Buenos Aires Mayor Mauricio Macri has often been criticised by the opposition for taking too many holidays. However, January seems to have been a busy month for the Mayor, who used up much of his time undoing what the legislature did before the closing of the 2011 parliamentary sessions.
Buenos Aires mayor Mauricio Macri on his 2nd period of government (photo: Mariana Sapriza GCBA)
Macri’s vetoes have been the talk of the town in the last month, when he rejected 16 laws that had been passed by the legislature between November and December. Over the past four years, Macri has vetoed – totally and partially – more than 100 bills (approximately 7% of all bills passed). As a comparison, in the same period of time President Cristina Fernández de Kirchner vetoed two bills in full (one of which was passed again two years later) and 16 partially.
Vetoes: a constitutional tool
Vetoes are a legitimate tool for governments in presidential systems. Their aim is to give the executive some flexibility and to provide a counterbalance to the legislative power. They are especially useful when the governing party does not have a parliamentary majority. The Constitution of the City of Buenos Aires allows the mayor to veto bills in full or partially (i.e. only certain articles). In both cases, the bill must return to the legislature and the veto can only be lifted with a two-third majority. Overturning a veto can be, then, very difficult.
The Constitution does not set a limit to the number of bills that can be vetoed, however it is usually understood that the power of veto is to be used exceptionally, so as to not encroach in the constitutional division of powers that makes up the base of the political system. Judging whether Macri has used this prerogative responsibly or whether he has abused it can become a very subjective exercise. Political scientist and researcher Facundo Galván believes that the situation in the City of Buenos Aires does not differ greatly from other cases of tension between legislative and executive powers, and that rather than the number of vetoes, it is the justification given in each case that should be considered. On the other hand, Hernán Charosky, the Executive Director of the NGO Poder Ciudadano -where Galván also works -, has recently shown concerns not only about the amount of vetoes carried out by Macri, but also about the mostly social content of the laws that have been rejected by the City government.
Gabriela Cerruti from Nuevo Encuentro expressed her concern on the matter (photo: Gabriela Cerruti)
Indeed, a report by former legislator Gonzalo Ruanova (Nuevo Encuentro), shows that the most vetoed categories are public space and urban planning, health, labour, human rights and social communication, whilst other sensitive areas like housing, education and culture have also received a significant share of the vetoes. The handling of these areas by the government during its first term has often been controversial, so despite Vice-mayor María Eugenia Vidal’s claim that the laws have been vetoed purely on technical grounds, questions remain as to whether the reasons are really ideological.
Legislature vs. government?
Whether the amount of vetoed laws is excessive or not is debatable. It may not be surprising that the government rejects laws that are ideologically inconsistent with their programme, although it does raise concerns about the encroachment of the executive on the equally legitimate legislative power. But there is one issue that has been brought to attention by the media and the opposition that seems much more difficult for the government to justify: many of the laws vetoed by Macri had been passed with broad majorities and had been voted in by his own party.
According to Ruanova’s report, over 90% of the laws that Macri vetoed over the last four years had been voted by PRO legislators. Furthermore, some of them had been informed by ministerial reports or had been agreed upon with members of the executive -such as the recently vetoed call for an education congress, which was the result of an agreement between Minister Esteban Bullrich and Coalición Cívica legislator Sergio Abrevaya.
Whilst Ruanova acknowledges the legality and legitimacy of the veto as a tool which allows the executive to counter the weight of the legislative power, he considers the current veto frenzy to be yet another show of contempt by Macri towards democratic coexistence. He does not believe that the laws were vetoed because of technical defects, as most of the bills were extensively debated and agreed upon before being voted. “Macri has a contemptuous attitude towards the work of Parliament and the legitimacy of the legislators, whichever party they may be from” he says, adding that “[Macri] looks at the coexistence with other political actors as an annoyance”.
Other members of the opposition, such as Nuevo Encuentro legislator Gabriela Cerruti, have expressed their concerns about what they see as foul play by PRO members who enter political agreements in the legislature only to have them revoked by the executive’s vetoes. Such behaviour could breed mistrust amongst legislators, hindering future negotiations and effectively interfering with the law-making process.
Fernando de Andreis, the head of PRO’s parliamentary group with other candidates at a kindergarten (photo: Paula María Bertol)
PRO legislators have mostly kept silent about this issue. Most of the public comments on the matter have come from members of the executive, such as Vidal or Chief of Cabinet Horacio Rodríguez Larreta, who have insisted on the technical nature of the vetoes.
In an interview with The Argentina Independent, the head of PRO’s parliamentary group, Fernando de Andreis, minimised the importance of the issue by highlighting the cooperation between government and legislature in their everyday activities. He did not believe the number of vetoes carried out by Macri was a matter of concern and attributed the high percentage of vetoes to laws that had been backed by the PRO bloc as an expression of democracy within the party. Dismissing the notion of party discipline, De Andreis emphasised the freedom awarded to his party’s legislators to hold different views to those of the executive. However, this idea is somewhat weakened by the fact that only three vetoes -out of more than 100- were overturned by the legislature, thus showing that, in practical terms, the government has the final say.
Lead image courtesy of Mauricio Macri on Flickr