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February 9, 2013
Wednesday, December 19, 2012

Gov’t files 'per saltum' for SC to decide Media Law case

Justice Minister Julio Alak announced the national government has filed a “per saltum” legal request to put an end to the constitutionality discrepancies raised over the Media Law’s divestment articles. The court now must decide whether to admit the appeal and, where appropriate, the merits.

"By filing a ‘per saltum’ recourse we intend to hasten proceedings toward a definitive ruling so that a law that has been passed by Congress can be applicable to all media groups", the Minister said.

Likewise, Alak remarked the legal mechanism "seeks a new declaration of constitutionality as the State wants to have a definitive ruling on all matters."

This time, the appeal filed by the Government comes after Clarín Group’s appeal against the ruling by Judge Horacio Alfonso, who declared the “constitutionality” of Articles 45 and 161 of the Broadcasting Law on December 14, was accepted yesterday by the same judge, who also reinstated the injunction that shields the conglomerate from conforming to the clause of large-scale divestment.

Alfonso proceeded to send the case to the Civil Appeals Court, which is now responsible for ruling either to dismiss the appeal or in favor of Clarín Group’s claim that the law is “unconstitutional”, unless the “per saltum” is accepted -in which case the responsibility will fall into the Supreme Court.

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Tags:  Clarin  Media Law  injunction  Supreme Court  per saltum  


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