The national government appeared before the Supreme Court of Justice to try to reverse, through an extraordinary appeal, the ruling that declared unconstitutional and suspended the application of the labor chapter of the decree of necessity and urgency (DNU) 70/23, judicial sources reported.
The presentation made by the Attorney General of the Treasury of the Nation (PTN), the team of lawyers representing the national State led 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 maintained. of the PTN in the letter to which Télam agreed.
In this regard, the lawyers opined that “it is also not explained how the validity of the DNU affects the rights of the workers that the plaintiff claims to represent.”
The emphasis of the judicial resolutions that suspended the application of the labor chapter of the DNU was placed, however, on the unjustified invocation of the conditions of “necessity and urgency” to which the Executive resorted to not pass the aforementioned reform by the Congress of the nation.
“There does not emerge from the appealed ruling, nor from the records of the case, any argument supported by evidence that indicates how the validity of the DNU restricts or undermines the rights regarding freedom of association”
“The text of article 99 of the National Constitution is eloquent, and the words chosen in its drafting leave no room for doubt that the admission of the exercise of legislative powers by the Executive Branch is made under conditions of rigorous exceptionality,” they had remarked. the judges of the Federal Chamber of Labor when they annulled chapter 4 of the DNU.
In their almost 40-page brief, the PTN lawyers also questioned the criteria used by the Labor Appeals Chamber.
«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 aim to modify the current regulatory framework and the role that the State should play,” said the legal representatives of the national State.
And they added: «As an example, on the one hand, the State and 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, the same “They are suspended and annulled by the Judiciary at the request of a political and powerful group, such as the CGT – disguising themselves as a vulnerable sector, within the framework of judicial processes that do not respond to a case or cause,” they fired.
Regarding whether the DNU contemplates regulations whose implementation requires a nature of urgency, the Attorney General’s presentation indicated that “exceptionality, which is not an emergency” is “a concept of purely political and not legal valuation” as is the case with others such as of “border security”, “internal commotion” and “social justice”, among others mentioned.
In the opinion of the legal representation of the State, these concepts are “foreign” to “constitutional practice and the jurisprudence of the Supreme Court itself. The political assessment of the issuance of the DNU corresponds exclusively to the Legislative Branch,” he said.
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.
The norm 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 irremediable nullity, issue provisions of a legislative nature.”
The CGT mobilized on December 27 to the Courts to demand that Justice declare the unconstitutionality of the DNU that Milei had announced to the population a week before on national television.
On January 24, the labor union carried out a national strike for 12 hours and a demonstration this time in front of Congress to support the claim and reject the economic measures of the national government.
Some of the modifications in labor matters established in the DNU that President Milei signed are the extension of the trial period to 8 months, the incorporation of blockades or seizures of establishments as a cause for dismissal and changes in the compensation system.
Source: Télam
2024-02-18 19:43:17