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April 17, 2022
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Former President of the Judicial Council: "a new law is needed" for its formation

Former President of the Judicial Council: "a new law is needed" for its formation

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The former president of the Judicial Council and member of that body, Diego Molea, said this Saturday that “a new law is necessary” to define the composition of the Judicial Council and assured that “there is no other possible way.”

“I don’t know what is going to happen on Monday, because not all the members are integrated,” he said this Saturday morning in statements to radio 10, alluding to the 120-day period established in a ruling by the Supreme Court of Justice, which expired this Friday, so that the Congress of the Nation passes a law on the integration of the Council of the Judiciary.

In that sense, he explained that “on Monday four of seven” members of that body will be integrated and specified that they are “two lawyers, a judge and a representative of the academic world.”

“There are four technical women, the fifth would be the president of the Court. And two are missing: deputies and senators,” he said and maintained that “Congress now has a judicial resolution that prevents it.”

“On Monday four of seven” members of that body will be integrated

Along these lines, he assured that “Congress should have enacted a new law” and stated that “a new law is necessary, there is no other possible way” to define the composition of the Judicial Council.

“The rulings must be obeyed, a Court ruling is the last word in institutional terms in a country, it is an unappealable ruling and we must comply with it,” he warned and explained that “complying with that ruling meant for the Council of the Magistracy to start calling elections “.

Molea said, in this sense, that “the elections of lawyers, judges and judges were called, the National Interuniversity Council called for the election of a teacher who will be elected on Monday and a deputy and a senator”.

“There is a judicial resolution, with a precautionary measure, that is preventing them from appointing” the representatives of Congress before the Council of the Judiciary, he stated about the decision in that sense of a magistrate from Paraná that was known days ago.

In this context, Molea maintained that, given the expiration yesterday of the term established by the Court for Congress to pass a law on the integration of the Council, “we find ourselves in limbo.”

“There is a judicial resolution, with a precautionary measure, that is preventing them from appointing” the representatives of Congress before the Council of the Judiciary

“Given this, the Council dedicated itself to complying with the ruling and before the last day, the plenary voted on two things: on the one hand, in case there was no law, it determined the election system and electoral regulations for judges and lawyers starting in December, when they all expire, and an emergency regulation,” he explained.

In this way, he expressed that “the Court states that all acts issued by the Council as of April 15, if they are not with the new composition, are null.”

“Given that, we dictated an emergency regulation and delegated to the President of the Council, Alberto Lugones, all the elementary and basic questions to guarantee the service of justice, which can be dictated through the Council,” he said.

Molea assured that “then, on Monday we find an emergency regulation and a delegation to the president” of the Council of the Judiciary.

Likewise, he pointed out that the Court declared “unconstitutional this composition that expired on April 15 because there was a greater incidence of the political sectors than of the technical sectors, that is to say that there was a majority among deputies, senators and representatives of the Executive Power that judges, lawyers and the academic world”.

“In that sense, the Court ruled, saying it cannot be that there can be a quorum with politics alone,” Molea considered.



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