Politics Economy Local 2026-02-18T02:26:04+00:00

Labor reform judicialization in Argentina could reach the Supreme Court

After approval in Congress, Argentina's labor reform could face legal challenges, potentially ending up in the Supreme Court, which may even refuse to rule, leaving the lower court's decision in place.


Labor reform judicialization in Argentina could reach the Supreme Court

In general, the arrival at the Supreme Court is almost never fast,” he remarked. At that moment, the highest court can access the issue with the vote of each of its judges, or it can decide, as it has done in previous cases, to resort to Article 280 of the Civil and Commercial Procedural Code. “Article 280, to put it simply, means ‘I don’t judge you and I reject the appeal you file’, leaving firm what had been decided by the previous instance. Buenos Aires, Feb. 17 (NA) – The judicialization of the labor reform that will be pushed by unionism, once it is approved by Congress, could eventually end up at the Supreme Court of Justice, which has no deadlines to resolve the issue. Even, the highest court has the possibility of resorting to an article in the Civil and Commercial Procedural Code that enables it not to make a decision, leaving the sentence of the previous instance in force. In dialogue with the Argentine News Agency, constitutionalist Carlos Lombardi explained that the judicialization of the labor reform will begin its path in the Chamber of the labor jurisdiction. “First, we will have to see what the strategy of the lawyers advising the CGT is. They can attack the entire law in general alleging unconstitutionality because it violates the principles that protect labor rights, or they can attack it article by article,” the lawyer detailed. Lombardi pointed out that then the Government will appeal to the higher instance than the Chamber, while the labor centrals will surely resort to international courts. “In this way, it will continue to escalate instances and there is the option of the Court, which is the last one. The Court is very political, if it likes what is firm up to that instance, it can resort to this move and that’s it,” Lombardi stated. Agency NA

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