The retirees presented themselves to the court with the sponsorship of the lawyers Andrés Gil Domínguez and Eugenio Seminodefender of the elderly.
RR and MLGboth retired, filed an action to declare the unconstitutionality of the Decree 782/24through which the National Executive Branch vetoed Law 27,756, which provided for modifications to the pension system that were favorable to retirees.
Veto of Milei’s pension reform: the first judicial presentation
In their presentation, the lawyers denounced “institutional seriousness” and reserved the right to appeal to the Supreme Court of Justice of the Nation.
The document warns that the Executive Branch, with its veto, affects “the right to social security regarding mobility and compensation of retirement benefits,” established in the National Constitution. For the plaintiffs, the decree is “invalid” since it lacks justification.
The plaintiffs made technical observations on the formula of the law that benefited retirees. They also referred to the bonus, which in the law had been incorporated into the retirement pension and to which the mobility formula was applied, and which thus eliminated the discretionary power of the Executive Branch to establish the amount of the supplements or bonuses.
They argued that the presidential veto on the increase in pensions provided for by law violated constitutional rights such as the right to social security with respect to mobility and compensation of retirement benefits (Article 14 “bis” of the Argentine Constitution).
It also affected the Article 9 of the International Covenant on Economic, Social and Cultural Rights and Article 17 of the Inter-American Convention on the Protection of the Human Rights of Older Persons.
It also violates the principle of reasonableness (Article 28 of the Argentine Constitution), the principle of progressiveness and non-regressiveness of the system of rights (Article 75, paragraph 22 of the Argentine Constitution).
Finally, they requested that the claim be upheld and thatand declare the “unconstitutionality and unconventionality of Decree 782/2024, ordering the National Executive Branch to promulgate the bill registered under No. 27,756”.
Source: Ambito
