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Province presented an amparo against Javier Milei’s DNU

The measure was promoted by the Buenos Aires ombudsman, Guido Lorenzino seeks “promote constitutional protection action against the National State“with the objective “of declaring the unconstitutionality, and consequent absolute and irremediable nullity” of the DNU 70/23 called Bases for the Reconstruction of the Argentine Economy “because it is manifestly and visibly incompatible with article 99, paragraph 3, third paragraph, of the National Constitution.”

At the same time, request to order “as a measure of urgent precautionary protection, the immediate suspension of the effects of the decree” until a sentence is issued.

The 44-page presentation “specifically includes all inhabitants of the Province of Buenos Aires” Therefore, it requests that it be excluded from the collective process that is being processed in the Contentious Administrative Court No. 2 based on the presentation of the Civil Association Observatory of the Right to the City.

In the foundations of the protection they point out that the DNU 70/2023 “is manifestly unconstitutional, for manifestly violating art. 1st of the National Constitution (by subverting the republican form of government); and art. 75 paragraphs 1 (when legislating on customs matters), and 12 (when modifying the Civil and Commercial, Mining, Labor and Social Security Code and other substantive legislation), which are found usurped by the dictates of the Executive Branch outside the causes expressly and restrictively listed in art. 99 in. 3rd, second paragraph, of the Constitution: “Only when exceptional circumstances make it impossible to follow the ordinary procedures provided for by this Constitution for the sanction of laws, and it is not a question of norms that regulate criminal, tax, electoral matters or the regime of political parties, may decrees be issued for reasons of necessity and urgency”.

Furthermore, they argue that “the decision of the President of the Nation of modifying approximately 300 laws with multiple and heterogeneous content, something expressly prohibited by article 99 of the National Constitution, puts us before a serious, unprecedented, extremely exceptional institutional situation for one of the pillars of our Constitution: la republican form of government”.

The protection presented by the Province

Promotes Amparo Action. Request Precautionary Measure.pdf

Province filed an amparo and requested precautionary measures against Milei’s DNU.

More than 12 presentations against the DNU

He jurisdiction in Federal Administrative Litigation Already received 11 judicial protections against him Decree of Necessity and Urgency (DNU) of deregulation of the economy driven by the president Javier Mileiwith requests for suspension until a substantive ruling is issued in relation to claims of alleged unconstitutionality of the norm. Added to the protections presented is the measure promoted by the Province.

One of the protections announced this Tuesday was that of Jorge Rizzo, former president of the Public Bar Association of the Federal Capital, who described the document as “unconstitutional” and highlighted the importance of “not innovating”a measure that would prevent the decree from being applicable until a resolution of Justice.

“The DNU is unconstitutional, null and inapplicable. The continuity of the Legislative Power is at stake within the division of powers. I don’t get into the background. I share some things that are there, such as the repeal of the rental law, that I fought to keep it out, but I don’t share the mechanism,” she said in statements to the press.

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