-65-
204(49) On June 11, 1999, the Sala Corporativa Transitoria Especializada en
Derecho Público (Corporate Provisional Chamber Specializing in Public Law) rendered
a decision, declaring the objection to enforce the judgment rendered on July 14,
1998 without merit, on the grounds, inter alia, that:
“the Municipality may not rely on the prohibitions laid down in the 1998 Budget Act to
avoid compliance with a court decision with authority of final judgment […;] legal
authorities generally agree that conduct determined in a final judgment prevails over
conduct prescribed by law, for otherwise the final judgment would be invalidated […].”91
204(50) On May 10, 2000, the Primer Juzgado Corporativo Transitorio Especializado
en Derecho Público (First Provisional Corporate Court Specializing in Public Law)
rendered a decision, declaring the objection to enforce the judgment rendered on
October 16, 1998 without merit, on the grounds, inter alia, that:
“Article 1 of the Political Constitution stresses the importance of the individual over
interests; especially if we take into account that this is not about the creation of a new
job opening, but of the restoration of a right that existed before it was infringed […;]
compliance with the court’s decision does not entail a violation of the regulations
mentioned above, nor does it give rise to administrative responsibility on the officers that
comply with it, insofar as the decision enforced or complied with emanates from a judicial
body […].”92
204(51) In its decisions of June 16 and 22, 1999, the Sala Corporativa Transitoria
Especializada en Derecho Público (Corporate Provisional Chamber Specializing in
Public Law) declared two new objections to enforce the judgment dated July 14,
1998 filed by the Municipality of Lima without merit. The Court, in its decision of
June 22, 1999, ordered “to request, for the last time, the Mayor of the Provincial
Council […] to proceed to reinstate the workers to their jobs, with the same rights
and benefits they enjoyed prior to dismissal, within a delay not exceeding three
days.”93
D)
WITH RESPECT TO THE APPLICATION OF COLLECTIVE BARGAINING
AGREEMENTS
D(1)) Reduction in compensation
204(52) On January 17, 1996, the Municipalidad Metropolitana de Lima (Metropolitan
Municipality of Lima) issued Mayoral Resolution No. 044-A-96, ordering, inter alia,
to:
91
Cf. Order rendered by the Sala Corporativa Transitoria Especializada en Derecho Público
(Corporate Provisional Chamber Specializing in Public Law) on June 11, 1999 (file of appendixes to the
application, appendix 26, folio 1496).
92
Cf. Order rendered by the Primer Juzgado Corporativo Transitorio Especializado en Derecho
Público (First Corporate Provisional Court Specializing in Public Law) on May 10, 2000 (file of appendixes
to the application, appendix 28, folio 1549).
93
Cf. Orders rendered by the Sala Corporativa Transitoria Especializada en Derecho Público
(Corporate Provisional Chamber Specializing in Public Law) on June 16 and 22, 1999 (file of appendixes to
the application, appendix 26, folios 1498 and 1499).