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The Supreme Court of Justice declared itself incompetent in two cases involving the constitutional reform of the province of Jujuy, sanctioned in June of this year and which was resisted by Kirchnerism and the left with violent protests, considering that they do not correspond to its jurisdiction. original. In one of the cases, organizations such as the Center for Legal and Social Studies (CELS) directed by journalist K Horacio Verbitsky and Abogados del Noroeste Argentino en Derechos Humanos (Andhes), promoted a protection action so that Article 67 does not apply. , section 4, of the provincial Constitution reformed during the administration of the radical former governor Gerardo Morales.
This article refers to the rights of petition, protest Panama Phone Number List assembly, democratic coexistence and social peace. The aforementioned organizations considered that this norm "violated" several articles of the National Constitution and international treaties on human rights. In paragraph 3, the article states that "the State must guarantee, as a fundamental basis of peaceful democratic coexistence, that people exercise their rights without overwhelming the rights of others," and in the questioned paragraph, it prescribes that "the law »establish mechanisms to protect the right to social peace and peaceful democratic coexistence.
In a ruling, the acting Attorney General of the Nation, Eduardo Casal, indicated that the original jurisdiction should not judge cases linked to acts of provincial public powers. since this would imply an "inadmissible" subordination in favor of the national Government to the detriment of provincial autonomies. Under these conditions, given that Article 117 of the National Constitution exhaustively establishes the cases in which the Court will exercise its original and exclusive jurisdiction, not being able to extend it to unforeseen cases, the Attorney General declared that the process is outside the original instance of the Court.
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发表于 2024-2-14 16:25:30