While Kirchnerism maintains its offensive in Congress with the impeachment trial against the ministers of the Supreme Court, the City government is preparing to advance from Wednesday -when judicial activity returns- in the claim for non-compliance with the ruling it ordered to the Nation to pay 2.95% of co-participating funds.
In this regard, one of the requests of the Horacio Rodríguez Larreta administration will be
the seizure of the National Executive's account at Banco Nación,
while it is also analyzing requesting the
application of fines to officials
who, by order of President Alberto Fernández, They decided to disregard the Court's ruling.
The measures are evaluated by the City Attorney General, represented by Gabriel Astarloa, who awaits the restart of judicial activity on February 1, to claim before the Court that what was ruled more than a month ago be complied with.
The seizure of the bank account is
a "forced execution" measure
, given what the City has already denounced in the file as non-compliance with the ruling.
Consequently, the highest court will be required to proceed with the seizure of the corresponding funds that must be transferred since the sentence was signed on December 21, which means around
As an immediate result of this proposal, it will be demanded that the Banco de la Nación Argentina -directed by Silvia Batakis- be intimidated to comply with the ruling and therefore, to
start depositing the money owed for this month on a daily basis.
Within the battery of measures that are contemplated in these execution trials, the City government does not rule out, through its Attorney General, including a request for fines to be applied to officials who, by order of Alberto Fernández, decided to fail to comply with the sentence of the highest court.
On December 21, the Court ruled in favor of the City of Buenos Aires, allowing a precautionary measure in which it ordered the national Executive to restore to the Buenos Aires administration the co-participating funds cut in 2020.
The Court understood that the claim was admissible and, on the other hand, that there was damage caused to the coffers of the administration of Horacio Rodríguez Larreta -which led to the creation of new taxes-, whose increase should be avoided.
Based on these two pillars, the national government was ordered to start paying -the day after the ruling- 2.95% of co-participating funds (the CABA claims that the original percentage of 3.5% be returned, but that discussion has not yet begun to be analyzed).
During the month that elapsed since the ruling, the Nation decided not to comply with the ruling.
And on the last business day of 2022, Carlos Zannini, in his role as Treasury Attorney, presented the recusal of the four ministers of the Court and a reversal of the ruling.
"With this proposal, the Casa Rosada managed to gain time," say Buenos Aires government sources.
Throughout this month the ruling was not complied with and the City stopped receiving $22,000 million.
Faced with this scenario, the City Attorney General is now preparing to request the seizure of the Nation's bank account and possible fines for national officials.
a new debt
On the other hand, according to reports from the City Government, the Executive Power
accumulated a new debt
: since the signing of the Court's ruling, it
stopped paying the monthly fee
that by Budget Law corresponded to turn for the maintenance of the
Buenos Aires Police
From the administration of Rodríguez Larreta they estimated that
the non-payment of this quota amounts to 4,400 million pesos.
These funds were allocated each month to pay for the City Police after the law that reduced the Coparticipation payment from 3.5 to 1.4% was voted in September 2020.
With the ruling of the Court last December, the
National Government understood that this law was suspended
and that is why they stopped transferring that fee to the City.
"The Government is selective in deciding which part of the Court's ruling complies and which not, because 2.95% continue to not comply but the other letter of the measure does comply," Buenos Aires government sources told Clarín.
This money will also be claimed along with the co-participating funds under the new percentage that have not yet been paid.
The decisions of the Court
When the judicial year resumes on February 1, the Highest Court will have at least
three determining issues to resolve
within the framework of this file.
First of all
, Carlos Zannini's proposal regarding the recusal of the four ministers
to continue resolving this issue.
The measure, judicial sources indicated, will not prosper, but until that request is resolved, the discussion cannot move forward.
On the other hand, the courtiers must also pronounce on the
request to revoke the ruling
that the Fernández government also exposed.
Another measure that will not come to fruition.
However, with these two aspects the Casa Rosada gained time because nothing can be resolved until there is a pronouncement on the matter.
What the Court must analyze next is
the claim of non-compliance formulated by the City Attorney
regarding the December ruling and what will materialize in a specific request for the seizure of Banco Nación accounts to cover the money that was not paid.