The Buenos Aires Justice ratified this Tuesday the ruling that declared the unconstitutionality of the sale of the lands of Costa Salguero and Punta Carrasco where the Government of the City of Buenos Aires planned to enable the construction of luxury buildings at the access to the Río de la Plata. With a conclusive ruling, Chamber No. 2 of the Chamber of Appeals in Contentious, Administrative and Tax matters rejected the appeal of the Buenos Aires government to the ruling that in April had stopped the sale, alleging that the The ruling party did not comply with the double reading mechanism in the Legislature established by the Constitution for the laws of alienation of public lands.
“The ruling makes it clear that the waterfront must be public and for common use of the citizens of Buenos Aires “, indicated the organizations that work in defense of the public space. Meanwhile, from the opposition they celebrated that the judicial decision puts”a brake to the towers“and they called to participate in the public hearing that will begin this Friday for the other large real estate project that threatens access to the river: the neighborhood of luxury towers that the IRSA Group seeks to build in Costanera Sur.
“The Chamber again gave us the reason, rejected the appeal of the government of Horacio Rodríguez Larreta and ratified that it is unconstitutional the law by which they tried to sell the property of Costa Salguero“. On Tuesday afternoon, this was the announcement by Gabriela Cerruti, national deputy of the Frente de Todos (FdT), who presented the amparo that initiated the litigation for the sale of the land together with the Observatory of the Right to the City (ODC) , the Chair of Community Engineering, the Institute of Thought and Public Policies and the Ombudsman’s Office.
In a 29-page, 23-point verdict In response to the Executive’s appeal, judges Fernando Enrique Juan Lima and Mariana Díaz confirmed that the sale of the 17 coastal hectares is unconstitutional. As was sustained in the first instance by judge Leonardo Fuchi, the magistrates considered that the approval of Law 6,289, which in 2019 enabled the GCBA to sell the land, violated “the constitutional procedure provided for in Article 89, subsection No. 4 of the Constitution “.
The subsection in question establishes that the laws that imply “Disengagement of real estate from the public domain“require the double reading procedure with public hearing. Before dealing with the law, the Buenos Aires ruling party had managed to get the land to be considered “private domain“, which do not require double reading for sale.
“Corresponds, with as much prudence as – when the case arises – clarity and vehemence, enforce the limits established in the Constitution itself“, argue the judges in the ruling and add that” our Constitution is clear as to the importance for it have such citizen participation, the right to the environment and, in particular, access to the river“In addition, the magistrates considered that the law is”.Violation of the regulations of the Urban Code in force at the time of its issuance“.
“The ruling involves two very important issues. First, that the waterfront must be public and for common use by the citizens of Buenos Aires. Second, Justice once again reveals the institutional gravity that exists in the City where the Legislature passes laws in favor of real estate speculation without respecting the minimum requirements“, he pointed to Page 12 Jonatan Baldiviezo, head of the ODC.
“The ruling of the Chamber makes it very clear that it is a public domain good and that the attempted sale is unconstitutional putting a brake on the towers“, agreed the legislator of the Frente de Todos (FdT) Matías Barroetaveña, who added that” for all this it is very important that Larreta does not get two thirds again of the Legislature in these elections. “Meanwhile, the Buenos Aires deputy Claudia Neira, who together with María Rosa Muiños had requested the repeal of the norm, maintained that” from the beginning everything that was lived with this law was very irregular“.
“We are in a situation of permanent legal uncertainty where the Legislature passes laws without majorities and without citizen participation. If it weren’t for the urban citizen movement that is organized and goes to court, these situations would be consolidated, “added Baldiviezo. Before the first instance ruling, citizens had held the most massive public hearing in the history of the City, when between November 2020 and January 2021 more than two thousand people spoke out against the land rezoning law, after the norm that the Justice declared unconstitutional.
After that, in August the GCBA again extended until December 2022 the concession of the property to the Telemetrix company, which originally was due to leave the place in April of this year, after three decades in charge. In the middle, the FdT began to promote the Popular Initiative to create a large public park on the 17 riverside hectares. Legislators have already confirmed that the Initiative reached the 40 thousand signatures necessary to be dealt with in the Legislature and only formal presentation is missing.
Meanwhile, this Tuesday, simultaneously with the ruling of the Chamber, the registration for the public hearing for the luxury towers neighborhood that IRSA seeks to build on the 71 hectares of the former Boca Juniors Sports City closed: “There is a record 2600 scored“He confirmed to Barroetaveña about the audience that will start on Friday at 2:00 p.m. and that can be followed by the YouTube channel of the Legislature.