Bs. As., 20/3/97
VISTO Expediente N. 558-001266/96 of the registry of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
That the activity carried out by the companies providing public passenger transport services allows the transfer of the population between different points of the country, as well as within the different urban areas, thus fulfilling a true social function of which the community as a whole benefits, which has allowed it to qualify as an activity of public interest.
That under certain circumstances that intimate link with the satisfaction of the general interest, coupled with the provision of the service on a regular, compulsory, general, continuous and uniform basis, has led to characterize this activity as a public service.
It is up to the State to adequately regulate the various means of public transport in order to ensure the provision of these services, thus fulfilling one of its unfetterable functions.
That road traffic in general has undergone a significant quantitative increase, which, together with other factors, including those relating to inadequate road education, has resulted in a critical situation, which is extremely detrimental to the right to life and to the physical integrity of persons, and the high rates of sinisterness achieved are evidence of this.
That this situation has found special development in the large urban conglomerates, which is why it came at the time to the dictation of Law No. 24,319 that declared in a state of emergency the vehicle traffic in the City of Buenos Aires for the term of CIENTO OCHENTA ( 180) days. .
That it is not alien to that juncture the public transport of passengers, but, on the contrary, it is fully involved in the described context.
It is also noted that there is a significant increase in the initiation of judicial proceedings for damages caused by road traffic accidents, aggravated by the growing complexity of the case. This increase amounts to an annual VEINTE FOR SCIENTO (20 %), currently reaching a total of VEINTISIETE MIL (27,000) trials, which added to the extrajudicial claims of the sector, far exceeds the sum of PESOS SEISCIENTOS MILLONES ($ 600,000.000) without counting other contingent liabilities, which shows an increase in the lawsuits in the sector.
That high sinisterness, such as the increase in contentious activity, make only a few insurance companies operate in the sector.
That since 1991, because distortive aspects were corrected in the reassurance market, the insurance companies in the autotransport sector were in the situation of supporting the totality of the amounts set out in the judgements handed down against them, an aspect that the remaining liquidity to them for the negotiation of extrajudicial agreements, which would allow them a decrease in such sums.
That the current situation has then been reached, in which the insurance companies of the sector are not in a position to cope with the judicial debt produced, because they lack sufficient funds to do so.
That an emergency situation has thus been set up in relation to the insurance activity of the public transport of passengers, to the situation of the companies providing the service, that if urgent measures are not taken to reverse it, will directly affect the provision of the public transport of passengers, with the very serious socio-economic damages that this obviously implies.
That you should not lose sight of it, that through this medium you travel daily around NUEVE MILLONES (9,000.000) of people throughout the country, to fulfill your daily tasks without having alternative means of transport to carry out those transfers.
At the same time, this commercial activity is a source of work for some CIEN MIL (100.000) people, who, if the crisis is extended, would seriously jeopardize the continuity of their jobs with the consequent detriment that this would bring to them and their family groups.
As a result, the drastic situation in which the public passenger self-porting insurance companies are going through requires the declaration of the emergency of that sector and the consequent implementation of a regime of enforceability of convictions that allow, on the one hand, to respect the acquired rights of the victims and, on the other hand, to avoid the crisis of the public transport network, in order to safeguard the public interest involved in the matter.
It should be recalled that sectoral emergencies are not a matter of relevance to the reality or Argentine law.
That already in 1934, in the case of "Avico c/ de la Pesa" resolved by the SUPREMA COURT OF JUSTICE From the NATION, with the application of the US precedent "Home Building vs. Blaisdell", the four requirements that must be met by an emergency law were established so that its sanction is justified: ".. 1) that there is an emergency situation that imposes on the State the duty to protect the vital interests of the community. 2nd) that the law has as a legitimate purpose, to protect the general interests of the reasonable and non-limited society.
That under the power of emergency police that lucidly came to the SUPREME COURT of NATION JUSTICE, as a response, within the NATIONAL CONSTITUTION, to the need to protect the vital interests of the community in the face of specific economic crises, it was possible to conceive the emergency as an extraordinary situation that requires. correlatively, extraordinary remedies, not creating new powers but intensifying existing ones.
That in this understanding and in order to conjure up the state of emergency, the figure of the regulations of necessity and urgency was also used, by which the NATIONAL EXECUTIVE POWER exercises materially legislative functions that fall originally and normally to the HONORABLE CONGRESS of the NATION, as has happened on the occasion of the promulgation of Decree No. 2196 of 28 November 1986, through which the national emergency was declared
That in the exercise of the emergency police power it is possible, in situations such as that described in respect of the insurance sector of the public transport of passengers and of the situation of the lending companies, as repeatedly stated by the COURT OF JUSTICE OF THE NATION, temporarily suspend the effects of the rights acquired by a firm sentence, in a reasonable manner, so that its substance is not altered, in order to protect the public interest committed (Fallos: 313:1513. Considering 43: 269 414, Considering 5; 172:21; 238:76; 243:449; 243:467; 244: 11 and 244: 112).
