| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| December 15. 2022. | No. FMZ 8704/2020/1/RH1 | Supreme Court of Justice of Argentina | State immunity | TheSupreme Court of Justice of Argentina dismissed a claim for damages from the Peoples Republic of China for the harms caused for Argentinian citizens with the insufficient control over the Covid-19 pandemic. | An NGO turned to the judiciary of Argentina claiming damages from the Peoples Republic of China for the harms caused for Argentinian citizens with the insufficient control over the Covid-19 pandemic. The first and second distance courts declared the lack of their jurisdiction, which was also confirmed by the Supreme Court of Justice. The applicant held that the responsibility for the Covid-19 pandemic shall fall under the exceptions from state immunity provided by international law, also incorporated into the Argentinian Constitution. However, the Supreme Court of Justice held that the conduct of the Chinese authorities shall not be classified under any of the exceptions, therefore, the Argentinian judiciary has not jurisdiction to hear the merits of the case. | https://www.diarioconstitucional.cl/wp-content/uploads/2022/12/N%C2%B0-Expediente-FMZ-870420201RH1.pdf | https://www.covid19litigation.org/news/2023/02/argentina-court-refuses-hear-action-damages-brought-against-china-spread-covid-19 | ||
| 07.12. 2021 | FSA 21000338/2011/CS1 | Supreme Court of Justice of Argentina | Procedural law, Rule of Law, Due process | Claim rejected | The defendant applied for a declaration of forfeiture because the statutory time-limit had expired and neither the opposing party nor the judge had established a judicial momentum which would have allowed the proceedings to continue. The court rejected the application for a declaration of loss of rights, arguing that there was no procedural impetus, since the judiciary had ordered a judicial recess because of the pandemic, and that this period could not be counted for the purposes of loss of rights. The Court implicitly applied the principle of the rule of law by determining that, according to the rules already existing in Argentine law, the time elapsed during a judicial recess could not be calculated for the purposes of a forfeiture. Compliance with these rules also means the Court implicitly applied the principle of due process with respect to judicial guarantees of due process, such as the restrictive application of the forfeiture figure. | https://www.diariojudicial.com/public/documentos/000/099/838/000099838.pdf | https://www.covid19litigation.org/case-index/argentina-supreme-court-justice-fsa-210003382011cs1-2021-12-07 | ||
| 04.05. 2021 | CSJ 567/2021 acción declarativa de inconstitucionalidad | Supreme Court of Justice of Argentina | Scope of powers of public authorities, Right to education, Right to health | Claim upheld. | Due to the Covid-19, a Federal Decree (DNU 241/2021) ordered the suspension of school activities and in-person classes. The Government of the Autonomous City of Buenos Aires filed an action claiming the unconstitutionality this decree. The basis of this claim was that the Federal Government was exceeding the scope of its powers since the provincial authorities are the ones entitled to regulate health and education matters at the provincial level. The Supreme Court of Justice concluded that the Federal Government exceeded its competence. | https://www.covid19litigation.org/sites/default/files/node-case/2021-11/argentinanations-supreme-court-justice4-may-2021.pdf | https://www.covid19litigation.org/case-index/argentina-national-supreme-court-justice-csj-5672021-accion-declarativa-de | ||
| 12.03.2021 | No. 1828/2020 | Supreme Court of Justice of Argentina | Vaccination, Healthcare management, Scope of powers of public authorities | Claim upheld. | The Claimant had to visit her mother who was in the Province of Formose and was in very delicate health condition. The Claimant could not visit her mother urgently because the Province of Formosa had decreed measures requiring all persons who wanted to enter the territory to spend 14 days in quarantine. According to the Claimant this measure violated her right to freedom of movement. The Court concluded that this Decree was an unreasonable limitation on accompanying a sick family member and did not fit the emergency. Therefore, it granted the claimant's request. | https://www.argentina.gob.ar/sites/default/files/bj_ecae5_marzo_0.pdf | www.argentina.gob.ar | https://www.covid19litigation.org/case-index/argentina-supreme-court-justice-no-18282020-2021-03-12 | |
