Another blow for Xavier Miley: Justice suspends six articles of DNU Judge Liliana Rodriguez Fernandez’s decision

Labor Court judge Liliana Rodríguez Fernández declared six articles of the Decree of Necessity and Urgency (DNU) of economic control of the government of Javier Miley invalid. The judge “partially gave rise to the security action” of the General Confederation of Labor (CGT) against the national state, which today went on national strike against the DNU and the Basis Law project.

The articles declared invalid are 73, 79, 86, 87, 88 and 97. These are articles that regulate the payment of wages, overtime, collective labor agreements and the right to organize an assembly “without damaging the normal activities of the company or affecting third parties”. The impartial labor judge limited his decision to those articles of the DNU which, in his opinion, affect The interests of the CGT to “directly” affect workers’ collective rights.,

“Article 73, which modifies the conditions for maintaining union dues; Article 79, which establishes rules for collective bargaining; Article 86, which modifies the validity of mandatory clauses; Articles 87 and 88, which in turn incorporate Articles 20 bis and 20 ter in Law 23551; and Article 97, which regulates essential services in the framework of collective conflicts,” the judge summarized in his 10-page proposal.

“As I have argued on the occasion of analyzing the constitutionality of previous norms (among others, DNU 699/2019 and 761/2020, in which I ruled on their invalidity), a decisive objection will be given by the circumstance that Congress will act. And Congress is working on this issue,” he explained.

,Moreover, not only is it functioning, but it was the Executive Branch that included the issue of the ratification of DNU 70/2023 in the discussion of the extraordinary sessions. (See already mentioned Article 654 of the ‘Aadhaar…’ Bill). Although this argument is sufficient to invalidate the above criteria, it cannot be ignored that the need and urgency of the reform does not seem to be adequately justified,” the judge further said.

neither “By analyzing the correlation between the described (known to all) economic difficulties and the possibility of averting them with the set of rules contained in Title IV (anticipated need and urgency), He elaborated.

“The rules relating to the concept of ‘legal unemployment status’, the way in which pay receipts are prepared, or the amendments to the presumptions or the burden of proof have at first glance no impact on the macroeconomic problems that the decree itself invokes.” Is,” the judge said.

On that point, the judge clarified: “I make no value judgment on the ultimate necessity of any of the proposed reforms, but clearly the urgency applied in the case of all of them is not established.”

“I must repeat, to be precise about the foundation of this decision, that I am not analyzing here the economic or social convenience or inconvenience of the reform (an aspect in principle beyond judicial control), the advantages or disadvantages in employment levels. or in the promotion of the economy that might be derived from its approval, and even less so, including my own preferences, value judgments or personal norms in relation to all the rules involved,” the judge explained.

,“Despite any analysis of the regulatory content of DNU 70/2023, the constitutional requirements for such an instrument to be considered valid have not been met here.”he finished.