In Comodoro Py they await information from Banco Nación to advance in the case where
President Alberto Fernández
, the Minister of Economy,
Sergio Massa
and the Treasury Attorney,
Carlos Zannini,
among other officials, are criminally denounced for the crime of
disobedience
, after the non-compliance with the ruling of the Supreme Court that forced the Nation to pay the city of Buenos Aires 2.95% of co-participating funds instead of the 1.4% provided unilaterally by the Nation.
The criminal complaint was filed in the last business days of December, when the Executive Power
decided not to comply with the order of the highest court
.
In addition to going before the Court, the City government went to the criminal jurisdiction with a presentation against the officials, "including those who are part of the Ministry of Economy and the Ministry of the Interior of the Nation who have been notified of the judicial resolution." , which forced them to pay more than 1,050 million pesos daily in co-participation to the City.
Far from that figure, the Buenos Aires administration
continues to receive 500 million pesos
daily , that is, the amount corresponding to the old percentage that the Court ordered to be modified.
The updated figure with the percentage of 2.95% ordered by the Court
accumulates 35,000 million pesos that the Nation did not remit to the Buenos Aires coffers.
The complaint against Alberto Fernández and part of his cabinet indicates that the "disobedience committed by the Executive Power" to a ruling by the highest court "affects different criminally protected legal rights", invoking under the protection that Horacio Rodríguez Larreta
was right with
his claim.
The case is delegated to the prosecutor's office in charge of
Ramiro González,
who in the first instance requested the Court to send the ruling that was signed unanimously giving rise to the precautionary measure filed by the City.
A second request made by the representative of the Public Prosecutor's Office was addressed to
Silvia Batakis,
director of Banco Nación.
An explanation was requested
regarding how the daily transfers
of co-participating funds to the provinces are made.
It must be remembered that the ministers of the Court ordered the financial entity to enable the means required to begin depositing the new percentage to the administration of Rodríguez Larreta.
The City government is considering
requesting the seizure of the Banco Nación account
to cover the money owed to date.
Batakis has not yet sent that report to federal justice.
According to judicial sources confirmed to
Clarín
, Banco Nación contacted the prosecutor's office a week ago and promised to
respond during these days
, a week that is also short due to the long holiday.
Banco Nación is a key piece in the financial structure that, the City government understands, had to abide by the Court's ruling.
The criminal complaint includes the Board of Directors of the Banco de la Nación Argentina
and "other officials of the line of said banking entity, in their capacity as agent of transfer and payment of the Coparticipation funds, and/or who are ultimately responsible for the facts that will be exposed", indicates the judicial text.
The criminal offenses attributed in the complaint refer to disobedience and, secondly, to any act as a public official through which
resolutions contrary to "the constitutions or laws" are issued.
Precisely because Banco Nación did not transfer the required funds, the Larreta government also attributed responsibility to Sergio Massa, understanding that the Ministry of Economy of the Nation received the notification from the Supreme Court, "a measure that should have been effective as of 22 -12-2022".
In this sense, it was explained that the bank, which is totally state-owned, "is within the orbit of the Ministry of Economy of Argentina, for which reason
its decisions are supervised by this Ministry
."
The complaint for non-compliance
Since September 2020, the Alberto Fernández administration has transferred 1.4% of co-participation funds daily to the City, after removing one point of co-participation via decree and later with a law approved by the ruling party in Congress.
Rodríguez Larreta claimed two things before the courts: the unconstitutionality of that Law and
that the previous percentage of 3.5% be restored
, together with
a return of the funds that they stopped receiving
.
On the other hand, he raised a precautionary measure to stop this major reduction as soon as possible.
It was on this injunction that the Supreme Court ruled in December.
He considered that there were sufficient arguments on the part of the City to make the claim for this measure, and the ministers of the highest court understood that there was an urgent decision to be made due to the financial implications of cutting funds for the Buenos Aires administration.
The discussion of the merits of the matter still remains: that the law that is now suspended and that reduced the percentage
be declared unconstitutional,
and that a new distribution of the resources that correspond to the City be established.
Together, the retroactivity of funds not received to date.
look also
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look also
Census 2022: in addition to La Matanza, another 13 municipalities of the GBA could lose income due to co-participation
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