The Federal Justice of La Plata made a decision that responds to one of the points of tension between the Government and the agricultural sector. Judge Ernesto Kreplak, acting during the fair, ruled a precautionary measure that temporarily suspends the validity of article 154 of the Decree of Necessity and Urgency (DNU) 70/2023, related to the repeal of the Land Law.
The legal action was not promoted directly by the Argentine Agrarian Federation (FAA). However, Judge Kreplak's ruling is aligned with the claims expressed by this entity and other actors on the liaison table. The magistrate argued that the guidelines of the Supreme Court of Justice on “needs and emergencies” should be analyzed. And he pointed out that the repeal should be suspended while the merits of the issue are resolved.
Read also: The Government promises to reach a consensus with the entire agricultural chain on changes in the seed law
The measure generates a new chapter in the debate between the Government and the agricultural sector. In this case, one of the decisions that generated the most controversy in rural areas is suspended.
The temporary suspension responds to the presentation of a group of ex-combatants from Malvinas, who managed to get Justice to stop, at least momentarily, the repeal of the Land Law.
Do you want to receive more information about the field?
The magistrate, by making this decision, places under scrutiny the Government's rationale for the need to repeal the Land Law through a presidential decree. This judicial ruling was received with attention by various sectors, especially the Argentine Agrarian Federation (FAA), whose president, Carlos Achetoni, had previously expressed his concern about the unrestricted opening to the purchase of land by foreigners and the lack of consideration towards national producers.
Carlos Achetoni, president of the Argentine Agrarian Federation (FAA), expressed: “It is a historic position of the entity. We have gone from a government that practically endorsed usurpations to one that openly allows the purchase of land by foreigners.” (Photo: TN).
The reaction of the Argentine Agrarian Federation (FAA) to the court ruling
In this context, Achetoni reacted positively to the precautionary measure issued by Judge Kreplak. He recalled the historical position of the entity in defense of local producers and expressed his concern about the consequences of allowing the indiscriminate purchase of land by foreigners.
He stressed the importance of protecting producers who faced economic and environmental challenges. And he considered it unfair to open the market to foreign investors while local farmers face difficulties.
Contrary to initial perception, the FAA did not directly lead the judicial claim against the repeal of the Land Law. Judge Kreplak made the decision in response to an appeal for protection presented by the Center for Former Combatants Islas Malvinas La Plata (CECIM), chaired by Rodolfo Carrizo. This appeal seeks the declaration of unconstitutionality and nullity of article 154 of the Necessity and Urgency Decree 70/2023, which repealed the aforementioned law, publicly defended by the FAA.
Read also: The story of Maximiliano Pullaro and the curiosities of the brake on Javier Milei due to withholdings
For the CECIM, the actions of the National Executive Branch implied explicit interference in the affairs of the Legislative Branch. This legal approach raises questions about the constitutionality and legality of the repeal promoted by the Government, while adding a different perspective to the discussion surrounding the opening of the land market to foreign investors.
This Monday, Judge Ernesto Kreplak, in charge of Federal Court No. 4 of La Plata, issued a ruling ordering the preventive suspension of the validity of article 154 of the Decree of Necessity and Urgency 70/2023, until the issue is resolved. background. (Photo: TN).
Likewise, from the legal body of the Government they seek to question the legitimacy of the Center of Former Combatants Islas Malvinas La Plata (CECIM) to carry out the judicial case against the repeal of the Land Law. As they argued, the CECIM does not have the necessary status to be a legitimate actor in the dispute, which would turn the judicial controversy into an “abstract debate.”
Read also: The liaison table will meet with governors of the central region to promote more changes to the Omnibus Law
Meanwhile, Judge Kreplak, despite the Government's objections, rejected the view that questioned the active legitimacy of the CECIM. According to his interpretation, “the statutory object of the CECIM, aimed at the defense of sovereign rights in the South Atlantic, Malvinas, Georgia and the South Sandwich, cannot be split or partially protected.”
Kreplak compared the effects of the repeal of the Land Law to the impacts of the British occupation of the Falklands. He maintained that it “enables the acquisition of rural land by foreigners in the same territories that the association defends against the illegitimate occupation of the United Kingdom.”
Despite the Government's objections, Judge Kreplak rejected the view that questioned the active legitimacy of the CECIM, arguing that “the statutory object of the CECIM, oriented to the defense of sovereign rights in the South Atlantic, Malvinas, Georgias and Sandwich of the South, cannot be split off or partially supervised.” (Photo: NA)
Finally, the judge's decision opens an additional chapter in the legal battle. It underlines the complexity and implications of the repeal of the law and its effects in terms of national sovereignty and land ownership.