Justice ruled in favor of the municipality of Moreno for the collection of fees for public services

Another municipality in the province of Buenos Aires won a ruling in its favor from the federal court system to continue collecting taxes on utility bills. something that is a national government resolution Javier Milea was forbidden. The resolution was in favor of the municipality of Moreno, which joins Pilar.

Both suburban districts filed defenses to claim the unconstitutionality of Resolution 267 of the nation’s Secretariat of Commerce and Industry, which depends on the Ministry of Economy in charge of Luis Caputoand obtained preventive measures that suspended – only for their municipalities – the validity of the rule.

Last week it was Pilar and now Moreno’s case is known. Both orders were issued by a federal judge Adrián González Charvay. The magistrate is the president of the federal court in Campana, under whose jurisdiction Pilar falls, and to this day he replaces the federal court in Moreno, so he was in charge of the case there.

“Given the serious and objectively inescapable circumstances that characterize the current amparo action, which, if no action is taken, would mean serious harm to the plaintiff municipality”the judge said to accept Moreno’s preliminary injunction.

The resolution of the national government stipulated that the municipalities could no longer collect taxes from public utility bills and that they should start doing so on their own and differentiated. The government gave Milea a period of 30 days to adapt to the norm.

Municipality of Moreno, trustee Mariel Fernandezfiled an amparo. He argued that the common collection is supported by a provincial law and ordinance and that the government action affects municipal self-government, which is protected by the Constitution of the Province of Buenos Aires. In his speech, he insisted on the government’s resolution “It violates the property right of the municipality, it violates its autonomy with respect to the power of assembly protected by the local regulations that enacted it.”

He therefore requested the unconstitutionality of the norm and, as a preliminary measure, to suspend the validity of the resolution. In particular, he requested to be able to continue to charge the general service rate on the account of Edenor SA and the supervision, control and development rate of the natural gas company Naturgy BAN SA, because otherwise it would affect its income and the services it provides. fee from this income.

The same arguments were made Federico Achavalthe mayor of the city of Pilar, in his presentation.

In his ruling, Judge González Charvay recalled that ““The Constitution of the Province of Buenos Aires authorizes the municipalities to issue ordinances and regulations within the powers vested in them and to vote annually on their budget and the resources for its payment.”

In accordance with the arguments of the municipality, the municipality explained that what is collected from the collection of fees is used “for the maintenance and upkeep of public lighting and electrical services provided to various municipal institutions and buildings, as well as for the costs of inspections carried out on the circulation and collection networks of the underground gas, the maintenance and good condition of which is absolutely necessary with regard to their danger. So change your payment method “It would affect the operation of various city services, buildings and institutions that are supported by them.”

For the judge, two prerequisites for a preliminary measure are met in the case: the credibility of the law and the danger of delay. He thought about it “are sufficiently fulfilled” and that it is an urgent case because of the “serious and objectively urgent circumstances that characterize the pending amparo action, which, if no action is taken, would cause serious harm to the plaintiff municipality.”

Along with the preliminary injunction, the municipality asked the national government to submit a report that would respond to the municipality’s request. It will then be able to decide whether the resolution will stand and decide whether to declare the government’s measures unconstitutional.