A judge from Mercedes, province of Buenos Aires, issued a precautionary measure that suspends the part of DNU 70/23 that authorized clubs to become sports corporations (SAD).
“Grant the precautionary measure requested by the Jumping Soccer League Civil Association, after a sworn bond, ordering the National State to suspend articles 335° and 345° of the Decree of Necessity and Urgency No. 70/2023,” it resolved. federal judge Elpidio Portocarrero Tezanos Pinto.
The measure will governuntil the final sentence is handed downcommunicating the resolution hereby through the Head of the Cabinet of Ministers of the Presidency of the Nation,” adds the operative part.
Who promoted the action against the SAD
The judge accepted the claim by Alejandro Higa, leader of the Salto Soccer League Civil Association, who had promoted “a declaratory action of certainty of unconstitutionality against the National State in order to decree the unconstitutionality of articles 335 and 345 of the Decree of Necessity and Urgency.”
Those articles stated that “any right of a sports organization may not be prevented, hindered, deprived or undermined.”including your right to join a confederation, federation, association, league or union, based on its legal form, if it is recognized in this law and complementary regulations.
In addition, it determined a transitional clause according to which “sports associations, federations and confederations will have one year, counted from the regulation of the present, to modify its statutes in order to adapt to the terms provided by it, which must be applied without prejudice to compliance with pre-existing mandates.”
“The modification that is being promoted (obligation to include a corporate form that is currently prohibited) It is urgent to be suspended, since the damage caused would be irreparable. due to the passage of time since the beginning of this action and the final sentence,” the judge said.
“Therefore, to ensure the practical effectiveness of the final decision, I can have as accredited the assumptions of admissibility of the precautionary remedy“, without prejudice to what the evidence may prove during the course of the process,” he summarized when suspending that chapter of the decree.