The Supreme Court of Justice refused to separate its president, Horacio Rosatti, from the processing of the lawsuit that the Government of the City of Buenos Aires promoted against the National State for the redistribution of Police funds, judicial sources reported today.
The decision was made in the case initiated after the decree of the National Executive Power 735/2020, called “Fund for the Fiscal Strengthening of the Province of Buenos Aires”.
The “original” trial was filed before the Court, the National State requested that Rosatti excuse himself and, in the event that he did not do so, raised his recusal for fear of lack of partiality.
According to records of the case, the request was based on “having become aware through a newspaper publication that a collaborator of the said magistrate would have attended a social event in which officials from the Government of the City of Buenos Aires would also have participated”.
For the National State “the denounced fact acquires relevance due to the role of the magistrate himself at the time of the tdecision-making in this case, which could be affected by the detailed situation”.
The Court, with the votes of its vice president, Carlos Rosenkrantz, and the ministers Juan Carlos Maqueda and Ricardo Lorenzetti considered “inadmissible” the request for excuse, because it is a power “outside the procedural activity of the parties”.
Regarding the appeal, Rosenkrantz and Maqueda noted that it is a “exception mechanism” and to “extraordinary cases”taking into account that its application causes the displacement of the natural judge of the case”, while Lorenzetti considered it “extemporaneous”.
