23 When a question has been raised in a case concerning the validity of a treaty or law approved by Congress or of authority exercised on behalf of the federal government and the decision has been against its validity. 2. When a question has been raised concerning the validity of provincial law, decree, or authority on the grounds that it is contrary to the Constitution or to a treaty or law approved by Congress and the decision has been in favor of the validity of the provincial law or authority. 3. When the meaning of a clause of the Constitution or a treaty or law of Congress, or an assignment exercised on behalf of the national authority has been questioned and the decision has been against the validity of the title, right, privilege, or exemption based on that clause and is the subject of litigation. 88. The appeal is filed with the court that rendered the final judgment, which decides on its admissibility. If it is ruled inadmissible, a complaint motion can be filed with the Supreme Court, which can then grant or deny the appeal under Article 280 of the federal Civil and Commercial Procedure Code, which says: “at its sole discretion, and based only on this norm, [the Court] may reject the [special] appeal for lack of sufficient federal harm or when the questions raised are insubstantial or lacking transcendence.”59 89. The Inter-American Commission already had the opportunity to analyze the compatibility of the extraordinary appeal with Article 8.2.h. in the cited case of Juan Carlos Abella, in 1997. In that report it said that it is an exceptional remedy limited to the federal courts for arbitrary sentences, and its purpose is to guarantee the Constitution’s supremacy: Based on the foregoing, it is clear that the special appeal does not have the purpose of remedying decisions supposedly in error, but only extremely serious omissions or blunders. Bearing in mind that the jurisprudence of the Supreme Court holds that the special appeal does not encompass a review of the procedure, and that the doctrine of arbitrariness imposes a particularly narrow criterion for analyzing its applicability, in practice the special remedy does not allow for legal review by a higher court of the decision or of all important procedural rulings, including the sufficiency and legality of the evidence, nor does it allow for examining the validity of the judgment appealed in a relatively simple fashion. It is a remedy of limited scope, available only on an exceptional basis, whose application is narrow, and therefore it does not satisfy the guarantee whereby the accused may challenge the judgment.60 59 Civil and Commercial Procedure Code of the Nation Article 256: CONSIDERATION.- The special appeal to the Supreme Court shall be considered in the conditions specified in Article 14 of Law 48. Article 257: FORM, PERIOD AND PROCESSING.- The special appeal shall be filed in writing, substantiated as provided in Article 15 of Law 48, with the judge, court, or administrative organ that issued the resolution appealed, within the period of TEN (10) days from the time of notification. After presentation the appeal shall be forwarded for TEN (10) days to the interested parties, notifying them in person or in writing. When the parties reply, or when the time for their reply has expired, the court shall decide on admissibility of the appeal. (…) Article 280.- ORDER FOR ALL PERTINENT FILES. DENIAL OF THE EXTRAORDINARY APPEAL. BRIEFS IN THE ORDINARY APPEAL.- When the Supreme Court is seized of a case by special appeal it shall issue an order for all pertinent files. At the Court’s sole discretion, and based only on this norm, it may reject the special appeal for lack of sufficient federal harm or when the questions raised are insubstantial or lacking transcendence. In the case of an ordinary appeal under Article 254, the file shall be given to the secretariat upon receipt and the source that orders it shall be notified personally or in writing. The appellant must present a brief with TEN (10) which shall be forwarded to the other party for the same period. Lack of presentation of the brief or its inadequacy will signify abandonment of the appeal. After the transfer has been answered or the period for it has expired, all pertinent files will be ordered. In no circumstance shall the case be opened for evidence or the allegation of new facts. 060 IACHR, Report No. 55/97, Case 11.137, Merits, Juan Carlos Abella, Argentina, November 18, 1997, para. 269.