The Supreme Court’s questioning of the inauguration of Senator Martín Doñate introduced a new factor of conflict in the Council of the Judiciary, which in itself had not been fulfilling its function of selecting magistrates satisfactorily, practically since December of last year when the The highest court ruled that its composition was unconstitutional.
The decision of the Court, which benefited the claim of opposition senator Luis Juez Contrary to what was resolved in the first and second instance, it came days before the mandates of the councilors expire, with which the “political” nature of the ruling is the main analysis in the Council.
Effectively, next Friday the mandates of all the counselors expire, except that of the President of the Court Horacio Rosatti -in turn head of the Council by his own decision last December- and that of the representative of the Executive Power, Gerónimo Ustarroz.
Judges and lawyers elected their representatives and it remains for deputies and senators to send the diplomas of their eight advisers who, due to the intervention of the Court, anticipate a conflictive and inexorably prosecutable process.
The Frente de Todos bloc already anticipated that will insist with Doñate and, along the same lines, the Judge promised that Justice will go if the Vice President and head of the Senate, Cristina Kirchner, does not appoint him.
That is to say, the Council will not function with its full integration until the representation conflict between the ruling party and the opposition is closed.
From politics it seems difficult to resolve when the main blocks in the Council, and their supporters, cannot reach agreements on issues such as the replacements of the transfer maids Leopoldo Bruglia and Pablo Bertuzzi or the candidates for judges in the three vacant courts in Commodore Py.
Everything indicates then that The Doñate-Judge case will once again go through the circuit of the Contentious-Administrative jurisdiction and will return to the Court so that it once again upholds its authority to set the way in which the parliamentary blocs and their attributions are understood.
(S)The vacancy of magistrates, without solutionS()Meanwhile, The Council will continue to be unable to reduce the vacancy of magistrates in Justice, which in some sectors of the system reaches up to fifty percent.
Among the councilors, the problem is present and it is assumed to the extent that reality returns them that the prestige and social consideration of Justice is at a historical minimum.
“There are two councils, one for the poroteo and the thread and the other for management,” they clarify in the Council and point out the achievements in terms of technological updating, building adaptation, training, institutional improvements and others.
While it is true that the Council administers the Judiciary, it is no less true that the main mission of the institution is to democratize and provide for the selection of judges, and there they have had little and nothing to show for a long time.
The Council has been reproducing the consensus crisis of national politics and does not seem to have the resources to get out of the paralysis, although there are some bets that the representatives of the judges and academics will form a nucleus that can overcome the political dispute.
It seems difficult that the relative independence of these two estates can obtain the fourteen votes that are needed in the plenary to raise a list of magistrates to the Executive, but the attempt will be present in a year that is expected to be particularly complex with a race already launched to the presidential election.
