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Co-participation: Governors of the PJ who reject the precautionary measure of the Court had previously agreed to pay the CABA

2023-01-15T10:39:34.153Z


22 provinces signed a document in the Federal Investment Council, 6 months ago, in which they agreed to pay 11 billion pesos to the Capital for the transfer of the Federal Police.


The governors who support President Alberto Fernández in his fight against the Supreme Court to avoid paying the funds that court ordered to be returned to the City of Buenos Aires support this judicial "rebellion"

with firm, threatening statements assuring that they will uphold that position, always with a tone of substance.

"It is impossible to pay the Federal Capital."

"It's a political failure."

"It is impossible to fulfill."

These are just some of the concepts that fourteen of those leaders even signed in a first statement on the subject dated December 22 of the year that just ended.

However,

twenty-two Economy ministers and technicians from those same pro-government provinces

(there are twelve more of the current legal "rebels") had endorsed in June 2022 that the Buenos Aires Headquarters should receive, within the framework of the Federal Co-participation Law,

more of 11 billion pesos for the transfer of the Federal Police

from the Nation to the administration today under the command of Horacio Rodríguez Larreta.

Although this money is less than what the Buenos Aires authorities claim before the Supreme Court,

it represents a much higher percentage than what the K governors

today refuse to resign in the distribution of public money in dispute.

Clarín

agreed to the document signed by the representatives of the same provinces where they accepted that the transfers to the City for the new control of the federal security police force should be paid within the framework of legislation 23548, article 8. That Law bears the title of "Federal Co-participation of Fiscal Resources".

In other words,

the same governors

who currently declare that the Supreme Court ruling that favored the City in its complaint for co-participating funds cannot be complied with,

stipulated through third parties, a little over six months ago, the opposite

.

At least in part of the total funds in dispute.

The provincial leaders who promote non-compliance with a ruling by the Nation's highest court, and who at the same time support the impeachment of its four members,

had accepted the exact opposite.

Partly.

The text in which they made clear those principles based on numbers analyzed with technical effort, now modified without explained bases with contrary arguments, was signed under the tutelage of the Federal Tax Commission (CFI).

This document, of one hundred and twenty-six pages, was issued because Law 27,606, drafted by the ruling party after the Government restricted the co-participating funds that the Nation sent to the Federal Capital, indicates in its article 2 that "the Federal Commission of Taxes (CFI) will intervene in the process according to the purpose of issuing a technical opinion to determine the annual amount in pesos of the components actually transferred to the Autonomous City of Buenos Aires in 2016..."

The CFI remarked that the agreement that determined that the Federal Capital would receive funds from the Coparticipation for

3.5% of the total

to be distributed from the Nation, including in that number the billions of pesos for the transfer to the Federal Police district, was agreed. only among the authorities subordinate to Horacio Rodríguez Larreta with the support of the Presidency of Mauricio Macri.

The same body also explains that its technical opinion also lacks official information from the City, which refused to provide it because the issue was already

under discussion in the Court.

The monetary information on how much the Nation owes the Federal Capital for the transfer of assets previously managed by the Federal

is

deficient , it is clarified in several paragraphs.

That amount of money, however, would make

the transfers that should be made to Rodríguez Larreta's management today even

more multimillion-dollar , but that it is strictly up to Buenos Aires taxpayers to receive.

The

contradiction

of the fourteen governors who signed the initial communiqué of the conflict still unresolved by the Court's ruling, which was entitled "A political ruling against the Argentine provinces and impossible to comply with" is singular not only because

the change of opinion

of the agents on the payment that they assured that it was appropriate to transfer until they declared otherwise.

Its particularity resides, at the same time, in that the City of Buenos Aires itself refused and refuses to accept as valid the amount calculated by the CFI regarding the co-participation for the transfer of the Federal Police that the same body wanted to complete.

According to the Buenos Aires authorities, those eleven billion that the CFI analyzed as acceptable to include in the "cup" for the capital destination,

is a small amount.

