The judge in Federal Administrative Litigation, Pablo Cayssials, rejected this Saturday the amparo appeal presented by the senators of the PRO, Luis Juez and Humberto Schiavoni, to be appointed as titular and alternate representatives by the Senate before the Council of the Judiciary judicial sources reported.
The magistrate’s ruling expressed his rejection of the “amparo action” presented by the senators of the opposition coalition.
Judge and Schiavoni had judicialized the appointments made by the Senate for the Council of the Judiciary after the vice president, Cristina Fernández de Kirchner, appointed the official senators, Martín Doñate and Guillermo Snopek, representing the second minority of the upper house from the division in two of the block of the Front of All: Citizen Unit and National and Popular Front.
The dispute over the integration of the Judicial Council It began after the expiration of the term that the Supreme Court of Justice had set for Congress to sanction a new law for the body that participates in the selection of judges.
As this new law has not yet been sanctioned (there is a project with partial sanction by the Senate that is in the Chamber of Deputies), the Court executed its ruling of last December in which it was ordered that, provisionally, the Council of the Judiciary was once again made up of 20 members, instead of 13, which meant adding, among others, a deputy and a senator from the second minority in each chamber.
Last Thursday, the director of Legal Affairs of the upper house, Graciana Peñafort, had submitted a letter to the magistrate to reject the protection of the PRO senators.
In that text, the lawyer pointed out that “the judicial proposal that concerns us entails the intention that VS (your honor) proceed to subvert the constitutionality control system by resolving a ‘political’ question inherent exclusively to the scope of the Legislative Power.”
In this sense, the lawyer had pointed out that “the mere disagreement with the temperaments adopted in the framework of the democratic exercise of the exclusive and exclusive powers of the Legislative Power does not allow or evidence the existence of any legal controversy that involves the intervention of the Judicial Power on the exercise of the powers of another Power of the Republican State”.
