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.