Vice President Cristina Fernández de Kirchner shared this Saturday on her social networks an opinion column by national deputy Leopoldo Moreaupublished by the newspaper Página/12, which describes the responsibility of the Supreme Court and its head, Horacio Rosatti, in the paralysis of the Judicial Council.
“In just four paragraphs, the truth of the Milanese about the responsibility of the Court in the institutional conflict. Deputy Leopoldo Moreau is very clear,” the former president wrote on her official Twitter account, accompanying the message with four screenshots in which you can read the text.
The article signed by Moreau is entitled “The scandal that caused the Supreme Court”and the deputy recalled that “on more than one occasion” it has been pointed out “the dangerous escalation that the highest levels of the Judiciary have been leading”.
In only 4 paragraphs, the truth of the Milanese about the responsibility of the Court in the institutional conflict. very clear the deputy @MoreauLeopoldo pic.twitter.com/2RO7ymm1hI
— Cristina Kirchner (@CFKArgentina) December 17, 2022
For the deputy, the members of the highest court meddle “in the powers of the National Executive Power and the Legislative Power.”
“Sometimes, this interference takes the form of precautionary measures that paralyze or neutralize decisions adopted by the National Executive Power, aimed at benefiting the general interest,” said the also head of the Bicameral Commission for Monitoring Intelligence Activities.
And he added that in other cases “The Supreme Court of Justice of the Nation subrogates the powers of the Legislative Power in clear violation of those granted by the National Constitution, with a severe affectation of the rule of law”.
“This is the specific case of the design of a court ruling aimed at configuring a new format for the Council of the Magistracy,” Moreau wrote.
Currently, the Council has twenty members and is chaired by Judge Rosatti, President of the Supreme Court
The Supreme Court declared unconstitutional in December last year the reform of the Council of the Magistracy that reduced in 2006 from 20 to 13 the number of members of the body in charge of appointing and removing judges.
The Court gave Congress a period of 120 days to sanction a new rule on the composition of the Council of the Magistracy, a time limit that the Legislative Branch did not comply with, and consequently, The highest court ordered the restoration of the norm that was in force until 2006.
Currently, the Council has twenty members and is chaired by Judge Rosatti, President of the Supreme Court.
“Beyond declaring, after 16 years of validity, the unconstitutionality of the law with which this body worked throughout all those years, the Supreme Court, in what seems like a decision even tailored to its own head, was resurrected to astonishment of a vast majority of jurists a law that had been repealed by the National Congress,” Moreau pointed out.
The article signed by Moreau is entitled “The scandal that caused the Supreme Court”, and the deputy recalled that “on more than one occasion” it has been pointed out “the dangerous escalation that the highest levels of the Judiciary have been leading”
For the deputy, the highest court managed to assume “legislative powers that are expressly prohibited from exercising, giving rise to a conflict of powers.”
Moreau held that Based on this “jurisprudential nonsense”, the highest court tried to “interpret the operating and decision-making rules of both chambers of Congressexercising a kind of police power over the regulations that govern its operation”.
Moreau referred to the fact that currently the Judicial Council does not have representatives from Congress as a result of the Court questioning the division of the Frente de Todos (FdT) bloc in the Senate, which claimed representation by the second minority in the body that appoints the magistrates.
Through an agreement signed by Rosatti and his peers Carlos Rosenkrantz and Juan Carlos Maqueda, the Court ordered the incorporation into the Judicial Council of the four representatives of the Chamber of Deputies whose swearing-in will finally take place next Wednesday, December 21
Through an agreement signed by Rosatti and his peers Carlos Rosenkrantz and Juan Carlos Maqueda, the Court ordered the incorporation into the Judicial Council of the four representatives of the Chamber of Deputies whose swearing-in will finally take place next Wednesday, December 21.
However, it still takes into consideration the lawsuit opened by the national senators appointed to the Council.
“In these days in which the Judiciary is undergoing the most embarrassing scandal in memory throughout history, it would be healthier to reconstitute its prestige if the highest instance of the Courts turned to exercising its powers of superintendence” , is highlighted in the text published by Página/12.
The text closes by calling “put in order serious ethical and moral misconduct that beyond the criminal consequences that these behaviors may bring, restores the dignity and independence of the judiciary in all its instances”.
