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More jurists point out incompatibilities and the Government seeks to protect the DNU

December 26, 2023 – 21:57

The constitutionalist Andrés Gil Domínguez joined the questioning of different civil associations. He said that the signature of the chancellor and bank owner Roela is “totally objectionable.” Responses from Barra and Iguacel, and the official’s retweet.

Photo: NA.

The renowned constitutional lawyer, Andrés Gil Domínguez, considered it “totally objectionable” that Foreign Minister Diana Mondino has signed the DNU that deregulates different economic activities, including the financial sector, despite being the owner of a bank. She did it after Ambit yesterday revealed a potential conflict of interest due to the shareholding position that the official holds in the Roela bank. Among the multiple repercussions of the investigation, the Attorney General of the Nation’s Treasury, Rodolfo Barra, maintained that he does not perceive that such a conflict exists. Javier Iguacel pointed out the publication on the social network X and Mondino retweeted it.

The debate on the constitutionality of the Decree of Necessity and Urgency that seeks to eliminate or modify more than 300 regulations and laws occupies a large part of the public discussion. While the Government seeks to shield the judicial and parliamentary fronts, the Mondino case raises new questions. Could the minister sign that document? What would have happened if she excused herself?

In statements to the newspaper Perfil, Gil Domínguez considered that the double role of the chancellor, as a signatory of the DNU and majority shareholder of the Roela bench together with his brother Guillermo (they each have 49.61% of the package according to BCRA data), is “totally objectionable”, given that the regulations legislate on issues that could directly impact their assets. “If you are in public office and you sign or issue a regulation that affects a private sphere, You have to excuse yourself because there is an ethical incompatibility, regardless of whether it benefits you or not,” he said.

The Civil Association for Equality and Justice (ACIJ) considered that “in accordance with the current rules on conflicts of interest, the chancellor should have excused herself from signing the sections of the DNU linked to the banking activity in which she has a financial interest.” When asked by this medium, from the foundation specialized in transparency Poder Ciudadano, they indicated that “it is a situation to pay attention to” and added that “The Anti-Corruption Office should study the issue in depth and analyze whether it constitutes a case of conflict of interest”.

Responses in the ruling party

On the side of Governmentwho spoke was Rodolfo Barra. “It doesn’t seem to me that there is a reason for excuse,” she told Radio con Vos. At the same time, he maintained that the Constitution asks that ministers sign all DNUs to make them responsible for the issuance of the norm.

Meanwhile, through the social network Javier Iguacelformer Minister of Energy of Mauricio Macri, targeted this journalistic group and defended the official involved. “We don’t know if they are or are made or if they believe that all Argentines eat glass. Cristóbal López’s newspaper wants us to believe that it is bad and in reality Diana Mondino’s taking away privileges and allowing more competition is very laudable and meritorious,” she launched. Mondino did not respond directly, but he retweeted Iguacel’s comment.

The Administrative Litigation jurisdiction received at least ten protections against the DNU. In all cases, what is requested are suspensive measures until the substantive ruling is issued.

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