The head of the Buenos Aires government, Horacio Rodríguez Larreta, hardens his battle in the courts against the national government. In the next few hours, he will file a new lawsuit with the Supreme Court. This time, to declare unconstitutional the law that last December 10, at the request of Kirchnerism, reduced co-participation funds to the City.
According to the calculations of the Buenos Aires government, the entry into force of the new law will imply for the management of Larreta a loss of more than 65,000 million pesos in next year’s City budget.
Although the law was approved on December 10, the Buenos Aires government plans to make its presentation on Monday morning because that will be when the law is actually enacted. This is so because by then the ten business days will have elapsed since its sanction, without Fernández having enacted or vetoed it, they explain in the City.
This new presentation, officially announced yesterday, will be added to Larreta’s lawsuit of last September 18, which consisted of an amparo action that included a precautionary measure. He sought to roll back the effect of a decree of Alberto Fernandez that he had arranged the discount of 150 million pesos from coparticipation newspapers to pay an increase to the Buenos Aires police that had gone on strike. The Court has not yet ruled.
On December 10, the ruling party and its provincial allies signed the cut into law. “Faced with this new outrage against the autonomy of the city of Buenos Aires, the city government has resolved to initiate a new legal action to raise the unconstitutionality, as was done with decree 735/2020, whose protection is pending in the Supreme Court of Justice, “announced the Buenos Aires government.
The challenged law reversed the agreement between Larreta and Mauricio Macri, that in 2016, when he was President, he increased the co-participation that the City received to finance the transfer of powers and services from the Federal Police to the Capital. In its replacement, Kirchnerism established an initial fixed sum of $ 24,500 million, in twelve monthly installments, which will be determined every year in the national budget and which will be updated by a coefficient related to the salary of a Federal Police officer.
“The law violates constitutional principles and guarantees, in open violation of the federalism of concertation that should prevail in relations between the National State, the provinces and the Autonomous City of Buenos Aires,” says the statement from the Buenos Aires government. In addition – it says – the law “threatens the autonomy of the CABA and unilaterally sets aside pre-existing agreements, which were consolidated and were being executed.”
According to Larreta’s management, the amount that is available to be transferred as payment on account to finance security “would only cover 27.9% of the total item in the budget and barely 40% of the projected personnel expenditure.”
The cutout numbers
The Buenos Aires government maintained that “the magnitude of the dispossession” is such that since the first reduction occurred as a result of Fernández’s September decree, the City stopped receiving $ 11,010,634,519 as co-participation until December 10.
Larreta’s calculation is that next year, if the Supreme Court does not reverse the situation, $ 65,083,500,000 less will enter the Buenos Aires coffers.
According to the criteria of