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the action for amparo to contest the application of this decree directly or indirectly.
In addition, a resolution of October 1992 had established that the Commission to
Administer the Patrimony of Congress would not accept complaints concerning the
results of the selection examination.
Once the so-called Democratic Constituent Congress had been installed, it “declared
that the 1979 Constitution was in force, except in the case of the decree laws issued
by the Government. It also declared that the decree laws were in force until they
were revised, modified or derogated” by this Congress. It did not question their
validity.
It was the constitutional procedure of amparo that “suffered the greatest
modifications as of the coup [d’état] of April 5, 1992,” in addition to “the
denaturalization of the procedural system of precautionary measures and […] the
creation of arbitrary grounds for inadmissibility[. …I]n each of the decree laws where
it was considered necessary, the Government began to include a provision that
prevented the use of the amparo procedure to contest the [alleged] arbitrary acts
that were committed.” In this regard, he listed 18 decree laws that contained such a
provision - including Decree Law No. 25640. Subsequently, these grounds for
inadmissibility “issued during the exercise of the de facto regime, denaturalized the
amparo procedure, because they established areas outside jurisdictional control.
Thus, specific international human rights norms were affected.” He also cited a
judgment of the Constitutional Court of April 1997 establishing that “no authority
could prevent individuals from exercising such actions when acts occur that threaten
or violate constitutional rights that could be safeguarded by actions for protection
(acciones de garantía).”
The Constitutional Court did not rule on the validity of Decree Law No. 25640 in this
case, even though it could have “made it inapplicable by means of diffuse control”;
also, it used “an erroneous criterion to calculate time limits.”
Moreover, in this regard, at the time of the facts “it was impossible to file an action
for unconstitutionality, because the justices of the Constitutional Court […] had been
removed from office […]. Also, an action for amparo would have been declared
inadmissible, because the decree law that regulated this matter prevented it.
[…Further still,] the Judiciary was not totally and absolutely independent[, which]
made it difficult for the judges to implement diffuse control.” “All of this affected the
right to an effective recourse before the courts.”
“At the administrative level, it was not possible to raise objections because [the said
Resolution of October 1992 established that] the Administrative Commission […]
would not accept complaints about the result of the examination.” In that regard,
“this norm contradicted the provisions of the Regulations of the General Norms for
Administrative Procedures […] in force [at the time of the facts,] which permitted the
presentation of a recourse for reconsideration against any administrative act that
affected the rights or interests of the individual concerned.”
Expert witness proposed by the common intervenors
h)
Paúl Noriega Torero, economist
He presented the technical calculations corresponding to the alleged loss of earnings
and benefits of the dismissed employees. To this end, he based himself on the pay
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