The magistrate concluded that the lawyer, who initiated the lawsuit by virtue of the provisions of articles 19 and 20 of law 26,122 on political control after the issuance of the DNU, lacked “legitimation” to formulate that claim against the national State.
Gil Domínguez promoted “self-satisfactory action” invoking his status as a “citizen” interested in legislative treatment “for rejection or approval” of the presidential rule issued on December 20 and which, after its publication in the Official Gazette, came into force on the 29th of that month.
The lawyer’s procedure stated that DNU 70/23 totally or partially repeals or modifies 81 laws that cover diverse matters such as “State reform, economic deregulation, work, foreign trade, bioeconomy, mining, energy, aviation, justice, civil and commercial code, health, communication, sports, societies” with a “total transformation of the regulatory system that regulates relations of people with the State and people with each other”.
The argument of Judge Alonso Reguera
Judge Enrique Alonso Reguera remarked that self-satisfactory actions “constitute remedies that should only be granted in exceptional cases, as involve the issuance of a non-provisional decision without the intervention of the opposing (party)“.
In this sense, The magistrate stressed that in these actions the “procedural legitimacy” must be analyzed of the person who sues, in the case of a contract there will be no “case or controversy” and national justice “does not proceed ex officio and only exercises jurisdiction in contentious cases in which it is requested” by the person who is a “party.”
On the other hand, he stated that Gil Domínguez did not provide arguments to deviate from the rulings in which the Supreme Court of Justice of the Nation decided that “the condition of a citizen does not confer sufficient legitimacy to come to the jurisdiction”, since he must demonstrate the existence of a “special interest” beyond the “general” or that has “direct” and “substantial” grievances.
2024-02-29 18:16:19
#Justice #rejected #lawyers #request #treatment #Javier #Mileis #mega #DNU
