2023-04-19 03:06:05
This week, a bill to amend Law 8802 will enter the Córdoba Legislature, the norm created in 1999 by the Council of the Magistracy and which establishes the process of selection, appointment and removal of judges and officials of the Judiciary of the province.
The change promoted by the official project will aim to establish by law that the Executive Branch must compulsorily respect the order of merit prepared by the Council of the Magistracy following conducting the background and opposition contests, and the personal interviews with the candidates. As explained by the Minister of Justice and Human Rights of the Province, Laura Echenique, this is an express instruction from Governor Juan Schiaretti in order to eliminate all discretion of the provincial law.
The current law establishes that the governor “may” respect the order of merit, but preserves the powers conferred by articles 144 and 157 of the provincial Constitution, which establishes that it is the governor who appoints and removes judges. The objective of the legal change is to make obligatory the respect of the results of the competitions established by law.
“Although both Governor Schiaretti and former Governor José Manuel de la Sota self-militarized by decree and never altered the order of merit when proposing the appointment of judges and officials of the Judiciary, today the law allows for that possibility,” Echenique said. , who stressed that the objective of the reform that will be proposed to the Unicameral is limited to that point: that respecting the order of merit is no longer a voluntary option but mandatory for the highest authority of the Executive Power.
“In the Council of the Magistracy, we have a body that works very efficiently, with representation from all areas and with orders of merit that always came out unanimously. The fact that this order of merit is respected is not only for institutional quality, but also for the protection of equal opportunities for those who participate in the contests and the guarantee of suitability of the judges,” explained Echenique, who stressed that at the national level, the president it can alter the order of merit when submitting the documents of federal judges to the Senate.
In Córdoba, the order of merit established by the Council of the Magistracy is elaborated on the results of the scores that the applicants obtain for their background, their opposition tests and the obligatory personal interviews.
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