2023-12-23 23:28:21
A federal court decided to analyze the validity of the Decree of Necessity and Urgency (DNU) to deregulate the economy what the president announced Javier Miley last Wednesday on the national network. The petition was made by an organization that presented a collective protection against these measures of the new national administration, which becomes the first action of this type against DNU 70/2023.
This Saturday the National Federal Administrative Litigation Court No. 2, headed by Esteban Furnari, resolved to admit the action initiated by the Right to the City Observatory as collective protection, and consequently, order their registration in the Registry of Collective Processes.
Justice has not yet ruled on the accusations of “unconstitutionality” that fall on the measure, with the National State as the defendant actor.
But the federal judge defined that the lawsuit filed by the civil organization Observatory of the Right to the City will be treated as collective process.
“I understand that the present process must be registered in the aforementioned registry, without this implying – of course – opening a trial at this point on the formal admissibility of the amparo or on its origin, nor in relation to the precautionary request,” said the judge. federal in statements reproduced in The nation.
In turn, the lawyer sent a request to the Public Prosecutor’s Office to issue a ruling on the claim.
Rodolfo Barrathe attorney for the National Treasury, will be in charge of defending the DNU against the lawsuits filed. There are currently three lawsuits against the mega deregulation decreealthough there may be more and in other jurisdictions such as Civil and Federal Civil and Commercial.
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Collective protection against the DNU of Javier Milei
The action initiated by the Right to the City Observatory in conjunction with politicians Hugo “Cachorro” Godoy, Claudio Lozano and Rodolfo Aguiarwas presented on the same day that the decree signed by Milei was published.
In the text they argued that the national government’s initiative constitutes a “deviation of power and an abuse of public law, for violating the republican principle, the division of powers, democracy, the principle of reservation of law and collective rights of Argentine citizens to participate in the direction of public affairs directly or through their representatives.”
In the same judicial presentation it is stated that the DNU in question “is not intended to address the temporary and temporary solution to an emergency situation in exceptional circumstances, but rather to establish a new social and economic course for the country permanently.”
Regarding the scope of the protection, the complainants intend to obtain the declaration of unconstitutionality and the absolute nullity of the Decree of Necessity and Urgency No. 70/2023 and of any regulation or act that derives from its validity or that was dictated in its compliance, for violating the Constitution of the Argentine Nation (arts. 29, 33, 36 , 76; art. 75, paragraphs 18 and 19, art. 99, paragraph 3) and for constituting the exercise of extraordinary powers and powers equivalent to the sum of public power.
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