In what it means A new judicial setback for Javier MileiThe Federal Justice of La Plata issued a measure precautionary By which “preventively” suspended article 154 of the Decree of Necessity and Urgency promoted by the Executive last December, which repeals the so-called Land Law that restricts the sale of fields to foreign capital.
The resolution was issued by the federal judge. Ernesto Kreplak -who has already taken similar measures, such as with respect to bus fares.
The magistrate, brother of the Buenos Aires Minister of Health Nicolás Kreplak, accepted a proposal from the Malvinas La Plata Ex-Combatants Center (CECIM), which denounced “unconstitutionality and nullity” of the DNU.
In the ruling the amparo action was granted promoted by the president of CECIM La Plata, Rodolfo Carrizo, who objected to the national Executive’s possibility of repealing law 26,737 of the Regime for the Protection of the National Domain on the Property, Possession or Tenure of Rural Lands, as well as any legal act carried out since the date of its entry into force.
“By law 26,737 the acquisition and land possession to natural or legal persons of foreign nationality and the acquisition of land was prohibited that contain or are riparian to large bodies of water and permanent”, was outlined in the presentation.
In this regard, it was noted that “it indicates that the norm challenged here, by repealing the previous one, frees the land market, enabling foreignization of the same, with dynamic landownersthat put the principles of territorial integrity and national sovereignty in crisis, conditioning not only the availability of Argentine soil, but also freshwater courses.”
The CECIM maintained that “the DNU provides a clear interference by the Executive Branch within the scope of powers of the Legislative Branch, especially if one takes into account that said norm openly contradicts the will that the legislators expressed when sanctioning them”.
And he requested that “a precautionary measure be issued by which the application of the Decree of Necessity and Urgency 70/2023 is suspended, as well as all other regulations issued as a consequence, until the merits are resolved.” The judge agreed with the arguments.
The CECIM also said that the requirements of necessity and urgency are not met. “The National Executive violated the principles of the republican organization by repealing, through a decree of necessity and urgency, a norm dictated by the Legislative Branch without the necessary details being accredited for it. If this were the case, the intention to use the constitutional text as a basis for any of the rights derived from it would not be at stake, but rather the fundamental right itself would be in danger,” he explained.
It was also argued that although the Executive is authorized to dictate DNU, they must be “in a manner exceptionalwhen extraordinary circumstances make it impossible to follow the ordinary procedures that the National Constitution establishes for the sanction of laws, as long as it does not involve the criminal, tax, electoral or political party regime.” And he recalled that the national Supreme Court has issued on the concept of “public emergency situations.”
Kreplak demonstrated “the requirements of plausibility of the right and danger in the delay required by article 230 of the CPCCN and law 26,854 have been proven, which is why I will have preventively suspend the validity of the provisions of art. 154 of the Necessity and Urgency Decree 70/2023, until a final ruling is issued.”