In this way, the Executive Branch must argue the reasons why SIGEN has to audit the University of Buenos Aires.
He Government has a period of five days to produce the response report to the arguments of the UBA, in relation to the precautionary measure presented to prevent the carrying out of the audit by SIGEN. The same was imposed by the judge in federal administrative litigation, Diego Cormick.
In this way, Cormick declared himself competent to hear the lawsuit presented by the UBA and ordered that the National Executive Branch and the SIGEN produce the planned report in five days before the request for the precautionary measure. The judge was in charge of the case by lot, after yesterday the UBA challenged without cause the first judge who had been drawn, Rita Ailán.
The prosecution concluded that the Federal Administrative Litigation jurisdiction is the one that should intervene in the lawsuit because, to resolve, “it will be necessary to resort predominantly to the analysis and application of principles and norms of constitutional and administrative public law,” according to the opinion to which NA agreed.
The precautionary request
Last Monday, the UBA presented a “declaratory action of certainty” for the Justice to define whether or not SIGEN can audit it and requested that while it is resolved, a precautionary measure be issued to prevent it.
In the document of claim, the precautionary measure was requested to order the National Executive Branch and SIGEN to “refrain from carrying out any type of action linked to interventions at this University, under the name of audits and/or any other name that implies internal control”.
This is taking into account that the Government “unilaterally decided to carry out an audit starting next October 28, lacking the authority to do so,” the UBA’s lawsuit warned.
The lawsuit seeks that Justice “declare the unconstitutionality of art. 8 of Decree 1344/07 and the incompetence of SIGEN to exercise internal control of this University because they are contradictory and incompatible with the norms, principles and guarantees of the Constitutional National”.
Source: Ambito
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