Measures Precautionary On The Causes Which Is Part Or Intervene. Processes Excluded.

Original Language Title: Medidas Cautelares en las causas en las que es parte o interviene. Procesos excluidos.

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State national State national law 26.854 precautionary measures on the causes which is part or intervene. Excluded processes. Adopted: 24 April 2013 promulgated: 29 April 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: title I of the measures precautionary on the causes which is part or the State intervenes article 1 - scope of application. The claims postulated precautionary against any action or omission of the State or its decentralized bodies, or requested by them, are governed by the provisions of this law.
Article 2 ° - precautionary measures dictated by incompetent judge. 1. at the time of resolve on the measure precautionary measures requested the judge must be issued on your competition, if it has not done before. Judges should refrain from imposing precautionary measures when the knowledge of the cause were not within its competence. 2 Providence. the injunction issued against the State and its decentralized by a judge or court incompetent, entities simply efficiency as regards socially vulnerable sectors in the process, is committed as dignified life the American Convention of human rights, health, or a right to food nature. You will also need effectiveness in the case of an environmental nature right. In this case, ordered the measure, the judge shall forward immediately actions the judge deemed competent, who once accepted the competence attributed, shall be issued ex officio on the scope and validity of the measure precautionary measures granted, within a period which may not exceed five (5) days.
Article 3 ° - interim suitability of the object of the claim. 1. prior, simultaneously or with after to the interposition of the demand is may request the adoption of them measures precautionary that according to them rules established in the present are suitable to ensure the object of the process. 2. The claim prudential will indicate clearly and precisely the harm that seeks to prevent; the action or State omission which produces it; the right or legal interest which is intended to ensure; the type of measure requested; and the compliance of the requirements that correspond, in particular, to the measurement required. 3. the judge or court, to avoid damages or unnecessary charges to the public interest, may have a different of the requested precautionary measure, or limit it, taking into account the nature of the right which is try to protect and the harm that seeks to avoid. 4. the precautionary measures may not coincide with the object of the main demand.
Article 4 ° - review prior. 1. requested the measure precautionary, the judge, prior to resolve, should require to the Authority public demanded that, within the term of five (5) days, produce a report that give has of the interest public committed by the request. With the presentation of the report, the defendant may be issued about the conditions of eligibility and origin of the requested measure and accompany the documentary evidence it deems relevant. Only when serious and objectively critical circumstances warranted, the judge or court may issue an interim measure, whose effectiveness extends until the moment of the presentation of the report or the expiration of the time limit set for its production. According to the nature of the claim to the judge or court may order a view prior to the Ministry public. 2. the period laid down in the preceding paragraph shall not apply where there is one especially under deadline. When protection precautionary measures are requested in summary trials and the trial of amparo, the term for producing the report will be three (3) days. 3. the injunctions to have intended the tutelage of the cases listed in article 2°, paragraph 2, may process and decide without a prior report by the respondent.
Article 5 ° - precautionary temporary validity of measures against the State. By granting a measure injunction the judge should be attached, under penalty of nullity, a reasonable limit for its entry into force, which may not be more than six (6) months. In the processes of knowledge that processed by summary procedure and trials of amparo, the reasonable period of validity may not exceed three (3) months. The duty provided for in the preceding paragraph, when the measure is intended to the tutelage of the cases listed in article 2 °, paragraph 2 would not proceed. Upon expiration of the term set, at the request of a party, and after proper assessment of the public interest involved in the process, the Court may, founded, extend measurement by a specified period not to exceed six (6) months, whenever it found procedurally necessary. It will be special consideration for the granting of the extension the dilatory or procedural impulse attitude demonstrated by the party favoured by the measure. If it were a measure of precaution dictated finding pending the exhaustion of the previous administrative channels, the limit of validity of the measure precautionary measures will last until notification of the administrative act which runs via, without prejudice to the provisions of article 8 second paragraph °.
Article 6 ° - provisional nature. 1. the precautionary measures will survive the duration of its term of validity. 2. at any time the circumstances which determined their dictation cesaren or is modificaren, its lifting may be required. article 7 ° - modification. 1. who has applied for and obtained a measure precautionary measures may request its extension, improvement or replacement, justifying that this does not adequately meet the purpose for which it is intended. 2. those against whom has decreed is the measure precautionary measures may require its replacement by another that is less burdensome, provided that it guarantees enough right to whom it has requested and obtained. 3. the resolution will dictate prior transfer to the other party for a period of five (5) days in the ordinary proceedings and three (3) days in the expeditious process and the proceedings of amparo.
Article 8 ° - precautionary revocation of the measures. 1. There will be full-fledged measures to lapse prudential that they have ordered and made effective before the filing of the demand, if being exhausted administrative remedies not brought demand within ten (10) days of its work. When the injunction has had judicially established during the processing of the exhaustion of administrative remedies, such measure shall lapse automatically ten (10) days of the notification to the applicant of the Act which exhausted the administrative channels. 2. the coasts and the damages caused in the case referred to in the first subparagraph of paragraph 1 of the present, will be in charge who had requested and obtained the measure expires, and this not may propose it again for the same cause, and prior to the promotion of demand; Once started the demand, you can again if required concurring requirements for its provenance.
Article 9 ° - affectation of resources and State assets. Them judges not may dictate any measure precautionary that affect, impede, compromise, distract of your destination or of any form disturb them goods or resources own of the State, or impose to them officials loads personal pecuniary.
ARTICLE 10. -Equitable. 1. the measures precautionary dictated against the State national or its entities decentralized will have efficiency practice once the applicant grant bond real or personal by them coasts and damage and damages that the measure may cause. 2. the surety juratoria only will be admissible when the object of the claim concerning to the guardianship of them so-called listed in the article 2 °, subsection 2.
ARTICLE 11. -Exemption of the equitable. Not is will require surety if who obtained the measure: 1. is the State national or an entity decentralized from the State national. 2. acting with benefit of litigation without cost.
ARTICLE 12. -Improvement of the equitable. At any stage of the process, the side against whom it has become effective a measure precautionary measures may request that the surety is improved summarily proving that the set is insufficient. The judge will resolve prior transfer to the other part.
ARTICLE 13. -Suspension of the effects of an act of State. 1. the suspension of the effects of a law, a regulation, a general or specific act may be

