Summary of Clase 13 (3era. parte) - La acefalía presidencial: leyes 252, 20.972 y 25.716. Casos

00:00:00 - 00:35:00

The video discusses the topic of acefalía or the absence of a president or vice-president, and the proper order of succession for determining who should replace the president. The speaker explains that the concept of acefalía is not directly relevant to the exam, but they will be given a practical exercise to work on the following week. The speaker discusses the different cases of acefalía, including transitional governments, revolutions, and the law of presidential residence. They also explain that in the case of an absence of the president or vice-president, the Congress is responsible for determining the replacement. The video also addresses questions about the legality of the resulting government and elections, as well as the controversy surrounding the election of Carlos Menem as President of Argentina and his subsequent renunciation. Finally, the speaker discusses the role of the Presidency in convoking elections for a new President, as stipulated in the Constitution. The video concludes by stating that the law of acefalía, specifically the Acefalía Law in Argentina, regulates the transition of power in case of the President's absence, renunciation, or death, and that the same order of succession is followed regardless of the cause.

• 00:00:00 In this section, the speaker continues discussing the topic of acefalía presidencial, or the absence of a president or vice-president. They mention that while the concept of acefalía is not directly relevant to the exam, they will be given a practical exercise to work on the following week. The speaker discusses the different cases of acefalía, including the transitional government of Mitre, the revolution of Martin Frei, and the law of presidential residence. They explain that in the case of an absence of the president or vice-president, the Congress is responsible for determining the replacement. The speaker also mentions that there are two ways to regulate acefalía, which are to establish a succession order by law and for the Congress to elect a replacement. They also mention that the law of presidential residence was not relevant in this case as the speaker was referring specifically to the transfer of power in the absence of a president or vice-president.
• 00:05:00 In this section of the YouTube video, the topic being discussed is the proper order of succession for determining who should replace the president in case of absence, resignation or death. The speaker explains that if the president is unable to do his duty, then the president provisional of the Senate, president of the Chamber of Deputies or president of the Supreme Court of Justice will take over, in that order. The speaker stresses the importance of the President's role, not only as the head of state, but also in convoking elections for a new President, as stipulated in the Constitution.
• 00:10:00 In this section, we will be looking at the succession of presidents of Argentina. We will start with President Miguel Juárez Celman, who served from 1889 to 1892. During his presidency, he faced many changes in the government and political instability. He was then succeeded by Vice President Carlos Pellegrini in 1892, who completed his term. In 1895, President Luis Sáenz Peña was elected, facing many challenges including a dispute with the Congress about an amnesty law for revolutionaries. As per the constitution, he was replaced by Vice President José Evaristo Uriburu. The country then faced its second defeat, which lasted for six years. President Manuel Quintana was elected in 1904, but he died in March of 1906, marking the first time that a president died in office while exercising their duties. He was succeeded by his vice president, as per the constitution. President Roque Saenz Peña, the author of the famous electoral law, then came to power and died in 1914. He was succeeded by his vice president. In 1938, Roberto Marcelo was elected, but he had to delegate the command due to a deterioration of his sight caused by diabetes. Vice President Ramón Castillo took over the executive duties until 1942 when ortiz resigned, and Castillo became the president. The 43rd period brought about two presidencies - those of Juan Perón, who was decorated after his exile, and Arturo Frondizi in 1958. There was a fallout between the two presidents, and Frondizi renounced the vice presidency in 1962, creating a political crisis.
• 00:15:00 In this section, the video discusses the application of the law of acefalía in Argentina, specifically during the presidency of Juan Perón. The law states that if the president is unable to carry out his duties due to renunciation, destitution, or death, the presidency is automatically assumed by the president of the Senate. The video notes that the application of this law raises questions about the legality of the resulting government, as the cause of the acefalía in this case was illegal. The video also discusses the elections of 1973 and the return of Perón, which led to a constitutional crisis and the resignation of President Videla.
• 00:20:00 In this section, the speaker discusses the Acefalía, a law that regulates the transition of power in case of the President's absence, renunciation, or death. The law was introduced in Argentina in 1972 by Congress after President Isabelita requested medical leave, and subsequently, the project was presented by Senator Fernando de la Rúa. The speaker points out that the law 20.972, known as the Acefalía Law, is still in effect and has remained the primary law regulating the transition of power in the country. The speaker also highlights that the same order of succession is followed in the event of a vacancy, disillusionment, or death of the President and Vice-President, and that the President of the Senate or the President of the Chamber of Diputados may replace them. The speaker clarifies that anyone who is elected as President of the Republic cannot have their mandate terminated.
• 00:25:00 In this section of the video, the speaker discusses the situation after the election of Fernando de la Rua as President of Argentina in 2000. Due to the controversy surrounding the election, Vice President Carlos Chacho renounced his position, leaving the President without a right-hand man. The President, Fernando de la Rua, had to deal with a political crisis that led to the November 2001 economic, social, and political crisis, which was one of the worst in Argentina's history. The crisis resulted in a financial crisis and criminal repression in plazas, with blood being shed on the streets of Buenos Aires. In response, the President tried to use the provisions of the law of succession, called "acefalía", to find a new Vice President. A compromise was reached, and Adolfo Rodríguez Saa was elected as Vice President for eight years, with the "ley de las manchas" or "law of the spots". The speaker argues that this situation was a violation of the "ley de acefalía" as the newly elected President did not justify his election due to his lack of investigative powers. The speaker also notes that the use of force in Argentina during the crisis may have been necessary due to the lack of a legal framework for a crisis of this scale.
• 00:30:00 In this section of the podcast, the speaker discusses the legal issues surrounding resignations of Argentine presidents. According to the speaker, if a president renounces his position, he is no longer considered alive. However, there were several cases where presidents were elected based on their sexuality, and they soon renounced their position. The speaker also mentions the case of Juan Carlos Ongania, who would become the President of Argentina. Despite being controversial, he won the election and even appointed Carla Romero as his Vice President. Interestingly, Romero was not an Argentine national, but rather a Peruvian newspaper owner. Finally, the speaker discusses the case of Carlos Menem, who won the election with the Peruvian-Bolivian candidate Daniel Osvaldo Cabrera and the Governor of Santa Cruz Nestor Kirchner. The speaker also notes that according to the constitution, a presidential candidate must be unanimously elected by Congress.
• 00:35:00 In this section, the speaker discusses the election of Carlos Menem as President of Argentina and his subsequent renunciation in May 1993, which led to President Néstor Kirchner and a re-run of the populace's vote. The speaker highlights the modifications made to the law of CEOship through the implementation of Law 25,716, which made provisions for the assumption of power by a president and vice president in the event of a breakdown in the event of a CEO succeeding in the elections. The speaker also discusses the temporary solution agreed upon between the left-wing parties and the Radicals in 1989, when President Alfonsín renounced his position and vice-president Martínez, believed to be perónist, was chosen as successor. The speaker concludes by stating that they will continue their work on examining the role of the Presidency and will further analyze the current situation in Buenos Aires.