The government of the City of Buenos Aires is not resigned and will insist this Monday before the Supreme Court of Justice of the Nation to raise the unconstitutionality of the law that Congress sanctioned on December 10, with which they cut funds from the federal coparticipation, and which was enacted today in the Official bulletin.
Just as i had anticipated Infobae on Saturday, the Executive who leads Horacio Rodríguez Larreta will present a precautionary measure insisting on your claim before the highest court. “Faced with this new outrage against the autonomy of the City of Buenos Aires caused by the Law passed by Congress on December 10, the City Government has resolved to initiate a new judicial action to raise the unconstitutionality, as was done with the Decree 735/2020, whose protection is pending in the Supreme Court of Justice ”, argue from the Buenos Aires government through a statement.
And they expand: “The Law, by consolidating the reduction of the co-participation coefficient and establishing the transfer of an amount of only $ 24,500 million on account for the financing of non-federal internal security in the City of Buenos Aires, it further aggravates the situation and forces the City to adopt measures to partially and temporarily alleviate the under-financing produced by these measures.
Among the main reasons that the Buenos Aires president uses is that “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 CABA. And it undermines the autonomy of the CABA and unilaterally sets aside pre-existing agreements, which were consolidated and were being executed ”.
From the surroundings of Larreta they describe the damage that has been caused to the district since President Alberto Fernández signed a decree in September of this year that Congress later ratified with the enactment of a law: “The amount that is available to transfer as payment on account to finance security would only cover 27.9% of the total budget item and barely 40% of the projected personnel spending.”
“To demonstrate the magnitude of the dispossession, it should be noted that since the first reduction occurred as a result of Decree 735/2020 dated 9-10-2020, a clear antecedent to the law now questioned, the City of Buenos Aires has stopped perceiving in concept of coparticipation until December 10 the sum of $ 11,010,634,519. And the application of the law implies for the year 2021 a loss of $ 65,083,500,000 ″.
The fight for funds for the City comes from afar, since before the pandemic broke out in our country. But after a “truce” that lasted during the toughest months of the coronavirus, it worsened in September when President Alberto Fernández signed Decree 735. There, while the wage claims of the Buenos Aires police officers multiplied, the President decided that 150 million pesos a day were going to be taken from the City and that it would be allocated to the province of Buenos Aires directed by Axel Kiciloff.
The reduction of a little more than two points of the coparticipation went from 3.5% to 1.4% of the national budget. This means that the City of Buenos Aires, annually, will receive 62 billion pesos less. On September 18, Rodríguez Larreta, through the Attorney General of his district, presented an action of unconstitutionality, which included a precautionary one, before the Supreme Court of Justice of the Nation, with the aim of stopping this pruning of funds. On January 1, the Court will enter the judicial fair and has not yet ruled on this first request.
Alberto Fernández sent a bill to Congress a short time later to validate what he had stated in Decree 735. The Senate approved it on October 2 and just this month, on December 1, the Chamber of Deputies gave a modifications so it had to return to the Upper House for review. On December 10, the same day that the deputies gave a half sanction to the Voluntary Interruption of Pregnancy (IVE), the senators transformed it into law by 40 votes to 25. It was promulgated this Monday in the Official Gazette.
As stated in that law, the Nation will automatically stop sending the co-participation funds to the City so that it can meet the expenses for security. And in return, it establishes a fixed amount of 24 billion pesos per year that will be adjusted quarterly by an index: 80% due to the evolution of the police salary and 20% due to inflation in the district.
In this law the ruling party also included the opening of a negotiation period between the nation and the city for 60 days. But in the larretismo the proposal did not go down well at all because they consider that they are proposing an otherwise unfavorable area of discussion.
Ciudad’s reaction was immediate. In a sample of an adjustment greater than expected, in the approval of its budget for 2021 it promoted new taxes: it raised the rate of Gross Income charged to banks, eliminated the exemption of Gross Income on LELIQs and ordered that it be Charge 1.2% of expenses made with credit cards within your scope. In addition, it was announced that important public works such as the removal of the Devoto prison and the urbanization of the Hacienda Market property in Mataderos will be paralyzed.
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