The Civil and Commercial Court No. 12 of San Isidro declared this Tuesday “incompetent” to resolve “the conflicts that arise between a Municipality and the Government of the Province”, after the mayor of Vicente López, Jorge Macri, present an amparo in Buenos Aires Justice to try to stop the suspension of face-to-face classes between April 19 and 30 that the national Executive Power ordered.
“Articles 161 inc. 2 ° and 196 of the Constitution of the Province establish that the Supreme court has the attribution to resolve, originally and exclusively, the causes of competition between the public powers of the Province and conflicts that arise between differents municipalities among themselves or with any authority of the Province, “states the resolution of the San Isidro court, which bears the signature of the secretary Sebastián Elguera.
In addition, it specifies that “the Supreme Court has long ruled that the original jurisdiction exercised by that Court, established in the Constitution, is of public order, non-extendable and, therefore, cannot be extended or restricted by a rule of hierarchy lower than the Constitution, a judicial decision or an agreement of the parties “.
In that sense, it indicates that ” Ordinary judges do not have the power to issue on one point or another “, since in that jurisdiction the Court” exercises exclusively, that is to say that only it has powers to decide the cases referring to these matters and the questions of jurisdiction that arise due to their scope and content ” .
In this way, the protection presented by the mayor of Vicente López was referred to the Supreme Court of the province of Buenos Aires.
Meanwhile, sources from the municipality of Vicente López announced that they will appeal that decision because “the Amparo law is clear in the sense that any natural or legal person whose rights and interests are affected can bring the action “.
In addition, they indicated that “as is sustained in jurisprudence” the Supreme Court of Justice of Buenos Aires “has ruled that any judge has jurisdiction to hear amparo actions.”
“The court has not resolved the precautionary measure presented, so we will request that it be dealt with by the appeal jurisdiction, which in this case would be the Administrative Litigation Chamber of San Isidro,” they stated from the municipality.
The closure of schools generated protests in the City and the Province. Photo: Lucia Merle.
Lastly, they considered that the Supreme Court of the province of Buenos Aires will decline its competence to attend appeals, as arises from the antecedent of the municipality of Avellaneda with the province of Buenos Aires.
Rejection in the first instance
The federal judge in civil, contentious and administrative matters of San Martín Oscar Papavero On Monday he rejected an injunction presented by the mayor of Vicente López against the suspension of face-to-face classes.
The magistrate maintained that the decision is the responsibility of the provincial Justice and added that “the evidence attached to the file is insufficient ‘per se’ to justify the precautionary claim with the minimum degree of verisimilitude required.”
On Friday, once the DNU of the national government was made official, Jorge Macri affirmed that he was going to “do everything possible to maintain presence in the classrooms.”
“We present an appeal in court so that in Vicente López the schools do not close. I am convinced that it is the place where the boys have to be,” he explained.
“As a government I have a power that is Justice. I do not raise a rebellion, because the rules are to be respected. I will try to do what is in my power to guarantee that what is not sick, such as face-to-face classes, continues, “said the official when presenting the amparo.
In this context, Macri clarified that the request is not against circulation restrictions: “I know that at night messy and illegal yeah the level of contagion has risen. But for that, in Vicente López we are going to give restaurants, party halls and gyms a non-refundable subsidy of 40 thousand pesos so that they can continue to survive. “
In this way, the communal leader of Together for Change faced a strategy similar to that of the City of Buenos Aires, which presented an amparo to the Supreme Court of Justice to render the suspension of classes without effect.
It is an action of unconstitutionality with a request for a precautionary measure.
The proposal was based on three axes: the alleged violation of the autonomy of the City, – “the decision adopted by the National State implies a virtual federal intervention-“; the violation of the principle of reasonableness – “the suspension of face-to-face classes is not justified in empirical data” – and the violation of the principle of federal supremacy, according to which “the supremacy of the National Constitution is declared above all the legal order Argentinian”.
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