about two keywords that usually generate confusion: competence and jurisdiction.
What is competition?
It is the Faculty/Aptitude of a government to intervene, manage or regulate something. For example: if CABA can legislate on health, transport, education, security, etc.
Today, the city has full competition in many areas: controls traffic, regulates commercial activity, has its own police (the City Police), and sanctions its laws through the Legislature.
So, yes: The city has competition. So far, we come well.
And the jurisdiction, then?
Ah, friend. Here it gets interesting.
The jurisdiction It is something else: it is the power to judge and enforce the laws. That is, a legal conflict (civil, criminal, labor) is processed With own judgesunder own laws and their own courts.
And you know what? In this, the city It is not yet entirely autonomous. Because Much of Justice remains national. Especially ordinary criminal justice and labor justice.
It is like having a court of its own, its own team, its own fans … but the referee puts another! Is that full autonomy? No, it’s a story.
So … CABA has competence, but not full jurisdiction?
Exact. You have competence to make your own laws and policies, but In many matters he cannot judge with his own local judges.
National Justice still has the pan for the mango on many issues. And that is serious.
Because if the one who decides is another, you are not the one who governs. And if you don’t judge, you are not sovereign.
Key failures that said this with all the letters
Corrales (2005): The Supreme Court said that the Superior Court of Justice (TSJ) of CABA can have the last word when a local law is discussed.
Bazán (2010): It is reaffirmed that the TSJ can review decisions of national judges if they are Buenos Aires norms.
Levinas (2019): The journalist’s case served to ratify that the TSJ has jurisdiction in local issues. Refirms Corrales and Bazan.
These failures are victories, but minimal. They are judicial recognition, not real power transfers. Autonomy is not requested in court, it is built with political decision.
And why CABA does not have full jurisdiction?
For two reasons:
- Because the nation did not end up transferring national justice to the cityas commanded and ordered by Art 129 of the Constitution since 1994.
- Because there are lack of laws between Congress and the Legislature so that those powers change hands.
Until now, there were partial advances (with Macri and Larreta some criminal courts were transferred, for example), but we continue halfway.
What do we need?
A serious institutional agreement with the national government (and without political meanness) to finish transferring all judicial competences.
That the city has its own full criminal jurisdiction, its own labor and civil justiceand that their judges are the ones who judge everything that happens in their territory.
Real autonomyNot paper. No more patches, no more guardianships, no more national judges who respond to Comodoro Py to resolve conflicts of neighbors from Villa Urquiza.
The city has competition. He has his own government, his own laws, his own police. But Without complete jurisdiction, there is no real autonomy.
From the pro we are going to give that fight. Not from the story, but from the facts. Because governing a city also means having the ability to impart justice within it.
Autonomy is defended, built and exercised.
And jurisdiction is the heart of that sovereignty.
Lawyer. Specialist in Work and Master in Employment and Judicial Innovation. Diploma applied to management in digital environments.
Source: Ambito
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
