12 February 2024
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The Year of the Defense of Life, Liberty and Property

Following his inauguration on December 10, Argentina's President Javier Milei has pursued his governmental goal to reduce the size and expenses of the state and to deregulate productive activities by issuing Executive Order (DNU) 70/23, titled "Bases for the Reconstruction of the Argentine Republic."  This executive order is unprecedented in Argentina's history for its ambitious scope, addressing a wide range of issues in a single directive. This blogpost maps some constitutional questions that arise with Milei’s choice of implementing his governmental agenda via Executive Order, including their status in Argentina’s constitutional system and available mechanisms for congressional and judicial control.

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26 November 2023
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Change for the Sake of Change

On 19 November 2023, Argentinian citizens voted in a run-off election between Sergio Massa, the current Minister of Economy, and Javier Milei, the libertarian candidate, to elect the president of the Republic for the next four years. With a difference of 11%, Milei,  an anarcho-libertarian and anti-caste populist, won over the populist alternative of the Peronist apparatus. The result of the elections means that 40 years after the restoration of democracy, the extreme right has come back into power in Argentina. In this blog, we offer an explanation of Milei's electoral win and map how Argentina's constitutional institutions might help reign in some of his more radical proposals.

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18 August 2023

Has Right-Wing Populism Reached Argentina?

Last Sunday, August 13, Argentina held elections to determine the candidates who will run in next October's national presidential elections. In a surprising turn of events, the far-right candidate Javier Milei, an outsider that started in politics around 2019, surged ahead in the preliminary elections, sending shockwaves through Argentina's political landscape which has traditionally favoured left-wing populism. In this blogpost, I argue that disillusionment with political establishment, extremely high inflation and crime are core reasons driving Milei’s surprise success at the ballot box.

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30 January 2023

The Force of Social Mobilization

On December 30th, 2020, the Argentinean Congress legalized abortion up to the 14th week. Its legalization in Argentina took place after the rising of the so-called green tide in 2018, which transformed the longstanding movement for abortion rights in the country into a mass phenomenon, and the abortion issue, which used to be a taboo, into a main topic of public discussion. The new law has been challenged through judicial actions without success so far, and it has changed the conditions for the implementation of lawful abortions throughout the country.

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01 May 2020

The Fight Against COVID-19 in Argentina: Executive vs Legislative Branch

Argentina’s government has been adopting numerous and significant decisions in the face of the coronavirus (COVID-19) crisis. But: Almost all the relevant decisions adopted by the Executive Branch were decisions that belonged to the Legislative Branch: Congress is the only authority legally authorized to adopt them. In other words, the Executive Power is not authorized to do what it has been doing so far.

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03 September 2018

My Body, the Majority’s Choice? A Comparative Overview of Abortion Laws in Ireland and Argentina

Both Argentina and Ireland have tried to move forward in the fight for the decriminalization of abortion. In Argentina, even though the approval in the Chamber of Deputies represented a very important step, the Senate majority followed the religious standards and rejected the bill. In Ireland, the referendum resulted in a victory for women. The next step is to enact the new law and, of equal importance, to create all the practical conditions to implement the new rules.

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16 November 2017

Optionen für die dritte Option – Fortschrittliche Regelungsmodelle anderer Länder

Der am 08.11.2017 veröffentlichte Beschluss des Bundesverfassungsgerichts enthält eine Deadline, die es in sich hat. Bis zum 31.12.2018 muss die Legislative eine verfassungsgemäße Lösung finden, mit der die angegriffenen Regelungen des Personenstandsgesetzes ersetzt werden. Der Beschluss nennt zwei mögliche Lösungswege: die Schaffung einer dritten Option und den generellen Verzicht auf einen personenstandrechtlichen Geschlechtseintrag. Beide Lösungswege bedeuten Neuland für die rechtliche Geschlechterordnung, allerdings nur für Deutschland. Wer ins Ausland blickt, stellt fest: Andere Länder haben längst innovative Regelungsmodelle gefunden.

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