Yesterday the national court of first instance of Labor declared the invalidity of six articles of the Decree of Necessity and Urgency of economic deregulation of the government of Javier Milei. The decision was adopted by the fair labor judge Liliana Rodríguez Fernández, who made “partially gives rise to the protection action” of the General Confederation of Labor (CGT) that yesterday there was a general strike with demonstrations throughout the country.
The judge decided to “declare the invalidity of the articles 73, 79, 86, 87, 88 and 97” of DNU 70/2023, although it clarified that “it will enjoy formal validity in the case of ratification by both Chambers within the period of the current extraordinary sessions, or its validity will cease by operation of law otherwise.”
The fair labor judge limited her decision to those articles of the DNU that, in her opinion, “directly” affect the interests of the CGT for affecting the collective rights of workers, as judicial sources explained to Télam.
The day before yesterday, the National Court of Appeals of the Federal Administrative Litigation jurisdiction had ratified that the protection of the General Confederation of Labor (CGT) against the DNU was going to continue being processed before the Labor Court, which until then issued at least six precautionary measures that suspended the effects of the labor chapter of that measure.
In a ruling signed on Tuesday, the National Court of Appeals for Federal Administrative Litigation defined that The competition problem raised by the Executive Branch had already been resolved in the case of the Civil Association Observatory of the Right to the City and that therefore it was appropriate to declare “formal inadmissibility.”
The appeals court intervened in the proceedings inhibitory posed by the National State against the first instance decision in which the cases linked to the labor chapter of the DNU were upheld should be processed before the national Labor justice system and not before the contentious administrative jurisdiction.
The State’s lawyers, led by the Treasury Attorney, former Supreme Court Minister Rodolfo Barra, claimed that “public law norms” should be applied in the process, while They maintained that the national Labor jurisdiction is “incompetent” since “the intervention of the National State necessarily implies the jurisdiction of the Federal Jurisdiction.”
Having raised the arguments of the Executive, and with the opinion of Attorney General Fabián Canda for the rejection, judges Sergio Fernández and Carlos Grecco today dismissed the appeal and confirmed the jurisdiction of the National Labor Justice in the protection granted to the CGT.
The CGT intends to declare the constitutional invalidity of DNU 70/2023 because, in his opinion, it violates the principle of division of powers and establishes a labor reform with “pejorative and permanent” modifications in the rights of workers and their union organizations, born from legal norms and guaranteed by international treaties and the Constitution itself. National.
After the deadline set by the judge had expired, and after analyzing the admissibility of the claim, the judge issued the ruling. A precautionary measure had already provisionally suspended the effects of the labor chapter of the DNU.