Governors publish a document on co-participation addressed to the Supreme Court

Wednesday, May 11, 2022 | 9:29 a.m.

Governors of 17 provinces, including the missionary Oscar Herrera Ahuadmet last night at the headquarters of the Federal Investment Council (CFI) and there they agreed to present a document addressed to the Supreme Court of Justice, which in the coming days must define the conflict over the co-participation of the City of Buenos Aires, originated in 2020. The provincial leaders requested to be accepted as “amicus curiae” of the highest court.

In the document, among other things, it is ensured that in the view of the governors “there is no reason to try to modify the transfer of resources by altering the constitutional normative plexus precisely on the part of those who should be its zealous custodians.”

In addition, it is explained that these 17 districts lost nearly 500,000 million pesos in income and assure that they “suffer” from the concentration “of 28% of the territorial public spending of the national budget in the CABA.”

In addition to the missionary, they signed the document Axel KicilloGovernor of Buenos Aires; Raul Jalilgovernor of Catamarca; Jorge Captainichgovernor of Chaco; Mariano Arcionigovernor of Chubut; Gustavo Bordetgovernor of Entre Ríos; Gildo InsfranGovernor of Formosa; Sergio ZiliottoGovernor of La Pampa; Ricardo QuintelaGovernor of La Rioja; Gustavo Saenzgovernor of Salta; Sergio Unacgovernor of San Juan; Alberto Rodriguez SaaGovernor of St. Louis; Alicia Kirchnergovernor of Santa Cruz; Omar Perottigovernor of Santa Fe; Gerardo Zamoragovernor of Santiago del Estero; Gustavo MelellaGovernor of Tierra del Fuego; Osvaldo JaldoGovernor of Tucuman.

Below is the full text of the document signed by the governors:


The governors of the Argentine provinces express our deep concern about the undue interference by the Supreme Court of Justice of the Nation in the intervention regarding the precautionary measure and the declaratory action of unconstitutionality filed by the Autonomous City of Buenos Aires before the National State in order to achieve restitution in the amount of liquidation of resources that do not correspond to it.

The Argentine provinces observe with great concern the imminent ruling of the highest court by virtue of the expiration of the term established for conciliation between the parties.

There is no reason to try to modify the transfer of resources by altering the constitutional normative plexus precisely on the part of those who should be its jealous custodians.

The Autonomous City of Buenos Aires is not a province. The provinces are pre-existing to the Nation and our constitution is based on pre-existing pacts.

When Law 23,548 of federal tax co-participation was sanctioned, which promotes the primary and secondary distribution of co-participation resources, the Municipality of the City of Buenos Aires existed, which was completely financed with resources belonging to the national state.

After the constitutional reform of 1994, and by virtue of decree 705/2003, a coefficient equivalent to 1.4% of the total amount collected is applied in article 2 of law 23548 and its amendments, which was modified in an unfair and unjustified manner. by decree 194/2016 raising the coefficient to 3.75%.

Our provinces have lost approximately 500,000 million pesos and we suffer from the concentration of 28% of the territorial public spending of the national budget in CABA. The Argentine provinces are tired of centralist discrimination. We receive the lowest subsidies for the energy we consume, for the transportation that our users use.

We pay the most expensive fuel. We take charge of our security forces and allocate part of our scarce resources to deal with expenditures that the centralist privilege has.

The provinces say enough! We do not accept any more decisions that flagrantly violate our federalism.

We want the SCJ to immediately accept us as amicus curiae and we are willing to present complementary judicial actions aimed at correcting the distortions observed in various decrees that affect the availability of our resources.

We are going to defend our provinces. Let the judges of the Supreme Court of Justice know very well that federalism is not negotiated and they must be held responsible for the consequences of their actions.

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