His claim, which he still hopes will be accepted by the Supreme Court, is that the total amount that he is entitled to receive must amount to 3.5% percent of the money that the Nation receives and distributes among the provinces and the autonomous district of the Federal Capital: it is the percentage that was cut in the management of Fernández-Kirchner.

The eleven thousand million of the CFI are adjustable for inflation and other indices that today would bulge that figure that before could be paid and now not, according to the same leaders and even the President.

The twists and turns regarding this fight for public money cut to an "opposition" district - always according to the official lexicon - are so many, that among the CFI document it

was voted positive by twenty-two governors,

rejected by another but of the opposition (the president of Mendoza, Rodolfo Suárez), and had two abstentions.

One of them is from the City of Buenos Aires itself, and the other is from the National Government.

"The total estimated cost of the transfer of functions amounts to the sum of $11,486 million, without prejudice to the corresponding deflation that may correspond in the different periods," states the text, now forgotten by the provincial leaders who suddenly assure that the City cannot receive more money than 1.4% of the total federal share.

The executive director of the CFI

is the Peronist leader Juan Carlos Chirino, who answers to the Minister of the Interior, Eduardo De Pedro

.

The CFI based its previous arguments on information provided to it, as reflected in its document, after bureaucratic efforts, both by the Ministry of Finance of the Ministry of Economy and the Ministry of National Security.

When the report was issued, the fight between the city and the government, the dispute in the Supreme Court

, was months away from being resolved

.

Although the CFI proposed in June of last year that the City should receive an amount through co-participation that the governors now assure is impossible to pay, the leaders were already anticipating what they knew could be a financial disaster for the Peronist league of the provincial chiefs of the provinces, although

not all of them accept the current rebellion

of complying with those ordered by the Supreme Supreme Court, as indicated in the National Constitution.

"If the ruling of the Supreme Court comes out in favor of the Porteña Headquarters, federalism will be affected," the CFI advanced at the time, although with a multimillion-dollar nuance regarding the intransigence of these weeks.

The Supreme Court ruled against the National Government but not entirely in favor of the City of Buenos Aires, because the Buenos Aires authorities claimed to receive 3.5% of the co-participation again and the magistrates determined that this amount should drop

to reach 2.95%.

Why did the judges reach that intermediate percentage?

Clarín

consulted governors, national and Buenos Aires officials about the CFI document.

The Supreme Court would have taken into account the calculations of the CFI to determine the amount that the Federal Capital should receive in concept of co-participation, taking into account

the mandatory transfers for the transfer of the Federal Police.

The decision of the Court, once known by the President, but above all by the Kirchner family, unleashed a denouement against that court.

Not only is the ruling party now declaring that this resolution of the highest court will be violated, but its members are also the subject of an alleged political trial by a commission of the Chamber of Deputies controlled by the K.

In the Government, and also among the Peronist governors who signed the uprising communiqués against the Court, and also among those who did not, it is always informally accepted that complying with the co-participation transfer that was taken from the City of Buenos Aires Aires will not affect their finances because

the money at stake goes only to the province of Buenos Aires.

The most prominent member of the Cabinet who

rejects that the Casa Rosada does not comply with the Supreme Court is Sergio Massa

.

Although, for now, he has not made public statements on the subject.

His counteroffensive only happens in the privacy of power.

Massa is nothing more and nothing less than the Minister of Economy, Productive Development, Agriculture and Livestock and Fisheries.

The fight between the official PJ and the City of Buenos Aires escalated and now also includes an attack against the head of the Judiciary.

A good part of the protagonists of this story, as can be read in the CFI document, although with nuances;

and if enough confidence is achieved and the anonymity of what they think and not what they declare to the media, both provincial leaders and ministers, is guaranteed, the conclusion is a fact:

many of them act contrary to what they say .

They have institutional responsibilities and the fight for money, multi-million dollar funds, is explicitly linked to the electoral campaign.

The rulings of the Supreme Court, on the other hand, are complied with.

At least a normative text called the National Constitution of the Argentine Nation says so.

Source: clarin

All news articles on 2023-01-15

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