NATIONAL STATE

Law 26,854

Precautionary measures in the causes in which it is part or intervenes. Processes excluded. Sanctioned: April 24, 2013 Enacted: April 29, 2013

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

TITLE I

Of the precautionary measures in the causes in which the national State is part or intervenes

ARTICLE 1-Scope of Application. The precautionary claims against any action or omission of the national State or its decentralized entities, or requested by them, are governed by the provisions of this law.

ARTICLE 2-Precautionary measures handed down by an incompetent judge. 1. At the time of the decision on the precautionary measure requested, the judge shall issue an order on his jurisdiction if he has not done so before. Judges shall refrain from imposing precautionary measures when the knowledge of the case is not of their competence. 2. The precautionary providence against the national state and its decentralized entities by an incompetent judge or tribunal shall only be effective when it is a socially vulnerable sector accredited in the process, and is committed to the life of dignity under the American Convention on Human Rights, health or a right of a food nature. It will also be effective when it comes to an environmental right. In this case, the judge must immediately forward the proceedings to the judge he considers competent, who, once the assigned jurisdiction has been accepted, must be issued ex officio on the extent and validity of the precautionary measure. granted, within a time limit which may not exceed five (5) days.

ARTICLE 3 °-Suitability of the object of the precautionary claim. 1. The adoption of precautionary measures may be requested at the same time or after the request is made after the request has been filed, which in accordance with the rules laid down herein is appropriate to ensure the subject matter of the proceedings.

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2. The precautionary claim shall indicate clearly and precisely the damage to be avoided; the state action or omission that produces it; the legal right or interest that is intended to be guaranteed; the type of measure that is requested; and the requirements that correspond, in particular, to the required measure. 3. The judge or tribunal, in order to avoid unnecessary prejudice or charges to the public interest, may provide for a precautionary measure other than that requested, or limit it, taking into account the nature of the right to be protected and the the harm to be avoided. 4. The precautionary measures may not coincide with the subject of the main claim.

ARTICLE 4 °-Previous report. 1. The precautionary measure shall be requested by the judge, prior to the decision, which shall require the defendant public authority to produce a report within five (5) days of the public interest committed by the application. With the submission of the report, the defendant may issue the conditions of admissibility and provenance of the measure requested and shall accompany the documentary evidence which it considers to be relevant. Only where serious and objectively unjustifiable circumstances justify it, the judge or tribunal may issue an interim measure, the effectiveness of which shall be extended until the date of submission of the report or the expiry of the time limit laid down for it. production. According to the nature of the claim, the judge or tribunal may order a hearing before the Public Ministry. 2. The period laid down in the foregoing paragraph shall not apply when there is a particularly stipulated time limit. When the precautionary protection is requested in very serious trials and in the trials of amparo, the term to produce the report will be three (3) days. 3. The precautionary measures which are intended to protect the cases referred to in Article 2 (2) may be processed and decided without prior report of the defendant.

ARTICLE 5-Temporary enforcement of the precautionary measures against the State. When granting a precautionary measure, the judge must set, under the penalty of nullity, a reasonable limit for its validity, which may not be greater than six (6) months. In the processes of knowledge that are dealt with by the very high procedure and in the trials of amparo, the reasonable period of validity may not exceed three (3) months. The duty provided for in the preceding paragraph shall not be carried out where the measure is intended to protect the cases referred to in Article 2 (2). At the end of the term fixed, at the request of a party, and after appropriate assessment of the public interest committed in the process, the court may, on the basis of the measure, extend the measure for a specified period of not more than six (6) months, provided that this is a process which is essential. Special consideration shall be given to the granting of the extension of the dilatory or procedural impulse demonstrated by the party favored by the measure. If a precautionary measure is to be found pending the exhaustion of the prior administrative route, the limit of validity of the precautionary measure shall be extended to the notification of the administrative act which deplete the route, without prejudice to the of the provisions of the second paragraph of Article 8.

ARTICLE 6-Provisional character. 1. The precautionary measures shall remain in place for the duration of their term of validity. 2. At any time when the circumstances that have determined its dictation shall cease or be modified, its lifting may be required.

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ARTICLE 7 °-Modification. 1. Any person who has applied for and obtained a precautionary measure may request its extension, improvement or replacement, justifying that the measure does not adequately fulfil the purpose for which it is intended. 2. Any person who has decreed the precautionary measure may require that he be replaced by a measure which is less burdensome to him, provided that he sufficiently guarantees the right of the person who has requested and obtained the measure. 3. The decision shall be made after transfer to the other party for the period of five (5) days in the ordinary process and three (3) days in the summary proceedings and in the trials of amparo.

ARTICLE 8 °-Expiry of the precautionary measures. 1. The full expiry of the precautionary measures which have been ordered and made effective prior to the application of the application shall be made if the administrative route is exhausted and the application shall not be brought within 10 years. (10) days after his/her work. Where the precautionary measure has been judicially disposed of during the process of exhaustion of the administrative route, the measure shall automatically expire at 10 (10) days of the notification to the applicant of the act which exhausted the administrative. 2. The costs and damages caused in the event provided for in the first subparagraph of paragraph 1 of this paragraph shall be borne by the person who has applied for and obtained the expired measure, and the measure may not be proposed again for the same reason and as prior to the promotion of the demand; once the demand has started, it may be required once again if the requirements for its origin are met.

ARTICLE 9 °-Affecting the resources and assets of the State. Judges may not issue any precautionary measure affecting, hindering, committing, distracting from their destination or in any way disturbing the assets or resources of the State, nor imposing on civil servants pecuniary personal charges.

ARTICLE 10. -Contrast fabric. 1. Precautionary measures against the State or its decentralised entities shall be effective once the applicant grants actual or personal protection for the costs and damages which the measure may cause. 2. The holding of oath shall be admissible only if the object of the claim concerns the protection of the cases referred to in Article 2 (2).

