Defensa del consumidor. Declaración de inconstitucionalidad. Publicación de la sanción y reglamentación de la ley.
SUMARIO. En el caso, corresponde declarar la inconstitucionalidad del artículo 17 del Decreto N° 17/GCBA/2003, y en consecuencia, decretar nulidad de la resolución administrativa que decidió aumentar el monto de la multa impuesta en primer término a la empresa de telefonía, en un cien por ciento de su valor primigenio por la falta de publicación de la sanción en el diario. En efecto, los agravios expresados por la recurrente, se dirigen a considerar que el Decreto impugnado, reglamentario de la Ley N° 757 relativa al Procedimiento Administrativo para la Defensa de los Derechos del Consumidor y del Usuario, incurre en un exceso reglamentario ya que incorpora al texto original del artículo Nº 18 de la referida norma un sentido no previsto en sus fines y objetivos.
En este punto, advierto que originariamente el artículo respectivo refiere a la condena accesoria a publicar las resoluciones condenatorias de la autoridad de aplicación de la ley. Luego, en el año 2003, el decreto de marras agregó que “[e]l incumplimiento del presente [la publicación], dará lugar a lo dispuesto en el segundo párrafo del inciso b) del Art. 17 del presente”. Dicho artículo, dispuso “[e]n caso de incumplimiento, la Autoridad de Aplicación podrá incrementar el monto de la multa aplicada, hasta el 100% del valor de la misma”. En este sentido, el referido decreto carece de razonabilidad ya que, pretende, con exceso reglamentario, integrar y complementar la Ley N° 757, fuera de sus fines, agregando una sanción que no se encontraba prevista en la norma originaria (art. 102 CCABA y 28 CN).
Tal como lo ha señalado la Corte Suprema de Justicia de la Nación, la competencia reglamentaria del Poder Ejecutivo –en materia de reglamentos de ejecución- debe orientarse a establecer “los simples detalles” de la ley (Fallos 207:133), o bien “reglar ciertos pormenores o detalles necesarios para la ejecución de la ley” (Fallos, 298:61; 300:271) y, dentro de tales límites, las normas reglamentarias forman parte de la ley misma (Fallos, 190:301).
Cámara de Apelaciones Contencioso, Administrativo y Tributario. Causa Nro.: D66537-2013-0. Autos: TELECOM ARGENTINA S.A. (DISP. 2013-937) c/ GCBA Sala I. Del voto por sus fundamentos de Dra. Fabiana Schafrik 06-07-2015.
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FUENTE: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires. El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia.
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Zune and iPod: Most americans assess the Zune toward the Touch, however right after seeing how slim and astonishingly little and light-weight it is, I attempt it towards be a fairly exceptional hybrid that brings together characteristics of the two the Contact and the Nano. It’s fairly colorful and beautiful OLED exhibit is a little scaled-down than the contact screen, but the participant alone feels Really a bit scaled-down and lighter. It weighs relating to 2/3 as a lot, and is drastically smaller sized within width and top, When currently being merely a hair thicker.
Apple by now incorporates Rhapsody as an application, which is a excellent start off, yet it is currently hampered by way of the incapacity in the direction of shop regionally on your iPod, and incorporates a dismal 64kbps little bit rate. If this changes, then it will considerably negate this advantage for the Zune, but the 10 tunes for every month will still be a substantial in addition within Zune Pass’ prefer.
The Zune concentrates on currently being a Transportable Media Player. Not a website browser. Not a sport machine. Quite possibly inside the future it’s going to do even better in just these areas, however for at this time it really is a Good direction to organize and pay attention toward your new music and flicks, and is devoid of peer in that respect. The iPod’s positive aspects are its world-wide-web browsing and purposes. If these good excess persuasive, possibly it is your best alternative.
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I am going to devices this critique to 2 patterns of Those: present Zune owners who are considering an up grade, and people in america striving in the direction of decide involving a Zune and an iPod. (There are other gamers well worth taking into consideration out there, which include the Sony Walkman X, however I assume this provides on your own enough information to create an aware decision of the Zune vs players other than the iPod line as very well.)
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Zune and iPod: Highest people today review the Zune toward the Contact, nevertheless at the time watching how skinny and incredibly low and light it is, I think about it to be a really exceptional hybrid that brings together features of both the Touch and the Nano. It can be unbelievably colorful and beautiful OLED show is somewhat lesser than the contact screen, nonetheless the participant alone feels fairly a bit more compact and lighter. It weighs above 2/3 as considerably, and is substantially more compact inside of width and peak, though currently being accurately a hair thicker.
I’ll devices this analyze in direction of 2 models of individuals: present Zune homeowners who are taking into consideration an upgrade, and us residents attempting in direction of make a decision among a Zune and an iPod. (There are other players importance looking at out there, together with the Sony Walkman X, still I be expecting this offers on your own enough facts to generate an conscious preference of the Zune vs avid gamers other than the iPod line as effectively.)
I’ll gear this research toward Two styles of americans: latest Zune property owners who are considering an upgrade, and people striving in the direction of make a decision between a Zune and an iPod. (There are other avid gamers significance taking into consideration out there, such as the Sony Walkman X, but I anticipate this delivers you ample info in direction of generate an aware final decision of the Zune vs avid gamers other than the iPod line as perfectly.)
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If you are nevertheless upon the fence: seize your favourite earphones, intellect down in the direction of a Least difficult Invest in and inquire toward plug them into a Zune then an iPod and look at which one particular sounds improved toward you, and which interface can make oneself smile further more. Then you can notice which is instantly for by yourself.
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