Authorities of the Council of the Judiciary called a press conference on the recent process of selection and integration of the short lists of candidates for the positions of members of the Superior Court of Electoral Justice (TSJE). Óscar Paciello, president of the Council, was the one who started the conference and gave more details.
During his oratory, he fell into contradictions by stating that they strictly complied with the regulations, however, he also pointed out that they made a mistake by rejecting the request for reconsideration of the applicant Gustavo López.
TWO POINTS IN QUESTION
The first of the two most criticized points during the selection process was the inclusion of the candidate Gustavo López Benítez, at the end of the contest, despite the fact that he no longer reached the minimum number of points necessary for not having delivered all the required documentation. in time and form.
Paciello confessed, on this point, that they made a mistake in not qualifying the candidate and that they were exposed to lawsuits if they were not rectified.
Article 11 of the regulations approved by the same Council of the Judiciary for this contest was issued, which establishes that without prejudice to the documents required at the time of application, the applicant may expand their file that makes their curricular background within the period coinciding with the of the summons.
As the call ended on March 28, 2022, the applicant attached the missing file (accreditation of the years of teaching) the following day, Friday, March 29 at 1:35 p.m. The first material delivered was illegible, which is why it was rejected.
The Judicial Council did not take into account that the applicant at that time works and resides as an electoral judge in Concepción. Taking into account that article 63 of the same regulation establishes that in terms of expirations, what is established in the Civil Procedure Code will additionally govern, which establishes, in turn, that one day will be extended for every 50 kilometers between the place of residence and the place of the delivery of the materials.
López Benítez, made the claim for this presentation again when the Council of the Judiciary published the preliminary scores indicating that he had already presented this record and claimed the points that the Council had not awarded him. This claim has been the object of treatment in the session of May 18 and in the session of the following May 21 the request for reconsideration was granted.
“We have made a mistake and we have not attended to the claims. Mr. López Benítez could claim the annulment of all the proceedings. Because the council would have acted against the regulation and the Civil Procedure Code. This has been considered by the members for which they were awarded the five points it deserved and that the plenary could not rectify it”, Paciello commented.
OTHER NEGLECTED CLAIMS
Paciello pointed out that a similar claim was made by the applicant Carlos María Aquino, but since he resides in Asunción, the extension of the term could not be applied due to the argument of distance.
“Article 64 of the regulation empowers us to be able to rectify our mistakes,” he said.
SECOND POINT IN QUESTION
Regarding the criticism regarding the integration of the shortlists, since the best scores were in the first shortlist while the worst scored in the second, he replied that this is not regulated and that they should go alternately.
POSSIBLE REJECTION
When asked about the possible rejection of the Senate for the short lists, he replied that Law 5208/2014 does not empower the Upper House to be able to return or reject them.
Precisely in the Chamber of Senators, Óscar Salomón was addressed on this point. He pointed out that there are conflicting positions in the official caucus. And he informed that on Thursday, at the end of the session, they will meet again as a bench and make a decision. But it is most likely that the votes will end up being released.
“Not everyone has the same criteria. There are some who do not agree, but want to choose between the candidates, ”she stated.
The official bench in the Senate is made up of 11 legislators. While Chartism has 7 senators.
“If there is no consensus, we will release the votes,” he concluded.
