Bases Law and the Consumer Protection Law

SUMMARY

Law 27742 of Bases and Starting Points for the Freedom of the Argentine People, in force since July 9, 2024, amended the processing of direct appeals under the Administrative Procedure Law 19549, added its new section 25 bis, and reformed the special regime of the Consumer Protection Law 24,240.

 

On July 9, 2024, and following its enactment through Decree 592/2024 and its publication in the Official Gazette, Law 27742 of Bases and Starting Points for the Freedom of the Argentine People, passed by the National Congress last June 27, came into force.

The Bases Law introduced significant modifications and new provisions in the processing of direct appeals provided in Law 19549 of Administrative Procedures, thus modifying the special regime established in the Consumer Protection Law 24240.

The Administrative Procedure Law establishes in its  new article 25 bis:

1. A period of 30 judicial working days to file a direct appeal against the administrative resolution imposing the sanctions, repealing the ten day period provided in the Consumer Protection Law.
2. That the administrative authority must submit the file to the competent judicial court within five days, repealing the longer ten day period provided in the Consumer Protection Law. It is now also established that the authority cannot reject the appeal's admissibility.
3. The possibility of submitting documentary evidence and offering all other types of evidence when filing the direct appeal, leaving it to the court to assess its admissibility in the specific case.
4. That the prior payment of the fine cannot be required as a formal condition for admitting the judicial appeal, thus repealing the obligation established in article 45 of the Consumer Protection Law.

These provisions apply exclusively to resolutions the enforcement authority issues at the federal level.

 

Frequently Asked Questions
 

What did the Bases Law change regarding direct appeals?

It amended the processing of direct appeals under the Administrative Procedure Law 19549 and added section 25 bis, which governs the term and conditions for filing them.
 

When did Law 27742 enter into force?

It entered into force on July 9, 2024, following its enactment through Decree 592/2024 and its publication in the Official Gazette. It was passed on June 27, 2024.

What did the Bases Law change in the Consumer Protection Law?

It reformed the special regime of Law 24,240 regarding the processing of appeals against sanctions issued by the enforcement authority.