ARTICLE 11. -Exemption from the counter-fabric. Caution shall not be required if the person obtained the measure: 1. The national state or a decentralised entity of the national State. 2. I will act for the benefit of litigating without expenses.

ARTICLE 12. -Improvement of the plywood. In any state of the process, the party against whom a precautionary measure has been taken may request that the security be improved by summarily proving that the rate is insufficient. The judge shall decide upon transfer to the other party.

ARTICLE 13. -Suspension of the effects of a state act. 1. The suspension of the effects of a law, a regulation, a general or particular act may be

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(a) The following conditions shall be met at the same time: (a) It shall be established summarily that the performance or execution of the act or standard shall cause serious damage to the impossible subsequent repair; verisimilitude of the right invoked; (c) the likelihood of the illegitimacy, because there are serious and serious indications in this respect; (d) the non-involvement of the public interest; (e) that the judicial suspension of the effects or the rule does not have legal effects or irreversible materials. 2. The request for a judicial suspension of a regulation or a general or particular act, pending the exhaustion of the administrative route, shall be admissible only if the individual proves that he has requested the suspension of the effects of the act before the Administration and that the decision of the Administration was adverse to its request, or that five (5) days have elapsed since the filing of the application without it having been answered. In this case, the origin of the measure shall be assessed according to the same requirements as set out in the previous subparagraph. 3. The providence that suspends the effects of a state act shall be used by means of replacement; the appeal, subsidiary or direct, shall also be admissible. The appeal filed against the prudential providence that suspends, in whole or in part, the effects of a legal provision or a regulation of the same hierarchical rank, will have suspensory effect, unless the protection of the cases referred to in Article 2 (2). 4. The public entity in question may request the lifting of the suspension of the state act in any state of the proceedings, relying on the grounds that it causes serious harm to the public interest. The court, after transfer to the counterparty for five (5) days, will resolve the lifting or maintenance of the measure. The decision shall be taken by the public entity applying for the liability for the damage incurred by the enforcement, in the case where the application or appeal is made.

ARTICLE 14. -Positive measure. 1. The precautionary measures, the object of which is to impose the conduct of a certain conduct on the public entity in question, may only be issued provided that the joint concurrence of the following requirements is established: (a) Clear and incontestable non-compliance with a specific and specific legal duty, in charge of the defendant; (b) Strong possibility that the right of the applicant to a positive performance or performance of the public authority exists; summarily that the failure to comply with the duty of the defendant, will cause serious harm of impossible subsequent repair; (d) not affecting a public interest; (e) that the measure requested does not have legal or material effects irreversible. 2. These requirements shall govern for any other measure of an innovative nature not provided for in this law.

ARTICLE 15. -Measure of not innovating. 1. The measure of non-innovation shall be carried out at the same time as the following requirements: (a) It shall be established summarily that the execution of the material conduct which motivates the measure shall cause serious damage to further possible repair; (b) the verisimilitude of the right invoked; (c) the likelihood of the illegitimacy of a material conduct emanating from a state body or entity; (d) the non-involvement of a public interest;

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(e) the requested measure does not have any legal or irreversible material effects. 2. The measures of a conservatory nature not provided for in this law shall be subject to the requirements of the provenance provided for in this article.

ARTICLE 16. -precautionary measures requested by the State. The national state and its decentralised authorities may apply for precautionary protection in any kind of process, provided that the following circumstances are present: 1. Risk and imminent risk of harm to the public interest, the State assets or other rights of their ownership; 2. Verisimilitude of the right invoked and, where applicable, of the illegitimacy alleged; 3. Suitability and necessity in relation to the object of the main claim.

ARTICLE 17. -Urgent protection of the public interest committed by the interruption of public services. Where acts, acts or omissions that threaten, disrupt or impede the continuity and regularity of public services or the execution of public interest activities or the execution of public interest activities or the enforcement of public interest activities, or otherwise disturb the integrity or the destination, of the goods concerned, the national State or its decentralised entities which are responsible for the supervision, supervision or granting of such services or activities shall be entitled to require prior, simultaneous or subsequently to the application of the main procedural pretense, all kinds of precautionary measures to ensure the purpose of the process in order to ensure the provision of such services, the execution of those activities or the integrity or destination of the goods in question. The foregoing shall not apply in the case of labour disputes, which shall be governed by the laws in force in the field, in accordance with the procedures laid down by the Ministry of Labour, Employment and Social Security of the implementing authority.

ARTICLE 18. -Application of the rules of the Civil and Commercial Code of the Nation. They shall apply to the processing of the precautionary measures against the national State or its decentralized entities, or to those requested by them, as soon as they are not incompatible with the requirements of this law, the nomas provided for in the Code Civil and Commercial Procedural of the Nation.

ARTICLE 19. -Processes excluded. This law shall not apply to processes governed by law 16,986, except as provided for in Articles 4, 2, 5, 7 and 20 of the present law.

TITLE II

Additional Rules

ARTICLE 20. -Inhibitory. The path of the injunction, in addition to the assumption provided for in Article 8 of the Civil and Commercial Code of the Nation, will also be used to promote issues of competition among judges in the same judicial district, in all the causes for the national state, or some of its entities, to be a party. Any conflict of jurisdiction between a judge of the administrative court and a judge of another jurisdiction will be resolved by the Contentious Federal Administrative Chamber, while the

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The conflict will be resolved by the Federal Chamber of Cassation in the Federal Administrative Court.

ARTICLE 21. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TWENTY-FOUR DAYS OF APRIL 2013.

-REGISTERED UNDER NO 26,854-

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

Date of publication: 30/04/2013

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