JUSTICE

Law 26,853

Create Federal Cassation Cameras. Sanctioned: April 24, 2013 Enacted: May 9, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-Create the Federal Chamber of Cassation in the Federal Administrative Board, the Federal and National Chamber of Labor and Social Security, and the Federal and National Chamber of Cassation in Civil and Commercial, all with headquarters in the Federal Capital, which shall be governed in accordance with the organization and powers laid down in this Law.

Article 2 °-The Federal House of Cassation in the Contentious Federal Administrative Department will know the appeals, unconstitutionality, and review against the sentences handed down by the National Appeals Chamber in the Contentious Federal Administrative and by the other Federal Chambers of Appeal of the country in federal-administrative administrative cases.

ARTICLE 3-The Federal and National House of Labor and Social Security will know the appeals, unconstitutionality, and review filed against the sentences handed down by the National Chamber of Labor Appeals and the Federal House of Appeals for Social Security.

Article 4 °-The Federal and National Chamber of Cassation in Civil and Commercial will know the appeals, unconstitutionality and review filed against the sentences handed down by the Federal Chambers and the National Appeals Court in the Civil and Commercial Federal, the National Chamber of Appeals in the Civil and the National Chamber of Appeals in the Commercial.

ARTICLE 5-The Chambers created by this law are integrated with seven (7) members and will be divided into two (2) chambers of three (3) members. The chair of the tribunal shall be exercised by the remaining member. The Chambers of the Federal and National Chamber of Labor and Social Security will distribute their functions according to the matter concerning the right to work or to the right of social security.

ARTICLE 6-Creanse, in each of the Chambers of Cassation instituted by this law, seven (7) charges of Judge of the House of Cassation, one (1) post of Secretary General, two (2) counts of Secretary of the House, four (4) counts of Camera and staff charges

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the administrative and the services detailed in Annex I of the present.

ARTICLE 7 °-The members of the Chambers created by this law shall be appointed in accordance with the provisions of the legislation in force in this field. In cases where it is necessary, short procedures may be established for the appointment of judges for the purpose of giving greater speed to the processing of the causes. Until the Chambers of Cassation created by Article 1 of this Law are composed in accordance with this Article, they shall be composed of subrogative judges or judges to initiate their operation.

ARTICLE 8 °-The members of the Chambers referred to in this law shall appoint their President, who shall have a term of office for a period of two (2) years.

ARTICLE 9 °-The decisions of the Chambers created by this law shall be adopted by the vote of the absolute majority of the judges who make up the Chamber.

ARTICLE 10. -Create one (1) position of Attorney General before the Federal Chamber of Cassation in the Federal Administrative Court, one (1) position of Attorney General before the Federal and National Chamber of Cassation in the Civil and Commercial, one (1) position of Attorney General Before the Federal and National Chamber of Labor and Social Security, one (1) position of Public Defender before the Federal Chamber of Cassation in the Federal Administrative Court, one (1) post of Public Defender of Minors and Incapable The Federal Chamber of Cassation in the Federal Administrative Court, one (1) post of Ombudsman Official public before the Federal and National Chamber of Cassation in the Civil and Commercial, one (1) post of Public Defender of Minors and Inable before the Federal and National Chamber of Cassation in the Civil and Commercial, one (1) office of Public Defender before the Federal and National Chamber of Labor and Social Security, and one (1) post of Public Defender of Minors and Incapable before the Federal and National Chamber of Labor and Social Security, and other personnel and the service referred to in Annex II to this Regulation. For the purposes of law 24,946, the magistrates of the Public Ministry who perform before the Federal Chambers of Cassation shall be understood to be understood in all the provisions of the same referred to the representatives of the Ministry Public before Collegiate Courts of Cassation.

ARTICLE 11. -Replace articles 288 to 301 of Section 8 of the Chapter corresponding to Title IV of the First Book of the Code of the Civil and Commercial Code of the Nation for the following: Section 8-Resources of Cassation, of Inconstitutionality and of Review. Appeal for Cassation.

Article 288: The final, or comparable, judgments handed down by the Chamber of Appeal shall be subject to an appeal. The appeal shall be admissible against decisions which decide to suspend the effects of State acts or other protective measures against any public authority and against decisions which formally declare inadmissible the Administrative-administrative dispute.

Article 289: The appeal may be found in any of these grounds: 1. Failure or misapplication or interpretation of the substantive law. 2. Breach of essential procedural forms.