| 19.11.2020 | L. C. y otro c/Provincia de Formosa s/Amparo Colectivo | Supreme Court of Justice of Argentina | Freedom of movement of people | Claim upheld. | During the Covid-19 pandemic, The Province of Formosa established a program to manage access to the Province. The objective was to prevent the spread of the pandemic by controlling and checking persons entering. The entry requests took very long to be processed, in some cases, over four months. The Plaintiffs requested a precautionary measure to be issued ordering the Province of Formosa to order the immediate entry of the stranded residents into the provincial territory. The Supreme Court decided a time limit, that the Province of Formosa has to grant access to its territory to all applicants within a maximum period of fifteen working days from the date of the judgment. | http://www.saij.gob.ar/corte-ordena-provincia-formosa-permita-ingreso-personas-varadas-pandemia-covid-19-nv27118-2020-11-19/123456789-0abc-811-72ti-lpssedadevon | https://www.covid19litigation.org/case-index/argentina-supreme-court-justice-nation-l-c-y-otro-cprovincia-de-formosa-samparo |
https://www.diariojudicial.com/nota/87939 https://aldiaargentina.microjuris.com/2020/09/17/fallos-habeas-corpus-la-corte-pidio-a-la-provincia-de-formosa-que-informe-cual-es-la-situacion-de-los-varados-en-la-ruta-y-cuales-son-las-medidas-y-protocolos-adoptados-que-impiden-su-ingreso-al-ter/ https://www.studocu.com/es-ar/document/universidad-de-buenos-aires/derecho-constitucional/lee-carlos-formosa-amparo-pandemia-cuarentena-formosa-principios-de-razonabilidad-y-proporcionalidad/25486803 https://www.hrw.org/news/2021/03/26/argentina-abusive-covid-19-measures-northern-province https://www.spiegel.de/international/world/criminalizing-the-sick-argentina-s-authoritarian-corona-regime-a-4fa508b0-e4b1-4be6-bf64-6964b99cbdaa |
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| 29. 10. 2020 | P. N., L. C. c/Provincia de Formosa s/Amparo, CSJ 592/2020 | Supreme Court of Justice of Argentina | Freedom of movement of people | Claim upheld. | Due to the public health reason, the public authorities agreed on the Province of Formosa's closure. The consequence of this measure was that some people have not been allowed to enter the Province of Formosa. An habeas corpus application was lodged by several of those citizens. The plaintiffs claimed the unconstitutionality of the health measures adopted and requested precautionary measures consisting in the immediate access to the province of Formosa. The Supreme Court of Justice of Argentina ordered the province to report about the measures taken regarding people who could not enter the concerned area. | http://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-petcoff-naidenoff-luis-carlos-formosa-provincia-amparo-habeas-corpus-fa20000175-2020-10-29/123456789-571-0000-2ots-eupmocsollaf | http://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-petcoff-naidenoff-luis-carlos-formosa-provincia-amparo-habeas-corpus-fa20000175-2020-10-29/123456789-571-0000-2ots-eupmocsollaf | https://www.covid19litigation.org/case-index/argentina-national-supreme-court-p-n-l-c-cprovincia-de-formosa-samparo-csj-5922020-2020 | |
| 10. 09. 2020 | Maggi Mariano c/Provincia de Corrientes | Supreme Court of Justice of Argentina | Freedom of movement of people | Claim upheld. | The plaintiff's mother received cancer treatment in the Province of Corrientes, but the plaintiff and his mother lived in a different city. In order to avoid continuous travelling, they decided to rent an apartment for the plaintiff's mother. Before their decision, they had been allowed into the province of Corrientes. The mother had an authorization as an oncological patient and the plaintiff was also authorized to travel as the person designated to accompany her. But after they rented the apartment the public authorities of Corrientes refused the plaintiff to enter the province and access on the grounds that he was not accompanying an oncological patient. The Supreme Court of Justice of Argentina concluded that the Province of Corrientes should allow access to the plaintiff so that he can assist his mother, who is undergoing cancer treatment as it appears with sufficient clarity that the actor's situation falls within the case of exception to the social, preventive and mandatory isolation during the pandemic. | http://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-maggi-mariano-corrientes-provincia-medida-autosatisfactiva-fa20000104-2020-09-10/123456789-401-0000-2ots-eupmocsollaf | http://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-maggi-mariano-corrientes-provincia-medida-autosatisfactiva-fa20000104-2020-09-10/123456789-401-0000-2ots-eupmocsollaf | https://www.covid19litigation.org/case-index/argentina-national-supreme-court-maggi-mariano-cprovincia-de-corrientes-2020-09-10 |
