President Alberto Fernández and 12 provincial governors denounced this Tuesday an “assault on the Council of the Magistracy” within the arguments that were used to promote the impeachment of the members of the Supreme Court, for the replacement of a repealed law on that body and the controversy over the appointment of advisers to the National Congress.
In it document that will turn to the Chamber of Deputies to boost the jpolitical trial of the members of the Courtthe president and the governors assured that there was an “assault on the Council of the Magistracy”, and denounced the declaration of unconstitutionality of the law approved in 2006 and which was in force until 2021.
In this sense, it was pointed out that in the issuance of that ruling the magistrates decided “arbitrarily declare in force a law that the National Congress had expressly repealedthus affecting the regulatory and legal system of this country and improperly advancing with legislative powers that are expressly prohibited by constitutional mandate”.
“That way, the High Court advanced on the faculties of another Power of the Stategenerating an institutional imbalance with clear consequences: the seizure by assault of a constitutional body, which from the application of that ruling would come to be chaired by one of the members who signed it,” they stressed.
The document adds that “having reinstated the regime of Law No. 24,937, the Court reestablished the provision according to which the President of the High Court will be, at the same time, the President of the Council of the Magistracy (article 10 of said body of rules)”.
The Court declared law 26,080 unconstitutional, which established that the Council was made up of 13 members, and replaced law 24,937, which set the number of members of that body at 20 and that the presidency fell to the presidency of the high court.
In the letter it was stressed that the ruling had the vote of Carlos Rosenkrantz, Juan Carlos Maqueda and Horace Rosati, who “in this way established himself as President of the Council, when elementary ethical rules imposed on him, given the content of the decision that the Court was going to adopt, refrain from taking part in a resolution that obviously involved him directly.”
He also highlighted that said sentence “was handed down just ten days after the National Executive Power submitted a bill to the National Congress on the integration of the Council of the Magistracy, which demonstrates the clear political intention of the Court at the time of solve the case”.
“However, that was not all, since the arbitrary advances of the Court did not cease, but deepened once Minister Rosatti took office as President of the Council of the Magistracy,” he added.
The document addresses the issue of election of senators to the Council and criticizes the decision of the Supreme Court, which gave rise to the amparo presented by Luis Judge who claimed the place of Martín Doñate.
On this point, the President and the governors affirmed that “the Court improperly advanced the autonomy of the Honorable Chamber of Senators, by arbitrarily and authoritatively determining how the blocks in said Chamber should be organized. This implies a clear constitutional violation of the autonomy of the Senate of the Nation and its regulation, which enjoys constitutional roots”, they indicated.
“However, the seriousness of the advances made by the Court do not culminate there. Weeks later, it did the same with respect to the Honorable Chamber of Deputies, with similar arguments, but to resolve exactly in the opposite direction,” they said.
the supreme court did not accept the request to suspend the oath of the four deputies at the request of the president of the Chamber of Deputies, Cecilia Moreau, who made that request based on the ruling of Judge Martín Cormick, who objected to the election of the radical Roxana Reyes.
In this sense, the document indicates that “in frank ignorance of the judicial case in progress” the Supreme Court ordered, on December 15, that the deputies of the FdT Vanesa Siley and Rodolfo Tailhade, Álvaro González (PRO) and the radical Roxana Nahir Reyes.
“That way, the Court also invalidated the resolutions issued by the Presidency of the Chamber of Deputiesin what is shown as another new advance on the autonomy and independence of the Legislative Power, without noticing that it was motivated by -no more and no less- than a court ruling issued in the framework of an amparo pending and specifically motivated in a judgment of the Court itself on the same subject: the integration of the Council of the Magistracy”, they completed.
In the document that they will send to the Chamber of Deputies to promote the impeachment of the members of the Court, the president and the governors asked that the pertinent provisions be made to promote the opening of the process against the ministers Horacio Rosatti, Ricardo Lorenzetti, Carlos Rosenkrantz and Juan Carlos Maqueda.
The 36 page briefs was released by the Presidency after the meeting that the head of state held this afternoon with the governors at the Casa Rosada.