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3. Unification of the doctrine when, by reason of the facts, fundamentals and pretensions substantially equal, it has come to different pronouncements. 4. Arbitrariness.

Article 290: The appeal must be filed in writing, founded on the grounds provided for in the preceding article, before the court which issued the decision which motivates it, within the period of 10 (10) days from the date of the notification of the same. The letter shall state in particular the causal link on which the appeal is based. Regulatory forecasts that are deemed to be violated, inapplied or wrongly interpreted shall be cited and shall be expressed as the application or interpretation deemed appropriate. If the appeal is brought forward, the parties concerned shall be transferred for 10 (10) days, either by notifying them personally or by means of a transfer. The court of the case shall decide on the admissibility of the action, or the time limit for doing so shall be expired. If you grant it, upon personal notification or by way of your decision, you must forward the proceedings to the respective Chamber of Cassation within five (5) days of the last notification. If the court of the case has its seat outside the Federal Capital, the referral shall be effected by post, at the expense of the appellant. The party which has not established its domicile in the Federal Capital shall be notified of the provisions of the Federal Chamber of Cassation in question, by the Ministry of Law. The grant of the appeal suspends the execution of the judgment.

Article 291: The file in the appropriate Chamber of Cassation, after having been given to the Public Ministry for ten (10) days, will be given the providence of cars, which will be notified at the address constituted by the interested parties. The other providences shall be notified by law ministry, in so far as it does not require notification by means of the provisions of this Code.

Article 292: If the court is to refuse the appeal, the party deemed to be aggrieved may directly appeal to the relevant House of Cassation, asking that the appeal be granted and the referral of the appeal be ordered. file. The complaint shall be processed in accordance with Articles 282 and following.

Article 293: The judgments of the House of Cassation shall be delivered in the eighties (80) days, counted from the car call. This period may be halved if the issue is objectively urgent. After the end of the term, the parties may soon request dispatch and the court must resolve within ten (10) days.

Article 294: If the contested judgment or judgment has not been observed by the substantive law or has been wrongly applied or interpreted or has been wronged, the court shall marry and settle the case in accordance with the law and the law. a doctrine whose application declares. If there is a failure to comply with the essential procedural forms, the House of Cassation shall cancel the proceedings and forward the proceedings to the court corresponding to its substance. Recourse to Inconstitutionality.

Article 295: The appeal of unconstitutionality may be brought against the judgments and resolutions referred to in Article 288 in the following cases: 1. Where the constitutionality of a law or regulation has been challenged statuesque

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The Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held a 2. When in the process the interpretation of any clause of the National Constitution has been put into question and the decision has been contrary to the validity of the title, right, guarantee or exemption that is matter of the case and that it is founded in that clause.

Article 296: The application of unconstitutionality shall be substantiated in accordance with the provisions of Articles 290, 291, 292 and 293. In ruling on the appeal, the Chamber of Cassation intervenes shall declare, for that matter, the constitutionality or unconstitutionality of the contested provision and shall confirm or revoke the appeal. Review Facility.

Article 297: The review appeal shall proceed against the judgments and decisions referred to in Article 288, where they have been established, if the judgment has been pronounced as a result of prevaricate, violence or other fraudulent machinery whose existence has been declared in subsequent irrevocable failure.

Article 298: The review appeal shall be filed in writing, founded in accordance with the grounds provided for in Article 297, before the appropriate Chamber of Cassation, within the period of 30 days from the date on which it was established. was aware of the fact or since the irrevocable subsequent ruling was met. In no case shall the last resort be admitted three (3) years from the date of the final judgment. In the cases provided for in Article 297, a copy of the relevant judgment shall be accompanied.

Article 299: The admission of the review appeal has no suspensory effect, however, at the request of the appellant, and in consideration of the circumstances of the case, the Chamber of the intervener may order the suspension of the execution, The Court of Justice has held that the Court is sufficient to answer for the costs and for the damages which may be caused to the applicant if the appeal is rejected. The offer of caution shall be given to the counterparty.

Article 300: In ruling on the appeal, the Chamber of the intervener may annul the judgment under appeal, referring to a new judgment where the case so requires, or by giving the final judgment directly.

Article 301: The review facility shall be substantiated in accordance with Articles 290, 291 and 293, in any case which does not conflict with the rules laid down in Articles 298, 299 and 300.

ARTICLE 12. -Repeal articles 302 and 303 of the Civil and Commercial Code of the Nation.

