As the Justice explained, “The extremes required by the regulations and jurisprudence cited are not verified, at least in this preliminary stage of the case. for the dictation of the questioned DNU – in the matter in question -, as a situation of exceptionality or necessity that justifies the adoption of the measures analyzed here is not evident or made explicit. And he emphasizes: “Nor is the impossibility of choosing a less burdensome decision (parliamentary procedure) noted.nor that the advantages of the chosen path are greater than the disadvantages noted.
The judicial actors thus suspend a new rule included in the decree, after the labor reform chapter was suspended following a request from the General Workers’ Center (CGT).
“The articles alter the state of the situation of a social impact group such as sports entities, because it prevents them from developing their associative life.” “The Justice indicated that the suspension seeks to protect associations with useful purposes, free association and the autonomy of the will and reservation of private actions,” the ruling adds.
In this way, a second chapter of the DNU is paused while the rest of the articles and laws are in force until eventual rejection or approval in the legislative chambers.
What the DNU says about clubs and public limited companies
In the two articles referring to sports clubs and public limited companies, the Government points out the need to incorporate into the Public Limited Companies Law that “No right of a sports organization, including its right to membership, may be prevented, hindered, deprived or undermined. to a confederation, federation, association, league or union, based on its legal form, if it is recognized in this law and complementary regulations.”
“Sports associations, federations and confederations They will have one year, counted from the regulation of this document, to modify their statutes in order to adapt to the established terms. by that, which must be applied without prejudice to the fulfillment of pre-existing mandates”, was established, for its part, in article 345.
DNU debate in the Senate
Meanwhile, the Senate debates in this Thursday’s session the Decree of Necessity and Urgency (DNU) 70/2023in the midst of internal tugs between the president Javier Milei and his running mate and head of the upper house, Victoria Villarruel.
Starting this Thursday at 11 a.m., the Vice President of the Nation He leads a session where the Unión por la Patria bloc is four votes away from ensuring the rejection of the DNU, its main short-term legislative objective.
Source: Ambito
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