https://filadd.com/doc/fallo-maggi-mariano-c-corrientes-provincia-de-s https://www.mpf.gob.ar/dictamenes/2020/LMonti/agosto/Maggi_Mariano_FRE_2237_2020.pdf https://cijur.mpba.gov.ar/novedad/2127 https://www.eldial.com/nuevo/nuevo_diseno/v2/fallo4.asp?id=52758&base=14 http://www.ceprocesales.org/files/doctrinas/2021-04/pdf/97-1617707104.pdf http://mendozalegal.com/omeka/items/show/193 https://www.comparativecovidlaw.it/argentina-2/ |
| 10. 09. 2020 | CSJ 592/2020 | Supreme Court of Justice of Argentina | Scope of powers of public authorities, Freedom of movement of people | Claim partially upheld. | The Province of Formosa created the COVID-19 Council for Comprehensive Emergency Attention, which was granted the power to take preventive measures. The Council decided to suspend entry into the province until the implementation of the blocking and control protocols were completed. Seven people filed a habeas corpus, because they were prevented from entering the Province as they stated that their rights to movement, life, and health causing them sever inconveniences. Therefore, they requested a declaration of unconstitutionality from the Supreme Court Justice and precautionary measures for the immediate cessation of the acts that were harmful to their rights. The Court has ordered Formosa to provide information promptly regarding the measures taken in relation to the people who were prevented from entering the province but has not ordered the precautionary measures. | https://www.diariojudicial.com/public/documentos/000/092/695/000092695.pdf | https://www.covid19litigation.org/case-index/argentina-supreme-court-justice-csj-5922020-2020-09-10 |
https://www.cepal.org/sites/default/files/publication/files/46698/S2000893_en.pdf https://lexatlas-c19.org/formosa-provincial-executive-unbound/ https://ar.vlex.com/tags/amparo-costas-155367 http://www.colectivoderechofamilia.com/covid-19-resoluciones-acordadas-circulares-de-tribunales/ |
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| 24. 04. 2020 | CSJ 353/2020/CS1 | Supreme Court of Argentina | Virtual sessions, Parliament | Claim rejected | The President of the Senate of the Nation, requested the Supreme Court a declaratory judgment against the National Government on the legality of the Senate to hold virtual sessions. She grounded her petition in the exceptional situation originated by the global propagation of COVID. In view of such, the petitioner claimed that the pressing need to legislate on tax matters to respond to the economic consequences generated by the pandemic, called for an urgent resuming of Congress activity. She explained that the possibility of holding sessions virtually should be allowed in this exceptional context with a platform that enables the identification of senators, their participation in the debate, transparency in the voting, and the verification of the constitution of quorum. The paralysis caused by the public sanitary emergency demands the institutions of the Argentine Republic to develop the necessary mechanisms to ensure the fulfilment of their duties. Therefore, the request was rejected in limine since it does not constitute a justiciable case or dispute which allows the intervention of the Supreme Court, but a merely consultative request, which is outside the original jurisdiction of the Supreme Court.
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https://www.mpf.gob.ar/dictamenes/2020/ECasal/abril/Fernandez_Cristina_CSJ_353_2020_CS1.pdf |
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https://www.lavoz.com.ar/politica/cristina-kirchner-sobre-sesion-virtual-del-senado-esto-recien-empieza/ https://www.cronista.com/economia-politica/Cristina-Kirchner-El-Congreso-ya-puede-sesionar-virtualmente-y-nadie-podra-cuestionar-la-modalidad-20200425-0006.html https://www.infobae.com/politica/2020/04/22/cristina-kirchner-insiste-en-realizar-la-sesion-virtual-en-el-senado-e-impulsa-cambios-en-el-impuesto-a-las-ganancias/ https://www.perfil.com/noticias/politica/historica-sesion-virtual-en-el-senado.phtml https://eleconomista.com.ar/politica/el-senado-comenzo-primera-sesion-virtual-historia-parlamentaria-argentina-n34048 https://www-telam-com-ar.translate.goog/notas/202005/463275-senado-sesion-virtual-coronavirus-remoto-dnu-cristina-kirchner-coronavirus.html?_x_tr_sl=es&_x_tr_tl=hu&_x_tr_hl=hu&_x_tr_pto=sc |
