The government of Chubut, which directs Ignacio “Nacho” Torresmanaged to gain time this Thursday in a fight in the controversy that arose with the national State based on the withholding of funds from the federal co-participation. The thing is that the Federal Chamber of Comodoro Rivadavia refused to intervene in the appeal that had been promoted by the Treasury Procurement and maintained that the case is within the jurisdiction of the Supreme Court of Justice. That resolution implied not reviewing the order given in the first instance that imposed on the National Executive to refrain from dictating and/or executing any act that seeks the elimination and/or reduction of the Interior Compensation Fund with significance in urban and suburban passenger transportation in the jurisdiction of the province of Chubut.”
The decision was made by the judges Javier Leal de Ibarra and Aldo Suárez. “It is not possible to ignore that the case has a institutional gravity of unsuspected significance due to the immediate impact it would have on the local and national economy and financesso we consider that It would be seriously imprudent to advance an opinion on the merits of the controversy, when definitely It must be the Supreme Court the competent judicial body to finally resolve the issue, as well as to establish the need or not to immediately suspend the effects of what was decided,” warned the ruling to which he agreed. Infobae.
The conflict arose when the Government of Javier Milei executed a guarantee to collect a debt from Chubut and ordered a cut in the usual transfer of the co-participable funds that correspond to it, based on an agreement that had been signed between the former governor of the province Mariano Arcioni and the former Minister of Economy Sergio Massa.
The decision of the administration of Javier Milei, untimely for the governor of Chubut, came after a ruling that had already twisted the arm of the Casa Rosada: on February 22, the federal judge of Rawson Hugo Ricardo Sastre granted a precautionary measure presented by Ignacio Torres, to suspend the elimination of the Interior Compensation Fund established by the national government through which money was sent for transportation subsidies. That fund by which companies were subsidized collectives urban areas in the interior of the country fell out of favor after the fall of the Omnibus Law in Congress.
In that ruling, Judge Sastre ordered the national State to “refrain from dictating and/or executing any act that seeks the elimination and/or reduction of the Interior Compensation Fund with significance in urban and suburban passenger transportation in the jurisdiction of the province of Chubut.”
On March 1, the Treasury Attorney requested that the Supreme Court of Justice of the Nation assume jurisdiction of the case. But he also appeared before the federal judge in Rawson: he challenged him without cause, requested his injunction and appealed for the Federal Court of Comodoro Rivadavia to revoke the decision. The appeal was requested with suspensive effect: that is, the State can stop the sending of co-participation funds.
The Federal Chamber of Comodoro Rivadavia stated that “competence” constitutes “the functional extension of jurisdictional power, and determines the limits within which the judge can exercise his duty/attribution with respect to a certain category of matters. “We will discard the procedural objection formulated by the Province in its answer, referring to the existence of two independent avenues urged by the Nation for the purposes of examining the question of jurisdiction, that is: the inhibitory proposal presented before the Supreme Court of Justice of the Nation – and which already has a Opinion from the Attorney General) – and, on the other hand, that the declaration of incompetence be filed by way of appeal before this Federal Court of Appeals.
“The examination of the controversy thus raised leads us, first of all, to note that the nature of the parties that are to intervene in the lawsuit persuades us – in principle – to admit the original jurisdiction of the Court, as it is a substantial part of this procedural relationship, a Province litigating against the National State,” he highlighted. And for this reason, it was emphasized, “the original knowledge and decision of the present case is reserved to the Court, consequently, the consideration of the grievances directed against the origin of the self-satisfactory measure issued by an incompetent judge, in accordance with the temperament adopted here.”
As they highlighted, “not only reasons of impartiality and institutional gravity justify that the constituent had attributed knowledge of certain matters to the Supreme Court of the Republic. Under these conditions, the examination of the regulatory complex described in the previous recitals, as well as the conduct that the Province reproaches the National State for, – including the consideration of the payment proposals that have been presented in the file – must be aired and resolved. in a framework of exceptionality and with the lowest degree of injury to equity in the face of a state of national and provincial emergency, in which the possibilities that the courts have to provide a satisfactory response to complex situations such as the one described here are limited and for the that -still- “No timely political response has been found.”.
Therefore, the ruling provides: “DECLARE THE INCOMPETENCE OF THE Federal Court of First Instance of Rawson no. 1 for the knowledge of proceedings, which must be processed in the original instance before the Supreme Court of Justice of the Nation” and “ORDER the immediate referral of the present proceedings, main file, its incidents and complaint appeal, to the Highest Court so that Within the framework of its jurisdiction, it learns about the appeal filed against the self-satisfactory precautionary measure that has been issued against the National State.”
