Consumidores Argentinos v. Estado Nacional, sub nom. Poder Ejecutivo Nacional

Id SAIJ: FA10985614 (2010)

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Consumidores Argentinos v. Estado Nacional, sub nom. Poder Ejecutivo Nacional

Argentina National Supreme Court of Justice
Id SAIJ: FA10985614 (2010)

Facts

In 1994, Argentina’s constitution was reformed, and among the objectives of that reform were to ensure the separation of powers and to create better checks and balances among the branches of government, but especially to increase Congress’s authority while decreasing the president’s authority. Argentina was in an economic crisis in 2002 when Argentina’s Congress enacted Law 25,561, which declared a public emergency and created economic reforms. While the public emergency was in effect, President Eduardo Duhalde issued a decree of necessity and urgency, DNU 558/02, to amend an existing insurance law in a way that would allow the superintendent of insurance to exempt certain insurance companies from the normal requirements in order for them to gain easier access to bank credit and other benefits. Consumidores Argentinos (plaintiff), a consumer advocacy group, filed to the court of federal first instance to have the decree declared unconstitutional. The federal first-instance court ruled in favor of Consumidores Argentinos, as did the appellate contentious administrative court on appeal. The national government (defendant) appealed by filing an extraordinary petition with the Argentina Supreme Court. In response to the appeal, Argentina’s attorney general, Laura M. Monti, issued the opinion that Law 25,561 was too broad and generic to justify the issuance of DNU 558/02, which should be held unconstitutional. The national government argued that the issuance of the decree was more convenient and that the economic crisis impacted the market in which insurance companies operated, so that it was urgent for the president to act outside of Congress’s normal process.

Rule of Law

Issue

Holding and Reasoning (Lorenzetti, C.J.)

Concurrence (Maqueda, J.)

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