The University of Buenos Aires presented a declarative action of certainty with the aim of obtaining a judicial declaration confirming the unconstitutionality of a legal provision that would allow the General Auditing Office of the Nation to audit the university and establish the non-existence of a legal relationship between both entities regarding internal control. According to the complaint, this regulation violates the constitutional legal order by conflicting with several articles of the National Constitution and other laws.
In the document submitted to the federal administrative contentious judge Diego Cormick, it is argued that the SIGEN's competence to exercise internal control over the university is contradictory and incompatible with the constitutional and statutory norms and principles of the educational institution. Judicial protection of the rights of the plaintiff, in this case, the University of Buenos Aires, is requested.
After the disqualification without cause of the first magistrate assigned to the case, Rita Ailín, Judge Cormick has taken charge of it and has referred the declarative action of certainty to the prosecutor's office to rule on the jurisdiction of the court before issuing any requested precautionary measure. The UBA's request also includes a request for a precautionary measure to prevent SIGEN from conducting audits or any intervention in the university until the substantive issue is resolved.
In the complaint, it is sought that the Justice declare the unconstitutionality of the regulation that empowers SIGEN to audit the university and order the National Executive Power and the General Auditing Office of the Nation itself to refrain from any action implying internal control over UBA, considering that the audit scheduled by SIGEN lacks legal competence to be carried out.
