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The Government appeared before the Supreme Court to seek the validity of the labor chapter of Javier Milei's DNU

2024-02-18T16:30:54.810Z

Highlights: The Government appeared before the Supreme Court to seek the validity of the labor chapter of Javier Milei's DNU. It is in response to the resolution of the National Chamber of Labor, which declared it unconstitutional. The appeal was presented by the team of Rodolfo Barra, Treasury Attorney. The presentation made by the National Treasury Attorney (PTN) includes criticism of labor justice and the General Confederation of Labor (CGT) The arguments of the lawyers led by Barra avoid giving weight to the main question of the various judicial resolutions that suspended the application.


It is in response to the resolution of the National Chamber of Labor, which declared it unconstitutional. The appeal was presented by the team of Rodolfo Barra, Treasury Attorney. Criticism of justice and the CGT.


The national government appeared before the Supreme Court of Justice to

try

to reverse the ruling that declared unconstitutional and suspended

the application of the

labor chapter

of the decree of necessity and urgency (DNU) 70/23 of Javier Milei.

The presentation made by the National

Treasury Attorney

(PTN), the team of lawyers that represents the national State and is headed by

Rodolfo Barra

, includes

criticism

of labor justice and the

General Confederation of Labor

(CGT), whose representation he questions.

"

There does not arise

from the appealed sentence, nor from the records of the case,

any argument supported by evidence

, which indicates how the validity of the DNU

restricts or undermines the rights

in terms of freedom of association held by the plaintiff," the lawyers argued. of the Attorney General's Office in the document.

"It is also not explained

how

the validity of the DNU

affects the rights of the workers

that the plaintiff claims to represent," they added, with a jab at the CGT.

The arguments of the lawyers led by Barra avoid giving weight to the main question of the various judicial resolutions that suspended the application of the labor chapter of the decree: the

invocation of the conditions of "necessity and urgency"

to which the Executive Branch resorted to avoid passing the reform by the National Congress.

When the judges of the Federal Chamber of Labor annulled chapter 4 of the DNU, they remarked that "the text of article 99, paragraph 3, second paragraph, of the National Constitution is eloquent, and the words chosen in its drafting leave no room for "doubts that the admission of the exercise of legislative powers by the Executive Branch is made under conditions of rigorous exceptionality."

In their almost 40-page brief, the PTN lawyers

questioned the criteria of the Labor Appeals Chamber

to justify the non-application of the reform.

"It should be noted that the Court a quo takes a high and unjustified weighting floor regarding the need and urgency that enables the PEN to issue a DNU. Keep in mind that the norm issued and the bill sent

intend to modify the current regulatory framework

and the role that the State should have," the lawyers maintained.

Rodolfo Barra pointed out the representativeness of the CGT led by Héctor Daer in his brief before the Court.

Photo Emmanuel Fernandez

And they pointed out that "the State and the political authorities are questioned due to the high rates of unemployment and informal work and, on the other hand, when measures are taken in order to solve these social problems, they are

suspended and annulled by the Judiciary for requirement of a political

and power group, such as

the CGT

-

disguising itself as a vulnerable sector

, in the framework of judicial processes that do not respond to a case or cause."

The labor chapter of Javier Milei's DNU, entangled in the Courts

On January 30, the National Chamber of Labor declared the unconstitutionality of all the articles of the labor chapter contained in Title IV of DNU 70/2023 of the Government on the occasion of a presentation made by the CGT.

The court held that the labor reforms included in the DNU made public by President Javier Milei on December 10 were contrary to article 99, paragraph 3 of the National Constitution.

This section establishes that the national Executive "participates in the formation of laws in accordance with the Constitution, promulgates them and has them published", but that "it may not in any case,

under penalty of absolute and irreparable nullity,

issue provisions of a legislative nature."

In the ruling, the judges - Mario Fera, Manuel Díaz Selva and Héctor Guisado - were categorical in pointing out that what the Government sought to do through a DNU, at least in terms of reform of labor laws, should have been carried out by the legislative route.

D.S.

Source: clarin

All news articles on 2024-02-18

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