2024-01-05 03:20:00
Bernardo Borenholtz, lawyer
BUENOS AIRES
DNU 70/23 (ART 99 INC. 3, CN) as an administrative act first, and then legislative, was the bearer of an insurmountable double nullity: administrative and constitutional.
Regarding the administrative act, because it is a de facto means that conceals a manifest distortion of its purpose, among other causes through an ostensible misuse of power.
Regarding the constitutional act, for issuing an authorized legislative act supported by the fallacy of a “necessity and urgency” with respect to ALL of its vast content, a fallacy that is public and notorious.
Reconversion of its nature from dnu to simple decree
The aforementioned decree was converted into a simple decree (art. 99 inc.2) by art 654 of the Bill, as a subsequent administrative act – both sent to Congress – by which, with its dictation, the legal nature of the first was revoked. by the projected norm mentioned above with the unconcealable purpose of “ratifying” BY LAW “decree 70/23”; thus, such as its referral to the Permanent Commission for treatment first and then by both Chambers, independently, in an unconstitutional procedure regulated by Law 26,122 through which and once morest nature it can be ratified by the approval of one of them.
Other effects
The revocation of the legislative act implied implicitly recognizing its harmfulness in terms of the fallacious attempt of a non-existent “necessity and urgency” of ALL the normative provisions contained in the interruptus claim for infringement of art. 99 inc.2),CN; and, its capture as an attempt to consummate as an instigator the crime regulated by art. 29,CN and regulated by 227 of the Criminal Code, which establishes the following:
“Members of Congress who grant the National Executive Branch and members of the provincial legislatures who grant the provincial Governors extraordinary powers, the sum of the power, will be repressed with the penalties established in Article 215 for traitors to the country. public or submissions or supremacies, by which the life, honor or fortune of Argentines are at the mercy of some government or some person (article 29 of the National Constitution).
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