MercoPress. South Atlantic News Agency

Argentina's Supreme Court to review Milei's decree in February

DNU 70/2023 “causes irreparable damage to the citizenry for being contrary to” several articles of the Constitution, Quintela argued

Argentina's Supreme Court (CSJN) Friday agreed to review the constitutionality of President Javier Milei's recent emergency decree (DNU) deregulating most of the country's economy but announced it will not happen until after the Jan. 2024 Judiciary recess

The decision was taken in a case filed by La Rioja Governor Ricardo Quintela who challenged many items of the norm already in force nationwide pending further Congressional approval in addition to its possible suppression by the courts.

Quintela retained former Supreme Court Justice Eugenio Raúl Zaffaroni among the counselors presenting his case against DNU 70/2023.

Before the CSJN can examine the file, acting Attorney General Eduardo Casal needs to issue an opinion on whether or not the Court is competent to deal with the matter and then whether or not the DNU is constitutional. However, his opinion is not binding.

Today ”I instructed attorneys E. Raúl Zaffaroni and Raúl Gustavo Ferreyra to file before the Supreme Court of Justice of the Nation a declaratory action of certainty claiming the declaration of unconstitutionality of Decree No. 70/2023 for reasons of necessity and urgency, which causes irreparable damage to the citizenry for being contrary to Articles 1, 5, 14, 14 bis, 17, 19, 28, 29, 31, 36, 75, 99, 121 and subsequent articles of the Federal Constitution and Article 26 of the American Convention on Human Rights (ACHR),“ Quintela explained on X.

In addition, ”a precautionary measure has been requested to order the total suspension of the effects of Decree No. 70/2023 and to order the Executive Branch not to apply any of its provisions until the final resolution of the case,“ he also noted.

”With the enforcement of DNU No. 70/2023, federalism and the institutionality of our republic are seriously damaged, and the whole of the Argentine society is placed in a state of vulnerability in its labor, social, economic, and cultural rights. Therefore, this claim, which I make on behalf of my province, seeks in the Judiciary of the Nation a pronouncement that guarantees the validity of the rule of law and consolidates the values of our Democracy,” the Governor of La Rioja went on.