ARTICLE 13. -Replace Article 21 of Decree Law 1285/58 and its amendments, by the following:

Article 21: The Supreme Court of Justice of the Nation shall be composed of five (5) judges. Before it, the Attorney General of the Nation and the Attorney Attorneys will act before the Supreme Court of Justice of the Nation and the Attorney General of the Nation and the Official Defenders before the Supreme Court of Justice of the Nation in the of Law 24,946 and other supplementary legislation.

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ARTICLE 14. -Replace Article 32 of Decree-Law 1285/58 and Amending, by the following:

Article 32: The national courts of the Federal Capital shall be composed of: 1. Federal Chamber of Criminal Cassation. 2. Federal House of Cassation in the Federal Administrative Court. 3. Federal and National Chamber of Labor and Social Security. 4. Federal and National Chamber of Cassation in the Civil and Commercial. 5. National Chamber of Cassation in the Criminal and Correctional of the Federal Capital. 6. National Court of Appeals of the Federal Capital: (a) Civil and Commercial Federal; (b) Federal Administrative Board; (c) Federal Criminal and Criminal; (d) Civil; (e) Commercial; (f) Labor; (g) Criminal and (h) Federal Social Security; (i) Electoral; (j) In the Economic Criminal Court. 7. Oral Courts: (a) Criminal; (b) Economic Criminal; (c) Children; (d) Federal Criminal Court. 8. National Court of First Instance: (a) Civil and Commercial Federal; (b) In the Federal Administrative Court; (c) Federal Criminal and Criminal; (d) Civil; (e) Commercial; (f) Criminal Instruction; (g) (i) In The Economic Criminal; (j) Of The Work; (k) Criminal Enforcement; (l) In the Criminal Court; (m) Federal Courts of First Instance of Social Security; (n) Federal Courts of First Instance of Executive Tax Prosecutors; or) In the Tax Penal.

ARTICLE 15. -This law shall enter into force from its publication. Once the Chambers and Chambers created by the present are formed, it will apply to all trials, even those that are in the process.

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ARTICLE 16. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-FOUR DAYS OF THE MONTH OF APRIL OF THE YEAR TWO THOUSAND THIRTEEN.

-REGISTERED UNDER NO 26,853-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

ANNEX I I. Federal Chamber of Cassation in the Federal Administrative Board

II. Federal and National Chamber of Work and Social Security

ADMINISTRATIVE STAFF

Administrative Secretary 4

Superior Officer 4

Superior Auxiliary (Rapporteur) 9

Superior Auxiliary of 6a. 4

Principal Auxiliary of 5a. 4

SERVICE STAFF

Principal Auxiliary of 7a. 7

TOTAL 32

ADMINISTRATIVE STAFF

Administrative Secretary 4

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III. Federal and National Chamber of Cassation in the Civil and Commercial

Superior Officer 4

Superior Auxiliary (Rapporteur) 9

Superior Auxiliary of 6a. 4

Principal Auxiliary of 5a. 4

SERVICE STAFF

Principal Auxiliary of 7a. 7

TOTAL 32

ADMINISTRATIVE STAFF

Administrative Secretary 4

Superior Officer 4

Superior Auxiliary (Rapporteur) 9

Superior Auxiliary of 6a. 4

Principal Auxiliary of 5a. 4

SERVICE STAFF

Principal Auxiliary of 7a. 7

TOTAL 32

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ANNEX II Official Public Defender before the Federal Chamber of the Federal Administrative Board

Public Defender of Minors and Incapable of the Federal Chamber in the Administrative Contentious

Federal

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

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Attorney General to the Federal Chamber of the Federal Administrative Board

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

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Official Public Defender before the Federal and National Chamber in the Civil and Commercial

Public Defender of Minors and Incapable in the Federal and National Chamber in the Civil and Commercial

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

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Attorney General before the Federal and National Chamber in the Civil and Commercial

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

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Official Public Defender before the Federal and National House of Labor and Security

Social

Public Defender of Minors and Incapable to the Federal and National Chamber of Labor and

of Social Security

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

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Attorney General before the Federal and National Chamber of Labor and Social Security

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

Assistant 1

TOTAL 13

ADMINISTRATIVE TECHNICAL STAFF

House Secretary 2

Administrative Secretary 2

Head of Dispatch 2

Officer 2

Write 2

Auxiliary 2

STAFF OF ANCILLARY SERVICES

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Date of publication: 17/05/2013

Assistant 1

TOTAL 13

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