A court declared the "unconstitutionality" of the Buenos Aires law to review national cases

The Buenos Aires Civil Chamber issued this Tuesday, November 23, the unconstitutionality of the Buenos Aires law that enabled the high Court of Justice of the Federal Capital to intervene as reviewing court of the judgments of the national jurisdictions in Civil, Commercial and Labor matters.

“It becomes at odds with the supreme law, that the local legislature, in the regular exercise of its powers, substitute the other powers of the State – in this case the National Congress – in the functions that are proper to it to create a procedural appeal not sanctioned by the national legislator, “said Chamber J of the Chamber.

The ruling applies to a particular case, while in another jurisdiction, the Federal Administrative Litigation, is in the process of appeal a proposal of a similar nature from the Public Bar Association of the Federal Capital to define whether or not the law is unconstitutional.

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The judges Beatriz Verón, Gabriela Scolarici and Maximiliano Caia considered that the law enacted by the Buenos Aires Legislature establishes a mechanism that “is not only contrary to all legal logic, but, in addition, it constitutes a violation decision of the Constitutional Supremacy, from any point of view where it is analyzed and studied “.

“It violates the principle of normative hierarchy when, as is known, the (federal) Legislative Power is the one that is in charge of sanctioning the legal norms that impose conduct on certain categories of people and is exercised by the National Congress,” they added. .

The Buenos Aires legislature “exceeding its powers clarifies that the knowledge of the Superior Court of Justice of the Autonomous City of Buenos Aires about the final judgments of the superior court of the cause, can be those issued by both the courts of the City of Buenos Aires as of the members of the National Justice of the Federal Capital´ “.

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“This,” replied the Chamber, “constitutes a new local institute and impossible to assimilate to those established at the national level, when the local legislature lacks the powers to issue additional norms to be complied with by the courts of national jurisdiction.”

In addition, the ruling added, Legislature “does not have the power to modify the Nation’s Procedural Codes and of the law that regulates the extraordinary appeal “.

“Beyond the defense that may be raised in relation to local autonomy, the National Congress defined the issue of power not delegated to the City of Buenos Aires, by providing that ‘without prejudice to the powers of the following articles, the Nation preserves all the power not attributed by the Constitution to the autonomous government of the city of Buenos Aires, “the chambermaids remarked.

In that sense, he claimed that the Nation “is the owner of all those goods, rights, powers and attributions necessary for the exercise of its functions.”


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