The federal court of Junín declared the unconstitutionality of decree 851/2021 in force as of January 1, 2022, which allowed the retention of the agricultural sector to be maintained.
The president of the Rural Society of Junín, George Moutus, reported to Infobae that “The Federal Court of Junín in charge of Héctor Plou has decided to declare the unconstitutionality of the provisions of Decree 851/2021 as of January 1, 2022, regulations that apply to the aliquots of export duties to the agricultural sector.”
The ruling, which Infobae accessed, indicates: “To make room for the amparo action promoted by Gustavo José Longinotti and Barbieri Hermanos SS, represented by Alejandro Agustín Barbieri, against the National State and the Federal Administration of Public Revenues -General Directorate of Customs-, declaring unconstitutional and, therefore, inapplicable to the sales operations that the actors carry out or have carried out after January 1, 2022, the provisions of Decree 851/2021, in accordance with the provisions of the preceding recitals, with costs (arts. 12, 14, ss and cc of Law 16,986; 68 and cc of the CPCCN)”.
The Federal Court of Junín declared the unconstitutionality of the provisions of Decree 851/2021 as of January 1, 2022, regulations that apply to the aliquots of export duties to the agricultural sector, reported the Rural de Junín
“Our thanks to Dr. Luis Panetta to Rural de Junín and to the agricultural producers who also presented themselves well as parties to the proposal made,” said the former president of Rural and one of the promoters of the measure, the lawyer Alexander Barbieri.
“Although we are facing a sentence that is not final, surely debatable in other judicial instances, it is good news in the search for other alternatives to defend the rights of the agricultural sector,” added Barbieri.
“The great novelty is that those who benefit from the sentence are the same agricultural producers since they themselves were recognized as legitimate to make the claim,” he said.
Barbieri also promoted similar measures by associations in the Arrecifes and Baradero fields.
As explained, the basis of the request is similar in all the presentations, as it is understood that there is no explicit delegation of powers from Congress to the Executive to establish Export Rights.
It should be remembered that the Emergency Law with which Congress granted extraordinary powers to the Executive Power to maintain the withholdings expired on December 31 last. Given that the Government sent the extension of the Emergency together with the Budget Law, but the initiative was rejected in Deputies by the divisions within the ruling bloc, the emergency was not extended.
Several opposition deputies expressed themselves in this same sense. Among them, Alexander Cacace indicated: “As of January 1, withholdings can only be established by Congress, by law. The decrees or resolutions of the Executive Branch regarding withholdings are unconstitutional.”
“All delegation must be done with a fixed term for its exercise, which the article of the Customs Code does not have either, and within the bases established by Congress. Already the 1853 Constitution, when forming the Treasury of the Nation, listed import and export duties among the contributions that only Congress can impose, honoring a founding principle of our constitutional democracies that there is no taxation without representation, there cannot be without this being approved by the representatives of the people. Lacking the most important elements of the tax, the Court determined that the article of the Customs Code is insufficient as a delegation and, therefore, the regulations issued under its protection are unconstitutional. This doctrine arises from the ruling “Camaronera Patagónica SA S/Amparo c/Ministerio de Economía de la Nación”, in 2014″.
your pair Eleanor Martinez Villada He indicated that “despite what is stipulated by our Magna Carta, until now the Executive Power makes use of legal tools that enable it to establish withholdings on grain exports. One of them, the Public Emergency Law passed in 2019, lost its validity on December 31, 2021.
“Withholdings are an indirect tax on foreign sales. For this reason, the Executive Power cannot fix them. To do so, a special, autonomous law is needed to create and set the withholdings. A law that clearly establishes the essential elements of said tax, making clear the taxable event, the subject that will be obliged to pay it, the rate, among others, ”he explained.