At least this year, some officials from the national Ministry of Justice and their colleagues in Buenos Aires had formed a working group. The purpose was clear: to advance the transfer of jurisdictions that are currently national and should be local under the mandate of the 1994 Constitution. The men of Mariano Cuneo Libarona and Gabino TapiaBoth portfolio managers develop drafts and projects.
Suddenly Article 91 appeared in the bill and surprised them. “Transitional validity of the National Labor Justice. National labor jurisdiction remains in force until the agreement on the transfer of powers of the National Labor Justice between the Nation and the Government of the Autonomous City of Buenos Aires is implemented. Once this agreement is formalized, the necessary measures will be taken for its gradual termination in accordance with the provisions and deadlines resulting from these instruments.
In short, the bill decided that jurisdiction would transfer from the nation to the city if passed. “It was unexpected and surprising. But in the city we are very happy because it is an old wish and is part of the demand for autonomy that the Buenos Aires government has made in the past,” said a senior official in the Buenos Aires administration Jorge Macri.
Suddenly the designs, for which there was no specific start date, took on enormous importance. The most important: the number of courts known to be created.
Of course the project It was just introduced in Congress and that remains the discussion and negotiation with the other blocs. But in the city everything is ready to preserve the jurisdiction, which in recent years has become one of the trenches of Kirchnerism, since the Recalde family personally took care of each individual denomination.
Advances in transmission had already been made in these drafts. In May, the city’s magistrate council called for a competition to find candidates for the courts. So there were 52 registered and the process moved forward.
The plan is drawn up between the city and the nation. If approved, a transfer agreement must be concluded. The idea of the government of Buenos Aires is Creation of 10 labor courts to start receiving all new files. “With initially 10 courts, we have to accommodate everything new. We will be a long way from the 80 judges that the labor court has today. The selection processes that have already been advertised for these positions are already advanced,” it was said in the group Wall.
While the drafting of the new labor law begins in the city, these previous works marked a path for the Nationals that the government of Javier Milei decided to close. The idea is that All files in progress are saved there, including initiated ones. This means that no one changes the original judge, but rather the new jurisdiction assumes responsibility for the new draws.
Some believe they will be given time to complete. “For example, a reasonable period of time might be 5 years. During this time they no longer receive anything and there remains a residual jurisdiction. “In addition, judges continue to be judges and can decide what to do, whether to move to the local judiciary or stay there, and for those who have time, opt for the retirement system.”
But of course there is a problem that is not yet fully understood. Beyond the causes of individual employees and employers In addition to traditional industrial relations, there are other issues that are currently being dealt with in national jurisdictions. For example, all issues that have to do with unions or collective agreements and that are currently being handled in these offices. This would be outside of what is transferred to the city. “It is possible that there will be some employment tribunals with similar functions to the federal courts to understand these matters that are not individual employment relationships,” said a source involved in drafting the plan.
How long might it take to elect new judges? he asked. THE NATION in the Macri administration. “About a year,” they replied. That means nothing will happen from one day to the next.
The transfer of powers between the national and Buenos Aires judicial systems is a process that has taken 30 years and was initiated with the adoption of the Buenos Aires City Constitution and the 1994 constitutional reform.
However, the inclusion of the article was already met with strong rejection from the judges. The Association of Judges and Officials of the National Judiciary opposed the labor reform bill because they understand that it implicitly nullifies the validity of the national labor courts.
In recent times, the process of transferring powers from the national judicial system to that of the city has already taken place since the creation of the Supreme Court “Levinas” verdictthat the Supreme Court of the city is the one that intervenes to review the decisions of the national civil, commercial, labor and criminal justice systems.
The national judges have refused to apply this ruling for now because it subordinates the national courts to the decision of the city’s Supreme Court. Both the Casa Rosada and the Buenos Aires government know that there may be legal problems in implementing the article if it is approved. But if the court has already written the Levina case, it is very likely that it will not oppose the creation of a new magistrate in the city.
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