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The measure comes after the federal judge of Rawson, Hugo Ricardo Tailorwill order the national government to return of funds claimed by the province of Chubut.
The failure, a “self-satisfied measure”ordered “the cessation of retention that – as reimbursements for loans agreed within the framework of the Trust Fund for Provincial Development – the defendant has been making on the sums that the defendant must receive as Federal Tax Sharing“. “This, until the debt refinancing and for the maximum period included in the current financial year,” the resolution adds.
Furthermore, the judge urged Chubut and Nation to “arbitrate means conducive to the cancellation and/or refinancing of debtunder reasonable conditions, which do not involve the commitment of essential services of the provincial state.”
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The governor of Chubut, Ignacio Torreshad claimed to the Justice the dictation of a “self-satisfying” measure against the State so that “cessation” the automatic withholding of sums from the province’s co-participation in respect of loan repayments of the Provincial Development Trust Fund and the immediate refund of what has already been retained.
The lieutenant governor of Chubut, Gustavo Mennacelebrated the Rawson federal court ruling. “The Federal Justice He agreed with @NachoTorresCH: the National Government illegally withheld Chubut’s participation,” the official published on his platform X account.
“They are going to have to take contract courses and sending emails. Meanwhile, they will not be able to continue retaining what belongs to the province,” he added in an ironic tone in his publication.
Courts Supreme Court Justice CSJN
Ignacio Petunchi
What is a per saltum?
He per saltumLatin voice that means “by jump” and in Latin it means “instance jump”is a legal tool which operates in the following way: once a case has a sentence of the Competent Court of First Instanceif the cause is institutional gravitythe appealing parties can take the case directly to the Supreme Court of Justice of the Nation (Highest Court) avoiding going through the second instance.
How is a per saltum presented?
The normal procedure of a judicial proceeding begins with a ordinary cause in civil, commercial or administrative matters who enters a Court of First Instancewho after the procedure dictates judgmentlater in case the parties feel affected they have the right to appeal her on camerawhere a court composed of three judges will resolve and, in the face of such a ruling, the extraordinary and final instance remains in our country: go before the Supreme Court.
The per saltum serves to “skip” these instances and quickly reach a final ruling of the Court.. When one of the parties presents a per saltum, the judges of the highest court meet in an agreement meeting and analyze whether the request is justified or not. If they accept it, they will meet again to issue a definitive sentence. If they reject it, the case continues. natural process.
According to him Civil and Commercial Procedural Codeis a resource of “marked exceptionality”Since 2012, per saltum in cases of federal jurisdiction has been used in cases that “involve issues of notorious institutional gravity” whose solution “definitive and expeditious” is necessary.
The Code establishes that institutional gravity exists when “those issues submitted to trial that exceed the interest of the parties in the caseprojecting itself onto the general or public, in such a way that due to its transcendence they remain the basic institutions of the republican system compromised of government or the principles and guarantees consecrated by the national Constitution and the International Treaties incorporated by it.”
The first of them was in 1987 during the presidency of Raul Alfonsinwhen he sent a project to parliament so that the Supreme Court had the authority to skip instances and pursue cases of institutional seriousness that were filed in the lower courts.
