President Alberto Fernández informed today that together with the governors of his space they will request the impeachment of the president of the Supreme Court of Justice, Horacio Rosattidue to the conflict with the City of Buenos Aires for co-participation funds.
“I have summoned the governors who accompanied the National State in its petition once morest the Autonomous City of Buenos Aires so that, together, Let’s promote the impeachment of the president of the Supreme Court of Justice of the Nation, Horacio Rosatti, so that his conduct in the performance of his duties be investigated. We will also require that the conduct of the remaining members of the highest court be investigated,” Fernández details in a message of good omens for the coming year, published on the official website of the Pink House.
“I will also order the Minister of Justice and Human Rights to promote the pertinent criminal actions to investigate the alleged acts of corruption that would involve officials from the city of Buenos Aires with business contractors from that autonomous state,” adds the text that also Fernández shared on his social networks.
Fernández refers in this last point to the new leak of the alleged chats of the Buenos Aires Minister of Security, Marcelo D’Alessandro, with businessmen and Silvio Roblesright hand of Horace Rosatti, head of the Supreme Court. After denying the messages, the Buenos Aires official assured that he does not intend to resign from his position and that the alleged exchanges are “false” and that he is the “victim” of an illegal espionage maneuver.
Fernández, in the statement, argues: “I hope that in this year that is beginning, while we are celebrating forty years of democracylet us agree once and for all to build a Rule of Law in which justice punishes those truly responsible without impunity pacts and in which politics forever forgets the corrupt practices that do so much damage to its credibility they have given him”.
The The request to prosecute Rosatti must be presented in the Chamber of Deputies and will then be analyzed by the Impeachment Committee, headed by the legislator of the Frente de Todos (FdT) Carolina Gaillard. If it has an opinion, the signature of more than half of the members of the commission present is needed, the accusation must be approved with two thirds in the session room.
It is the 31 parliamentarians that make up this commission who decide which complaints are admissible and which are discarded. Once a complaint is accepted, it is the Commission itself that initiates a summary and fulfills the role of prosecutor. You can summon witnesses, information to federal judges, request wiretapping or intervention of telephone or text message communications and the statement of the accused official.
With all this, it carries out the investigation that, once it is concluded, the opinion is issued that must have the endorsement of half plus one of the members present. That is, if all 31 are present, at least 16 must give the green light to the opinion.
Only then does it go on to be debated by the plenary session of the chamber, which has 257 parliamentarians. There it is necessary that at least two out of three of those present support the decision to remove the official in question. In this case, to the owner of the Court.
It is in that same session that the plenary session of legislators of the lower house must designate two deputies who will assume the role of accusers before the Senate. It will be the Upper House, which will have the last word and which must decide, with the endorsement of two thirds of those present, whether the head of the Court is dismissed or acquitted. If the 72 senators that make up the body were present, they would need 48 votes.
Until now the impeachment requests have not been opened to investigations, including those once morest Alberto Fernández, because neither the FdT nor JxC manages to reach two thirds of the members present at the session due to the extreme parity that exists in the Chamber of Deputies.
The decision of the Court of December 21, in which it ordered that the national Government pay the city of Buenos Aires 2.95% of the mass of co-participating taxes, was questioned from the National Executive Branch by 18 leaders.
For that a political judgment can be raisedwhether once morest a judge of the Court or a president, a valid cause must first be presented to remove an official: poor performance of their duties or the commission of a crime in the exercise of their duties.
Since he took office, Fernández has already received two impeachment requests from Together for Change. The first of them originated following the criminal complaint once morest the President for having violated the quarantine during the pandemic with a social gathering in Olivos. The second was presented following Fernández’s statements once morest prosecutor Diego Luciani, in charge of accusing Vice President Cristina Kirchner for illicit association in the Roads case.
Currently, Kirchnerism would not have enough consensus to reach that result. The last dismissal occurred in 2005, in the case of court judge Antonio Boggiano.
As for the first stage that takes place in Deputies, in the last five years almost 50 presentations have been made and none has prospered.
“Dear Argentine People:
We are starting a new year. We left behind another one that brought us joy but also imposed the demands of a pandemic that does not end and a war that conditions us, putting the development we so badly need into crisis.
Against the forecasts of many, we have managed to meet the economic objectives that we had set for ourselves. We are working on putting the fiscal accounts in order and we have managed to ensure that our deficit does not exceed the number we had programmed.
We were able to do it in a booming economy that has allowed our gross domestic product to end up growing well above 5%. In this year that is ending we will have registered a record of investments and exports. We were able to overcome the lack of foreign currency and our freely available reserves have grown significantly.
Employment has also grown. Since we took office, registered employment in the private sector grew by 4.1%. This figure contrasts greatly with the four years that preceded us in which private registered employment contracted 3.5%, expelling almost 220,000 workers from their formal jobs.
Today we register an unemployment rate of 7.1%, which is the second lowest since 2003. At the same time, 21 provinces of Argentina observe very low unemployment rates. Work continues to grow in Argentina with a model of development and fiscal regulation.
We have two important challenges ahead. The first is to continue working so that the inflation that we inherited and that was strengthened by the unleashed war continues its downward path. The second, to improve the income of those who work who have suffered a significant loss in the four years that preceded our arrival. Dealing with the last first remains our commitment.
We ended the year enjoying the success of our National Soccer Team. The well-deserved obtaining of the title that for so long was elusive to us filled Argentina with joy in full. All our gratitude to the team of players and to the technical team. They have shown us what we are capable of doing together when the value of convictions appears in us.
Even though all that has been said gives us the peace of mind of knowing that we are on the right path, the worst practices that can be carried out in a Republic that claims to want to preserve the rule of law have recently been exposed.
In the last months we have seen an inadmissible advance of the Judicial Power of the Nation over the other powers of Argentina. Various publications, never contradicted, have exposed what I have been warning for a long time: the scandalous link between part of politics and Justice. You no longer need any special analysis. The behaviors, the dialogues between judicial officials and opposition politicians in which decisions are anticipated and political foundations recommended to be used when judicially deciding cases with undoubted institutional significance, have been impudently exposed to the general astonishment.
Upon assuming my mandate, I swore to observe and enforce the Constitution insofar as it depends on me. I must prevent the Council of the Magistracy from continuing to be manipulated with unusual jurisprudential interpretations that allow the Judiciary to meddle in the decisions of the National Congress. It is my duty to promote actions when the federal system is put into crisis through an unnecessary precautionary measure and the improper proposal of an autonomous city.
I have summoned the governors who accompanied the National State in its petition once morest the Autonomous City of Buenos Aires so that, together, we promote the impeachment of the president of the Supreme Court of Justice of the Nation Horacio Rosatti to investigate his conduct in the performance of their duties. We will also require that the conduct of the remaining members of the highest court be investigated.
I will also order the Minister of Justice and Human Rights to promote the pertinent criminal actions to investigate the alleged acts of corruption that would involve officials from the city of Buenos Aires with business contractors from that autonomous state.
I hope that in this coming year, while we are celebrating forty years of democracy, we agree once and for all to build a rule of law in which justice punishes those who are truly responsible without the mediation of pacts of impunity and in which politics forever forgets the corrupt practices that have caused so much damage to its credibility.
Know that I will fulfill my oath and I will enforce the Constitution.
My best wishes of happiness to each and all of you.
Thanks a lot.
Presidency of the Argentine Nation / Buenos Aires, January 1, 2023″
THE NATION
