2023-12-23 00:59:13
This Friday night, the judicial resolution was announced that rejects the request for protection action requested by several people to annul the agreement between the CALF electricity cooperative and the municipality of Neuquén to enable the collection of several items that will increase the invoices from January 2024.
The request had been raised by the leader of the leftist party Priscila Otton and other neighbors and had the sponsorship of the lawyer Gisella Moreira.
The document that sought judicial approval also required an innovative precautionary measure to order the suspension of the agreement between the distributor and the city government which was later converted into an ordinance.
Within the foundations raised by Moreira were articles 42 and 43 of the National Constitution; 59 of the Provincial, National Law 16,986 and Provincial Law 1981, the Pact of San José de Costa Rica (art. 23.1), among other jurisprudence.
Previously, an amparo action filed by the Mr. Ombudsman once morest CALF and the Municipality of Neuquén had also been denied.
They reject another amparo action that sought to annul the CALF rate in Neuquén: the judge’s arguments
The Subrogating Judge, Hugo Daniel Ferreyra, was the one who determined the denial of the actions requested by Moreira and his clients. Among his arguments, the lawyer stated that the amparo route “It is not suitable to question the administrative act emanating from the public authority, under the terms of art. 3, point 3.1».
Along the same lines, he clarified that “what this protection tries to do is guarantee, quickly and effectively, constitutional rights under the consequent condition that the act to which the transgression is attributed externalizes arbitrariness or illegality that are manifest. Now, when this is not evident – as is the case in this case – the essential assumptions for
“the chosen route proceeds, since manifest illegality or arbitrariness is not clearly observed.”
Ferreyra also maintained that «in the local procedural system there are ordinary procedural channels to channel the proposals made by the administeredwhen they consider that their rights are violated in the face of acts or omissions of the public authority and that, by rule of Law 2979, they are left in charge of the contentious administrative judges, through the process regulated by Law 1305, which provides for a broad list of precautionary measures in favor of those administered, this being the ideal way to channel the controversy that is postulated here and that allows guaranteeing the fullness of the defense of the parties involved.
The Judge also considered that the underlying situation raised “requires further debate and testing” where they can express their position “all parties involved in the conflict, since the claim filed can have adequate protection through ordinary means.”
“Consequently, the issue raised here requires another type of process with extensive debate and evidence,” Ferreyra explained in the judicial resolution.
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