The deputy for Paysandú, Cecilia Bottino, and Senator Amanda Della Ventura, representing the Frente Amplio legislators, presented to the Ministers of the Contentious Administrative Tribunal (TCA), on Friday, May 26, an “annulment action” against the Resolution No. 556/9/2022 of September 8, 2022 ordered by the ANCAP Board of Directors.
The aforementioned resolution enables the private association in the production and commercialization of portland. In this sense, the legislators request the annulment of the same where investment projects related to the production, purchase, commercialization and distribution of portland cement and lime are determined and the bases for the call for expressions of interest and competitive dialogue.
Fundamentals
Bottino and Della Ventura base the action for annulment by pointing out: ANCAP’s action contrary to the rule of law; inadmissibility of the application of the TOCAF to the challenged association procedure; violation of Article 188 of the Constitution; violation of Articles 4th. and 82 of the Constitution and violation of good administration.
In a republican regime… they also express that the actions of the ANCAP Board of Directors is illegitimate in making said resolution, violating the right to political participation of legislators and does not consider the separation of powers. Paragraph 4 of Article 188 of the Constitution establishes that in order to define an association of a state company with private companies, it is necessary “the absolute majority of the total number of components of each Chamber, will authorize that participation in each case, ensuring the intervention of the State in the Company address. Their representatives will be governed by the same rules as the Directors of Autonomous Entities and Decentralized Services”.
The Resolution adopted by ANCAP contravenes what is established and prevents legislators from controlling and legislating as established by the constitutional mandate
Secretary of the deputy Bottino
