This Tuesday , the Federal Administrative Litigation Chamber
rejected an appeal from the Government
and confirmed that the CGT's protection against the labor chapter of the mega DNU must continue to be resolved in the labor jurisdiction.
The labor court suspended that chapter of the DNU but has not yet said whether it is unconstitutional as the labor union maintains in the substantive debate.
In a ruling signed by the fair judges of that chamber, Sergio Fernández and Carlos Greco, the appeal of the Chief of Staff was rejected, at the request of the Attorney General of the Treasury and
confirmed the jurisdiction of the National Labor Justice
to hear in the case titled: “GENERAL CONFEDERATION OF LABOR OF THE ARGENTINE REPUBLIC c/ NATIONAL EXECUTIVE POWER s/ ACCION DE AMPARO” (CNT File No. 56,862/2023).
On the other hand,
precautionary measures continue to be added
against the labor chapter of the DNU, while the federal administrative litigation judge Lavié Pico rejected, last week, a request from CELS, close to the K, to suspend the entire mega DNU of President Javier Milei.
Thus, the national Labor judge Lucrecia Pedrini yesterday granted a precautionary measure requested by the Banking Association (AB) and
suspended "all the legal effects of the fourth title of the decree of necessity and urgency (DNU) 70/23
for the workers of the activity", a resolution that is added to other judicial rulings in the same direction in response to presentations made by the CGT, the CTA and other union organizations.
Pedrini resolved to "admit the requested precautionary measure and, consequently, preventively suspend the validity of the provisions of Title IV of DNU 70/2023 as long as it affects the group of workers represented by the plaintiff Association, until a final ruling is issued." in these files", as appears from the resolution to which Télam agreed.
The judge considered that "taking into account the
breadth, variety, depth and scope of the 'labor reform'
proposed in Title IV of DNU 70/2023" the conditions are met to dictate a precautionary measure whenever it exists. danger in delay."
This is not the first precautionary measure that suspends the effects of the application of the labor chapter of the DNU: previously the national Labor Justice had issued precautionary measures in cases initiated by presentations by the CGT, the CTA and the organizations Centro de Capitanes de Ultramar and officers of the Merchant Navy, and the Aeronautical Personnel Association.
Meanwhile, the case initiated by the CGT
has been processed since last Thursday in the Supreme Court of Justice
after the judges of the fair room of the Chamber of Labor, Alejandro Sudera and Carlos Pose, accepted the appeal that the Government presented against the ruling for the highest court to rule on the labor chapter.
Another of the cases that the Court already has is for an amparo that the governor of the province of La Rioja, Ricardo Quintela, presented directly before that court.
The Court will deal with both cases in February after the January judicial fair.
The highest court agreed on December 29, 2023 to intervene in the presentation of the Riojan Government against the DNU, which was sponsored by the former member of the Court and activist K Eugenio Zaffaroni and the constitutionalist Raúl Ferreyra, member of the commission of notables that advised the former president Alberto Fernández in the attempt at judicial reform.
In that presentation, the Rioja Government asked the Court to declare "the manifest unconstitutionality" of the DNU, although the treatment of the case by the high court will be after the January judicial fair.
Other precautionary measures of Justice also left without effect,
for example, the application of increases in prepaid plans endorsed by the DNU
: the federal Civil and Commercial and Contentious Administrative Judge of San Martín Martina Forns issued a precautionary measure so that the Company Italian Charity in Buenos Aires readjusted the fee for an affiliate's health plan, while federal judge Elpidio Portocarrero Tezanos Pinto did the same in another ruling in favor of the user Luis Millet against the Galeno prepaid company by establishing the "absolute unconstitutionality" of the Government's measure.