IS THERE A NEW FEDERALISM IN ARGENTINA? FOR A FEDERALISM OF COOPERATION

Abstract

It will be proposed that the recent jurisprudence of the Supreme Court of Justice of Argentina (CSJN) has recognized a new dynamic in Argentine federalism. This, it is argued, has become clear with the growing recognition of concurrent powers or competencies in relation to the federated subjects. This implies abandoning a rigid view of the system, as if it were dealing with separate subjects, with different purposes and, therefore, with strictly assigned competencies, moving to a flexible and integrated view in the relationship between the federated subjects. The working hypothesis will be the following: Argentine federalism was born as the only way to achieve national unity, but, for that same reason, it impregnated the institutions with a strong centralist hermeneutics. The idea was that, to achieve unity, it was necessary to strengthen the position of the federal government. In this context, the allocation of competencies was "all or nothing" - "dual federalism" was the most suitable for this purpose - and the balance almost always tipped in favor of the central government. After this pragmatic origin, federalism, together with national unity, became established as an almost unquestionable system in our country, thus giving rise to the need to rethink it. However, along the way, centralism in the recognition of competencies was not dismantled, but, competing with it, a reallocation of competencies emerged, now concurrent and shared, under the responsibility of the provinces. From "dual federalism", we are moving to a "cooperative" federalism, of "concertation" or "relational"; where decisions are made in an articulated and coordinated manner between the central and the local, and where the idea of subjects in competition is replaced by one of integrated subjects.