The Council of the Magistracy analyzes possible scenarios for when it is fulfilled next week within 120 days which fixed the Supreme Court of Justice for what the body that elects, removes and sanctions the magistrates change its composition and add representatives of the technical bodies.
The lawyers and judges have already complied with the highest court and chose the lawyers on Tuesday Jimena de la Torre and Maria Fernanda Vazquez; and on Thursday it was the turn of the magistrates who voted mostly for the civil judge Agustina Diaz Cordero to join the Council.
It then remains that the National Interuniversity Council (CIN)which brings together the rectors of the national universities, designates its representative on Monday 18, so that the technical staff is completed and thus meet the demand for return to an integration of 20 members from the current 13.
The Court ordered a period of 120 days, which will be fulfilled next Friday the 15th, -which is a national holiday due to Good Friday- so that the Council balance your composition between technical members (lawyers, judges and academics) and politicians (legislators and representative of the PEN), returning to the integration of 20 members of 2006 or through a law of Congress that considers this parity that the Constitution indicates.
The Senate gave half sanction last week to a proposal of 17 members, without the presidency in charge of the President of the Court, at this juncture Horacio Rosatti, as established by the law in force until 2006, when it was reformed at the initiative of Kirchnerism and reduced its members to the current 13.
But in the Chamber of Deputies They have already warned that the project will not be discussed and voted on, taking into account that next week is short due to the non-working days of Easter.
In the ruling of mid-December of last year, the Court set the deadline at four months and noted that If the body did not adapt once the date was fulfilled, its decisions would be null.
Based on this announced expiry date, the directors analyze Possible scenarios to anticipate the dynamics that the Council will have as of Monday 18.
In principle, the councilors wait for some signal from the Court, which could come from the call for the new elected councilors, the lawyers, the judge and eventually the academic representative to swear in.
If the Court decides not to convene the elected councilors for the oath, and therefore does not return to the integration of 20 members before the deadline, the Council would be annulled to make decisions that have to do with competitions to fill vacancies in courts, sanctions and administrative acts, among other powers.
The third scenario handled by the directors is that effectively the national deputies approve the law with half sanction of the Senate and the Council is finally integrated with the mandate of the Court.
The reading in the Council, in the sector closest to the Government, is that the Court’s ruling is a political initiativewhich would place Rosatti at the head of a key judicial institutionand that basically challenges the political class because it questions its representation.
“The ball does not hit the field of the Court, nor of the Council,” a judicial source told Télam who also assures that the highest court will enforce its ruling no other chance.
The reproach of the Court is for the policy that failed to sanction the law in these 120 days nor to elect their representatives by the third minority to adapt to the representation of the law in force until 2006.
As proof that there is a lack of will, the Court recalls, not without some remorse, that when the same court tried to benefit the repressors with the two-for-one, both chambers of Congress approved a law in this regard in 48 hours.
On Monday, the Council will resume the fourth intermission of the plenary of members with the usual exchanges, without the “due date” of next Friday being on the agenda, but as it is an eminently political body, it is likely that the discussion will get involved and the postures.
