In Latin America, just as within the great powers, judges exist for every taste and, as in gastronomy, they come à la carte: criminal, civil, constitutional, tax, etc. It now appears they also come as take away, like hamburgers. Anyone who is familiar with the legal vicissitudes of gaming law in Buenos Aires, knows that casinos are not allowed to operate in that jurisdiction.

During the Menem government in Argentina a licence was granted for a floating casino in waters just a few metres off the coast of Buenos Aires. As it was in waters beyond the city jurisdiction, that is to say in territorial waters, it came under federal law and not that of Buenos Aires. As businessmen must seek advantages to capitalise, the move into territorial waters permitted the owners of the barge ‘Estrella de la Fortuna’ to make a fortune operating in Buenos Aires thanks to the Menem government.

The city authorities, who see this as an insult to Buenos Aires, have tried to close the casino and the judge of Contencioso Administrativo y Tributario (litigious administration and taxation) in Buenos Aires, Roberto Gallardo, has admitted a case presented by the lawyer Ricardo Monner Sans. The case questions the legal functioning of casinos, and the judge ordered the closure of the new floating casino ‘Princess’ that has managed to open.

Now legal sources inform that the judge of the federal Contencioso Administrativo, once all the public bodies were closed for the night, decreed that the ‘Princess’ be opened for gaming again. This workaholic judge ordered the Prefectura Naval (Coast Guard) to facilitate the reopening of the casino, considering it to be under federal jurisdiction and outside the authority of the City of Buenos Aires. The sources do not say whether this judge serves from the à la carte or take away menu. (E-03.29.06)

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