Supreme Court declared unconstitutional system of promotion of judges

The Supreme Court of Justice (SCJ) declared unconstitutional the reform of the judicial career decreed in 2019, which establishes a contest and qualification system for promotion in legal positions, reported Search. The sentence assures that there is an interference in the actions of the Supreme Court by the Legislative Power that “is arranging, designing and regulating a judicial career that does not correspond to itbut it is constitutional and exclusive attribution of the Supreme Court of Justice; limiting, restricting the powers that it possesses to regulate and regulate in the matter”.

“The power that the Constitution grants to the SCJ to appoint and promote judges cannot be reduced”indicates the sentence of the Court, made up of ministers of the Court of Appeals, to which it agreed The Observer.

The ruling of the Court, integrated to study this case by judges Claudia Kelland, Álvaro Messere, Edgardo Ettlin, Loreley Pera and Alicia Álvarez, argues that the articles 1, 2, 3, 6, 7, 8 and 10 of the Law No. 19,830 of 2019, which modified the Law No. 15,750 of the Judiciary and Organization of the Courts, invade the “sovereignty” of the SCJ when appointing judgesafter a complaint filed by the Court in 2019.

The articles 6, 7 and 8 regulate the promotions of the judges. The first brand different abstentions that the magistrates must have, such as “expressing and even insinuating their opinion” on cases in which they work, disclosing confidential information or engaging in behavior that casts doubt on their impartiality. The second marks a one-year qualifying period for magistratesand the third indicates that the Court “will establish the order of promotions” according to the bases of the two previous articles.

“It is necessary that the body itself limits the exercise of its powers through the issuance of regulations”reads the document, indicating that the Court has already made decisions of this nature.

Although he acknowledges that “progress must be made” on the path of perfecting “selection and career mechanisms”, The ruling insists that the “The design and regulation of its criteria corresponds constitutionally to the Judiciary.”

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