(ranked to asked of part when converge simultaneously the following requirements: to) is defaulting summarily that the compliance or the execution of the Act or of the standard, will cause damages serious of impossible repair further; (b) the likelihood of the right invoked; (c) the likelihood of illegitimacy, there is serious and serious evidence on the matter. (d) the non-involvement of public interest; (e) that legal effects or standard suspension does not produce legal effects or irreversible material. 2. the asked of suspension judicial of a regulation or of an act general or particular, while is pending the exhaustion of it via administrative, only will be admissible if the particular shows that has requested it suspension of them effects of the Act before it administration and that the decision of this was adverse to your request, or that have elapsed five (5) days from the presentation of the request without this had been answered. In this case the origin of the measure will be valued according to the same requirements set forth in the preceding paragraph. 3 Providence that suspends the effects of a State Act may be appealed by way of replacement; also admissible appeal, direct or subsidiary. The appeal filed against Providence injunction that you suspended, wholly or partly, the effects of a legal provision or a regulation of the same hierarchical rank, shall have suspensive effect, unless it finds committed the tutelage of the cases listed in article 2, paragraph 2. 4. the responding entity may request the lifting of the suspension of the State Act at any stage of the proceedings, invoking founded that she causes serious damage to the public interest. The Court, before transfer to the counterpart for five (5) days, will solve rising or maintaining the measure. Resolution shall declare the applicant public entity manager responsibility for damages that irrogue the implementation, in the event that is made place to demand or resource.
ARTICLE 14. -Positive measure. (1. them measures precautionary whose object involves impose the realization of a certain conduct to the entity public demanded, only may be dictated whenever is accredits it concurrency joint of them following requirements: to) failure clear e undeniable of a duty legal, concrete and specific, to charge of it demanded; (b) strong possibility that the applicant is entitled to a benefit or positive action from the public authority, there is; c) defaulting summarily that breach of regulatory duty manager of the respondent, will cause serious damages of impossible further repair; (d) involvement of public interest; (e) that the measure requested does not have legal effects or irreversible material. 2. these requirements shall apply to any other measure of innovative nature not provided for in this law.
ARTICLE 15. -Measurement of not innovate. 1 measure not innovate will proceed when simultaneously comply with the following requirements: to) is defaulting summarily execution of material behavior that motivates the extent, cause serious damages of impossible further repair; (b) the likelihood of the right invoked; (c) the likelihood of the illegitimacy of issued material conduct of an organ or State; (d) the non-involvement of a public interest;
( e) that the measure requested does not have effects legal or material irreversible. 2 measures Conservatory not provided for in this law, shall be subject to the requirements of origin laid down in this article.
ARTICLE 16. -Precautionary measures chosen by the State. The State and its decentralized bodies may request protection precautionary measures in any kind of process, provided that the following circumstances occur concurrently: 1. risk certain and imminent suffering damages on the public interest, State assets, or other rights of ownership; 2 likelihood of invoked law and, where appropriate, of the alleged illegitimacy; 3 suitability and necessity in relation to the object of the main claim.
ARTICLE 17. -Urgent protection of the public interest engaged by the interruption of public services. When either current or imminent occur acts, facts or omissions that threaten, interrupt or hinder the continuity and regularity of public services or the execution of activities of public interest or interfere with the integrity or destination of the goods affected those roles, the State or its decentralized entities having carried out the supervision, control or concession of such services or activities they will be entitled to require prior, simultaneous or subsequent to the application of the main procedural claim, all kinds of measures precautionary to ensure the object of the process in order to ensure the provision of such services, the execution of such activities or the integrity or destination of the goods concerned. The above shall not apply in the case of labour disputes, which shall be governed by the laws in force in the matter, according to procedures carried out by the Ministry of labour, employment and Social security as the enforcement authority.
ARTICLE 18. -Application of the rules of the code of Civil procedure and commercial of the nation. They shall apply to the processing of the measures precautionary against the State or its decentralized bodies, or to the chosen by them, insofar as they are not incompatible with the requirements of this law, the just laid down in the code of Civil procedure and commercial of the nation.
ARTICLE 19. -Excluded processes. This law shall not apply to the processes governed by law 16,986, except regarding the provisions in articles 4 paragraph 2, 5°, 7 ° and 20 of the present.
Title II supplementary rules article 20. -Inhibitory. The route of the inhibitory as well as the course laid down in article 8 of the code of Civil procedure and commercial of the nation, will be also for the promotion of competition issues among judges of a same judicial district, in all causes in the State, or any of their entities, are part. All conflict of jurisdiction raised between a judge of the administrative litigation jurisdiction and a judge from another jurisdiction, shall be resolved by the Federal Administrative Disputes Chamber; While when the suscitare conflict of competence between the administrative litigation Chamber and a judge or Chamber of the other jurisdiction, the conflict will be resolved by the Federal Chamber of Cassation contentious administrative Federal.
ARTICLE 21. -Communicate to the national executive power.
-REGISTERED UNDER NO. 26.854 - AMADO BOUDOU. -JULIAN DOMÍNGUEZ. -John H. Estrada. -Gervasio Bozzano.

Date of publication: 30/04/2013