A month ago, the lawyer and professor at the Faculty of Law of the National University of Córdoba (UNC), Luis Alberto Diaztogether with a group of citizens, lawyers and other academics, presented in the Federal Justice an Action Declaratory of Unconstitutionality (ADI) against the Decree of Necessity and Urgency 70/2023 signed by the president Javier Mileito prevent its total or partial application for violating constitutional rights and guarantees.
On April 19, Federal Court Number 3 of Córdoba, in charge of Miguel Hugo Vaca Narvaja, informed Díaz that the presentation was admitted. In this way, the lawsuit of these lawyers becomes the first in the country, as Díaz explained, not to be rejected by Justice. However, this Thursday the lawyer will present a request to Vaca Narvaja to comply with Agreement 12/2016 of the Supreme Court of Justice of the Nation, and issue a certificate accepting the ADI and registering it as a collective process, since he considers that the federal judge’s response is “incomplete.”
Díaz’s legal strategy occurs within the framework of multiple appeals for protection and declaratory actions against Demi constitutionality that have been presented (which have been rejected without processing) throughout the country since the entry into force in the month of December, when Javier Milei issued the mega DNU 70/2023, but it differs from others in that (after carefully studying the arguments of Justice when dismissing said actions) it includes key points such as the figure of citizen groups and lawyers who are affected by its application.
Likewise, the progress of the ADI in the Vaca Narvaja Court occurs at the same time that the Chamber of Deputies, after issuing an opinion last week (after it was not reached in February), is preparing to debate a Law that proposes to establish a systematized reform throughout the State, which deregulates the economy, repeals hundreds of laws (conquered rights), reforms the labor regime to the detriment of the rights of workers while limiting the right to strike and protest, and fully impacts in education and health, mainly affecting the rights of women and diversities, children, older adults, indigenous peoples, poor people, and people with illnesses or disabilities.
In dialogue with The New Morning, the lawyer from Córdoba celebrated the progress of the ADI presented by him and his colleagues but explained that Vaca Narvaja’s response is incomplete since it does not comply with Agreed 12/2016 of the Supreme Court of the Nation, for which they will demand Thursday that complies with what is established therein. “In order for people to understand the seriousness of this rule that the Executive wants to impose, it is necessary for people to know that this decree seeks to implement a cycle of injustice perpetrated by the State against the most vulnerable sectors,” explains Díaz.
–A month ago, when you presented the declaratory action of unconstitutionality against DNU 70/2023, did you expect it to advance?
-The truth is that we did not expect it. However, we knew that our approach was different from the others. We spent three months working on it, but we thought it was difficult to admit, especially after the latest Court rulings. That’s why when we received confirmation that federal judge Vaca Narvaja had received it, we were very happy. We are overflowing with joy but also knowing that this response is incomplete and that it does not comply with the Court’s Agreement regarding collective processes and their registration as such.
-What does the response given by federal judge Hugo Miguel Vaca Narvaja mean to the declaratory action against DNU 70/2023 that you and your team presented?
-The first thing we know is that it has not rejected us in limine (that is, it processes it), something that could have happened, and that is already a triumph. But we still don’t know very well how to fully understand what was decreed because it is a collective process that we initiated. That is, we invoke the representation of the citizens of Córdoba and the lawyers in particular. And the judge admits us. But when you file a class action, according to the Supreme Court, he has a specific regulation, and the judge should have done certain things that he has not yet done. So, we are not very clear about what his strategy has been, but we believe that he should decree giving it collective action.
-What steps are you going to follow after this “incomplete response” so to speak from Judge Vaca Narvaja?
-This Thursday we are going to ask that it be issued in accordance with the agreement of the Supreme Court of Justice for collective processes. We will do it to avoid everything being processed and then being told, ‘no, well, but you didn’t even have a case’, as has happened with the Court, with the proposals of the governor of La Rioja, Ricardo Quintela, and the lawyer Jorge Rizzo, who were told they did not have a concrete case to raise.
We already know that we are in, that we cannot go back with that. But, based on the two previous Court precedents that I mentioned, what we want is for the judge to say that it is a collective action and if we are going to have a specific case to litigate. That is why we are going to ask the court to comply with the requirements established by the Supreme Court.
The response from Federal Court Number 3 of Córdoba:
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