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Politics Axel Kicillof designs more presentations before Justice due to the cut in funds that the Government applied to him - Infobae

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Axel Kicillof designs more presentations before Justice due to the cut in funds that the Government applied to him - Infobae


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February 29, 2024

The main battle is for the Fiscal Strengthening Fund that is already underway. However, there are more debts and liquefaction in national transfers

by Making Cottet

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Kicillof plans to continue fighting the judicial battle over the cut of funds

While waiting for the Court to agree with him in his presentation before the court to restore the Fiscal Strengthening Fund, the governor of the province of Buenos Aires, Axel Kicillof , instructed the legal team of the Buenos Aires government to work on future lawsuits , then of the first presentation he made this Wednesday before the Supreme Court. There are four other formal administrative claims that the Buenos Aires government has already made and have not yet been answered. The provincial leader had stated that President Javier Milei “steals people's resources.”

https://www.infobae.com/politica/20...-ir-por-la-coparticipacion-de-las-provincias/
Behind the strategy are the General Government Advisor, Santiago Pérez Teruel ; the Buenos Aires Minister of Justice, Juan Martín Mena and the State Prosecutor, Hernán Gómez, who is the one who effectively represents the province in judicial proceedings. Pérez Teruel was in charge of advising on the administrative claims that different ministerial areas made to their counterparts in the Nation due to the drop in the transfer of resources or, directly, the elimination of certain funds.

The provincial government has already presented five of this type of requests that follow the administrative order. Of that total, so far only one has reached a judicial instance. However, in La Plata they do not rule out moving forward in court in the remaining cases and are already preparing presentations before the Court, as happened with the Fiscal Strengthening Fund (FOFOFI).

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Santiago Pérez Teruel in the center with the State Prosecutor, Hernán Gómez (right) and the Minister of Economy, Pablo López (left)

Another point that in the medium term they could claim has to do with the non-updating of the Compensating Fund of the Conurbano Fund that was established during the government of María Eugenia Vidal , through the accession that the province of Buenos Aires made to the Fiscal Pact that The then president Mauricio Macri closed with the rest of the governorates and the City. At that time, Buenos Aires withdrew legal claims due to the inequity to which it was subjected in the distribution of federal co-participation. The compensation fund also implied the income of $21,000 million in 2018 and $44,000 million in 2019. That fund, they maintain in the Buenos Aires management, was not updated since Milei was president and even began to liquefy, which is why it is not ruled out to go with a claim in that sense.

As explained in the administrative request sent to the Minister of Economy of the Nation, Luis Caputo, “it represents a debt of $167,379,447,829, as an adjustment corresponding to the year 2023, correctly updated until the moment of effective payment, considering interest for the delay in payment.” Furthermore, “the immediate correction of the daily amount to be received during this first quarter -2024- is required, so that it reaches $285,467,322,618 in the total period.”

As far as FOFOFI is concerned, what is “urgent” is for the Court to resolve the precautionary measure until it defines on the underlying issue that decree 192/2024 is to be declared unconstitutional . Buenos Aires thus seeks to restore the operation of the Fiscal Strengthening Fund since January, which represents around $88 billion. If the cuts in the rest of the funds are added, the amount rises to $460 billion.


“We are not in favor of judicializing politics; but the Court has to decide, one way or the other. The demand - made by the Province - is solid and has a reasoned explanation of what are the causes of this fund that the national government decided to cut," the General Government Advisor of the province of Buenos Aires told Infobae .
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Pérez Teruel, one of Kicillof's judicial swords

The basic expectation is that the highest court will decide to give rise to the precautionary measure so that the resources of the Fiscal Strengthening Fund are restored and - provisionally - disbursements continue to occur.

In the administrative claim that the Kicillof government had made for the FOFOFI, the Buenos Aires Minister of Economy, Pablo López , detailed that the national State “owes the Province the remainder equivalent to the sum of $11,164,000,000,” for the month from November of last year -to be paid in December-; $33,676,934,796, which corresponds to 1.18% of the national collection of December 2023 that had to be transferred in January of this year and $43,959,428,629, which also corresponds to the national collection of January 2024 and that “had to be transferred in the first days of February".

There was also an administrative claim for the carrying out of nine prison infrastructure works that were intended to expand the facilities of the Buenos Aires Penitentiary Service and today they are neutralized. They are wardens in Quilmes, Ezeiza, González Catán, Merlo, Mercedes, Lanús, Tres de Febrero and two penitentiary units in Moreno and Florencio Varela. Of this plan, N ación contributed 80% of the funds. The balance owed amounts to more than $67 billion.

An administrative request was also made for the undrawn funds that correspond to an agreement sealed in May 2023 between the Ministry of Community Development of the province of Buenos Aires and the Ministry of Social Development of the Nation that had the objective of “ financing actions aimed at guaranteeing the Food Security of people in conditions of social vulnerability who attend school cafeterias in the Province of Buenos Aires. The debt that Buenos Aires denounces for this section amounts to more than $4,860 million.

In addition, there was a claim for the Public Passenger Transportation Compensation Fund; whose items were included in the 2023 Budget that Milei decided to extend. The Ministry of Transportation states that although the amount varies monthly due to the update of costs based on the determinations of the Nation, the last shipment was $1,000 million. That is, as a base the debt amounts to one billion.

In educational matters, the request was for the Teacher Incentive Fund (FONID). The issue escalated weeks ago and increased the tension between the national government and the teaching unions. This is a fund that impacts teachers' salaries and has been paid since 1998 when it decided to establish itself, after the installation of the White Tent during the government of Carlos Menem . It also covers the National Educational Programs, Full or Extended Time. In February of this year, the Province absorbed the amount involved in the FONID.

All these claims were made administratively with the signature of the ministers of each area. So far the only one that entered the judicial path was for the elimination of the Fiscal Strengthening Fund . Of the total administrative claims, the first that could be transferred to Justice is the Compensation Fund of the Conurbano Fund that - they maintain in La Plata - the Nation has stepped on.
 
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