That is why, through the present, a system of payment in monthly, equal and consequent fees of the amount resulting from the debt established judicially on the understanding that this payment procedure does not constitute a violation of Article 17 of the NATIONAL CONSTITUTION, as long as there is no deprivation of the legitimately recognized property benefits or denying their property; but only, for reasons of emergency, is deferred to convert the limits within
It is also necessary to establish that, as long as the emergency state lasts, the enforcement measures against the beneficiaries of the regime instituted by the present regime will be discontinued. cannot be pronounced against such acts of equal nature or precautionary measures that affect their financial development and/or the provision of the public service in question.
At the same time, it is necessary to instruct the SECRETARIAT OF PUBLIC ARTWS AND TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, in order to develop the necessary measures for the formation and dissemination of road education, as well as to carry out a reordering of the existing legal norms, which allow for easier knowledge of them.
That according to the situation described above, the risk that the normal development of the self-transportation service is affected, with the consequent damages to the general public, which determines urgent action, given that the need to protect the general interest so requires.
That in this respect and in accordance with the provisions set out in article 99, paragraph (3), the third paragraph of the NATIONAL CONSTITUTION, it is of the case to emphasize that the measure currently being implemented, in addition to responding to the exceptional circumstances described above, is not susceptible to awaiting the ordinary procedures provided by it for the formation and sanction of the laws by the HONORABLE CONGRESS of the compromised urgency, insofar as the case does not tolerate the delay.
At the same time, the National Executive will forward to the HONORABLE CONGRESS OF THE NATION a bill to limit the scope of the contractual and extra-contractual civil liability derived from damage to persons and things, caused by vehicles affected to the public transport of passengers on the occasion of the provision of that service, in order to establish a legal framework to achieve a comprehensive solution to the aforementioned problem.
That the present act is in exercise of the powers conferred by article 99, paragraph (3) of the NATIONAL CONSTITUTION,
THE PRESIDENT OF THE ARGENTINA NATION
GENERAL AGREEMENT OF MINISTERS
DECRETAArticle 1 Determine yourself in a state of emergency by the time limit of TREINTA Y SEIS (36) months counted from the publication of this decree, the insurance activity of the public transport of passengers and the situation of the companies providing that service, with the scope and conditions determined here.
The defendants and the obligation to pay may avail themselves of the benefits set out in the following article within the prescribed time limit. The latter, without the fact that they have made the request, shall apply in this respect the provisions contained in the convictions.Art. 2°-The obligations to give sums of money resulting from signed judgements issued prior to the date of entry into force of this decree and of those issued during the time of the emergency set out in Article 1 of the present, shall be paid in accordance with the purpose of the determination of the damages produced by affected vehicles and on the occasion of the presentation of the public transport of passengers, in accordance with the decree issued in SESENTA (60 monthly instalments)
In the event that the resulting monthly rate was lower than UN MIL ($ 1,000), the total number of assessed contributions should be reduced to that value.Art. 3° - The costs and other accessories of the sentence imposed in the sentences covered by the preceding article shall, in proportion, continue to be the enforceability of the main sentence with the exception of the rate of justice to be governed by the relevant laws.
In this case, the respective quota may not be less than the sum of CIEN PESOS ($ 100)Art. 4°- Please note that, as long as the state of emergency lasts, any enforcement action against the beneficiaries of this regime shall be terminated, unless they do not comply with the guidelines set out in Article 2. In addition, during that period, acts of the same nature or precautionary measures that affect their financial development and/or the provision of the public service in question cannot be ruled against. Art. 5°-Instruct the SECRETARIAT OF PUBLIC AND TRANSPORTS MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, in order to ensure that within the time limit OCHENTA (180) days from the publication of the present decree, arrange the measures, conclude agreements and remove the relevant projects, with a view to:
(a) Develop mandatory road education programs and courses for drivers of means of self-transportation and outreach campaigns, for the same purpose for the general public.
(b) Decrease drastically the sinisterness in the field of transport.
(c) Contribute to environmental improvement.
(d) Develop a digest and ordained texts of the rules that regulate passenger transport.Art. 6°- This decree of necessity and urgency shall enter into force on the day of its publication in the Official Gazette. Art. 7o- Note the HONORABLE CONGRESS OF NATION, pursuant to article 99, paragraph 3 of the NATIONAL CONSTITUTION. Art. 8°- Contact, post, give to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez- Roque B. Fernández-Jorge Domínguez-José A. Caro Figueroa-Alberto J. Mazza-Susana B. Decibe-Elías Jassan-Carlos V. Corach.