In what means
a new judicial setback for Javier Milei
, the Federal Justice of La Plata issued a
precautionary
measure through which it
"preventively" suspended
article 154
of the
Decree of Necessity and Urgency
promoted by the Executive last December, which repeals the called
Land Law
that restricts the sale of fields to foreign capital.
The resolution was issued by federal judge
Ernesto Kreplak
- who has already taken similar measures, such as with respect to bus fares.
The magistrate, brother of the Buenos Aires Minister of Health Nicolás Kreplak, accepted a proposal from the Malvinas La Plata Ex-Combatants Center (CECIM), which denounced
"the unconstitutionality and nullity"
of the DNU.
The ruling
gave rise to the amparo action
promoted by the president of CECIM La Plata, Rodolfo Carrizo, who objected to the national Executive's possibility of repealing law 26,737 of the Regime for the Protection of the National Domain on the Property, Possession or Tenure of Rural Lands, as well as any legal act carried out since the date of its entry into force.
"By law 26,737, the acquisition and possession of land
was limited
to natural or legal persons of foreign nationality and the acquisition of land
that contains or is on the banks of large
and permanent bodies of water was prohibited," was outlined in the presentation.
In this regard, it was noted that "it indicates that the rule challenged here, by repealing the previous one, frees the land market,
enabling the foreignization
of land, with
latifundist dynamics
, which put the principles of territorial integrity and sovereignty in crisis." national, conditioning not only the availability of Argentine soil, but also freshwater courses.
The CECIM maintained that "the DNU involves a clear
interference by the Executive Branch
in the scope of powers of the Legislative Branch, especially if one takes into account that said norm openly contradicts the will that the legislators expressed when sanctioning them."
Judge Ernesto Kreplak (with glasses) and another protection against measures by Javier Milei.
Photo Gustavo Castaing
And he requested that "a precautionary measure be issued by which the application of the Decree of Necessity and Urgency 70/2023 is suspended, as well as all other regulations issued as a consequence, until the merits are resolved."
The judge agreed with the arguments.
The CECIM also said that the requirements of necessity and urgency are not met.
"The National Executive violated the principles of the republican organization by repealing, through a decree of necessity and urgency, a norm dictated by the Legislative Branch
without being accredited with the necessary extremes
for this. If this were the case, the intention to use the constitutional text as a basis for any of the rights derived from it, but the fundamental right itself would be endangered," he explained.
It was also argued that although the Executive is authorized to dictate DNU, they must be "exceptionally
,
when extraordinary circumstances make it impossible to follow the ordinary procedures that the National Constitution establishes for the sanction of laws, as long as it is not of the criminal, tax, electoral sphere or the regime of political parties".
And he recalled that the national Supreme Court has issued a ruling on the concept of "public emergency situations."
Kreplak considered "the requirements of plausibility of the right and danger in the delay required by article 230 of the CPCCN and law 26,854 have been proven, which is why I will order to
preventively suspend the validity
of the provisions of article 154 of the Decree of Necessity and Urgencia 70/2023, until the final ruling is issued."
D.S.