The Limited Times

Now you can see non-English news...

The mega DNU was left perforated with unconstitutional chapters and others suspended

2024-02-04T20:20:12.743Z

Highlights: The Supreme Court of Justice of the Nation and other instances of Justice will begin in the coming weeks to study the "rain" of resources, protections and precautionary measures against the decree of necessity and urgency ( DNU) 70/2023. There are about 50 requests for protection against the DNU that has already been "pierced" by several precautionary measure that suspended other aspects. The most worrying are the claims that go against the entire DNU. The DNU was not included in the omnibus law that Congress is dealing with.


The labor chapter was declared unconstitutional, while those that allowed football clubs to be converted into public limited companies and sell land to foreigners in the border area were suspended. There are also precautionary measures regarding the dissolution of the National Yerba Mate Institute and the increases in prepaid medical bills.


The Supreme Court of Justice of the Nation and other instances of Justice

will begin in the coming weeks - after the end of the judicial fair on Wednesday - to study the "rain" of resources, protections and precautionary measures against the decree of necessity and urgency ( DNU) 70/2023

, on economic deregulation, from the government of Javier Milei.

The DNU already has its labor chapter declared unconstitutional while different precautionary measures suspended other of its key points,

leaving it "perforated" in several key points and with the possibility

that after a long process it will be declared unconstitutional by the Court.

There are about 50 requests for protection against the DNU that has already

been "pierced"

by several precautionary measures that suspended other aspects.

The famous "rain of protections" predicted by former deputy K Héctor Ricardo.

The most important are:

-The federal judge of Mercedes Elpidio Portocarrero Tezanos Pinto, based on a presentation made by the Liga de Salto, affiliated with the Argentine Football Association through the Federal Council,

suspended the article that allowed football clubs to be transformed

into public limited companies such as in Spain or Great Britain.

-Federal judge Ernesto Kreplak, in response to a presentation by the Center of Former Combatants of the Malvinas Islands La Plata (CECIM),

suspended Chapter 154, which repeals the Land Law to enable the sale of fields to foreign capital in border areas

.

-The federal judge of Misiones, Adriana Fiori, granted a precautionary measure requested by yerba mate associations and

suspended a chapter of DNU 70/2023 so that “the structure, functions and powers of the National Yerba Mate Institute are not modified or altered. (INYM)".

On the other hand, there are

several precautionary measures against the increase in prepaid Health insurance fees:

more than a dozen citizens affected by this increase managed to get the courts to order the companies to which they were subscribed to charge them the previous fee again. that the deregulation of that market be decreed, until the substance of the matter is analyzed.

But

they are only case by case

and not a decision for all prepaid members.

But the most worrying are the claims that go against the entire DNU.

Last week, the Attorney General of the Nation Eduardo Casal declared that

the

declaratory action of certainty that Governor K of La Rioja, Ricardo Quintela, made at the end of December before the highest court to determine whether The entire DNU is constitutionally valid.

That is to say, Quintela

was able to skip all the steps to go directly to the Court

.

Meanwhile, Congress, through the bicameral Legislative Procedures commission, can reject or approve the DNU.

During the government of Alberto Fernández and Cristina Kirchner, the commission did not function and in fact all the DNU of the previous administration were de facto approved.

The DNU was not included in the omnibus law that Congress is dealing with.

In addition, to the request of Quintela - one of the governors who promoted the impeachment of the Court to benefit Cristina Kirchner - the highest court must also deal with the appeal that the Attorney General of the Treasury Rodolfo Barra will present against this precautionary measure of the Chamber of Labor that suspended the labor chapter of the DNU.

In favor of the government

, Judge Lavié Pico rejected precautionary measures to

suspend the entire DNU

presented by constitutionalist Andrés Gil Domínguez.

He had previously rejected a similar measure from CELS.

And the Federal Administrative Litigation Chamber, made up of judges Sergio Fernández and Carlos Grecco, dismissed the appeal filed

by Jorge Rizzo in his capacity as President of the Civil Association Gente de Derecho.

In the foundations of the ruling, the court ratified the rejection of the amparo action “on the basis that the existence of

a “cause”, “case” or “controversy” that corresponds to the Judiciary of the Nation resolve in the terms of article 116 of the National Constitution

.”

The court did the same with the amparo action of the Civil Association Observatory of the Right to the City, through its President, and Claudio Raúl Lozano (former deputy), Hugo Ernesto Godoy (head of the CTA) and Rodolfo Ariel Aguiar, in its character of members of the entity.

This is the first precautionary measure presented against the DNU.

Each precautionary measure

will be resolved in its own jurisdiction

because the federal judge of the Administrative Litigation jurisdiction of the fair Enrique Lavié Pico, who dismantled the collective process that his colleague Esteban Furnari had enabled before the judicial fair and ordered that each case be dealt with in his jurisdiction and respective jurisdiction.

Barra, on the other hand, wanted all precautionary measures to be decided in a single case.

Source: clarin

All news articles on 2024-02-04

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.