The DNU 70/2017 is dead! :)

#12
For us expats that don't speak Spanish fluently and are not familiar with the DNU and its significance, would you kindly explain what this is about.
The DNU allowed arrests without the legal order of a judge after a due process, it made the arrest of immigrants the rule and freedom the exception, it erased the limit of 45 days detention to a limitless, immigration police was allowed to decide if the Court orders were legal and they were allowed to ignore them, it made the defence right an ilusion, it allowed to deport even with argentine familly and it requiered DNI and previous 2 years for applying for citizenship.
So, esencially the DNU applied the Baumbach theory regarding foreigners (to abolish the due process and to replace judges for immigration police where there is only an administrative process where you always loose). FYI it was also applied by the III Reich and we know how it finished.
In fact, the massive deportations failed because of the strike of the immigration police after I made the Criminal complaint against the Head of the deportation Office. All my respect to those immigration police men who refused to follow illegal and immoral orders and were sanctioned.
 
Last edited:
#14
Unfamiliar with process here. Is the government able to appeal to a higher court?
Yes, but they know the SC is ruling against them because they went to far. The DNU applies the tesis of Baubach that was also enforced during III Reich.. So, I think they are going to avoid to appeal to SC.
,
 

ben

Active Member
#15
Yes but by that logic (that they know both that the DNU is illegal, and that a court will say so) they should have avoided enacting it in the first place.
Why would they stop now? Unless they bet on nobody mounting an attack on this in the first place?

P.S. Although I have little regard for your politics, at your day job you appear to be a consummate professional. Congratulations.
 
#16
Because they were too arrogant and now reality is showing them the limits. simple. The Director of Deportations was who enacted the decree and he was an untouchable, however, he lost his job and now is facing a rain of criminal cases.
And, in my experience, the DNM avoids the SC to enact a decision against them abandoning cases when they know they can loose. They do not want to generate a leading precedent from SC that they have to follow (judges has freedom to do not follow them, the employed of the State must follow them).