As a result of the Buenos Aires Front of All warned that Jorge Macri “does not have the constitutional conditions” to be a candidate for head of government, the legitimacy that the former mayor of Vicente López would have to compete for that position was put into debate.
The Constitution of the Autonomous City of Buenos Aires establishes in its article 97 that to be elected Head of Government it is required to be Argentine, native or by choice; be thirty years of age at the date of the election; be a native of the City or have a habitual and permanent residence in it for not less than five years prior to the date of election; and not being included in some of the disabilities and incompatibilities provided for legislators.
The rule is clear, and for those who decide to run if they are not natives, they must prove habitual and permanent residence more than five years before the date of the election. In other words, if the elections were to take place in 2023, the previous five years must be taken into account, that is, until 2018 at least.
On this particular topic, the City Superior Court -which acts as an electoral court- was issued in October 2010 in the case “Pérez, José Adrián c/ GCBA s/ declaratory action of certainty”in which he rejected Pérez’s action regarding his intention to present himself as a candidate for Head of Government in the 2011 elections in terms of the scope of the residence requirement.
In that ruling the Judge Ana Maria Conde understood that the constitutional requirement does not imply anything other than continuous, immediate and stable residence. In other words, that it remains unchanged in the City of Buenos Aires during the five years prior to the election.
Also, the Judge Jose Osvaldo Casas stated that the requirement of a certain length of residence in the jurisdiction of the candidate for elective office who was not born in it has been linked to a claim to reinforce the identification and commitment of that person with their voters, insofar as this tends to the candidate has a personal, direct, current and immediate knowledge of the history, particularities and problems that characterize each districtalthough, of course, compliance with such collection does not guarantee that the applicant actually possesses such qualities.
These constitutional requirements are peacefully accepted by the doctrine of the Supreme Court of Justice, and are also found for the legislators of the City (to be a deputy it is required to be a natural or have a residence in the City immediately after the election of not less than four years), or for the members of the Supreme Court of Buenos Aires (having been born in the City or accrediting an immediate residence in it for not less than five years).
Days ago, the former President of the Nation, Engineer Mauricio Macri, in a television interview shared his vision regarding the successor of the current Head of Government of Buenos Aires, and in some way, he blessed his cousin Jorge Macri to occupy that position.
From the foregoing, it appears evident that the current minister of Buenos Aires and mayor on license from the Municipality of Vicente López would not meet such constitutional requirement for the next elections. In addition, when the leader competed for the position of community chief, he interrupted the five years that CABA asks for to be a candidate. For this reason, they warn from Kirchnerism, it is not a question of requirements but of whether the macrismo will promote the candidacy anyway.
And it is understood this way by the simple fact of exercising their functions in the neighboring municipality until the end of 2021 and not being a native of the City.
All this without being able to ignore the fact that at that time in an interview with the newspaper Perfil – in October 2021 – he had expressed his dream of being governor of the province of Buenos Aires, thus reaffirming the logical constitutional need of the City aimed at ensuring a close relationship between representatives and represented.
Currently, the composition of the Superior Court of Justice of the City is made up of two judges who intervened in the “Pérez” ruling, Alicia Ruiz and Luis Lozano, both close to Peronism, and three who later entered the court, Inés Weinberg, Marcela De Langhe and Santiago Otamendi, close to the current ruling party in the City.
It will be that Court that must understand in the event that Jorge Macri intends to present himself as a candidate for the Buenos Aires Government Headquarters.