VETO

Decree 2145/94

See the Bill of Law sanctioned under No. 24,404.

Bs. As., 5/12/94

VISTO Draft Law No. 24,404 sanctioned by the Honorable Congress of the Nation dated 9 November 1994 and

CONSIDERING:

That the Bill in question encourages the amendment of article 58 of Law No. 24,051, of Dangerous Wastes, providing that it shall be competent to know the criminal actions arising from that law, Federal, National or Provincial Justice, according to which things or persons fall under their respective jurisdictions.

That the scope of application of the law referred to in the previous consideration, as defined in article 1 thereof, refers, in all cases, to conducts whose effects transcend or may transcend the mere local order, either because they affect or may affect the interests of the entire national community, either because it is not possible to determine precisely how many provinces were affected or may be affected by the wrongful act and, consequently, what would be applicable to the procedural rules.

That these circumstances also preclude the acts sanctioned by Act No. 24,051 to other offences whose effects occur only in a province, for which, therefore, there are no doubts about the jurisdiction concerned.

That, therefore, in the case of a law that is called to be applied only to facts with federal significance, there are no grounds for the promulgation of the project referred to in the Hittite.

Nor can there be any justification for this in article 41, third paragraph, of the National Constitution, since the requirement that national regulations containing the minimum environmental protection budgets do not alter local jurisdictions, is not incompatible with the validity of those that are only called to regulate conduct that affect or may affect the interests of which the Federal Government is preserved, nor with the judgeship of such conduct by the national judges.

According to the above, it is appropriate to fully veto Bill No. 24,404.

That the present measure is determined in the use of the powers conferred by article 83 of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - See the Bill of Law sanctioned under No. 24,404.

Art. 2° - Return to the HONORABLE CONGRESS of NATION the Bill of Law cited in the previous article.

Art. 3° - Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Rodolfo C. Barra.