The Minister of Justice, Martin Soria, spoke a few days ago that there was the possibility that the national government would modify via Decree of Necessity and Urgency (DNU) the current model of Council of the Magistracy. It only took a couple of hours for the Pink House came out to cool that possibility in the midst of the crusade for the impeachment of the Cut.
But Kirchnerism seems to resist. It is two of his political swords came out to ratify, in line with what Soria had said, that it was possible to modify the body in charge of selecting and judging the behavior of judges in the country.
It is worth remembering that in December 2021, the Supreme Court revived a repealed law that restored the Council to its previous conformation of 20 members, with the president of the High Court also at the head of that key organ of the Power of attorneywhere a million-dollar box is also administered for the payment of salaries and maintenance of the infrastructure.
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“The DNU establishes what a law today could not because we do not have the majority to impose. The DNU has the force of a law, and it only has restrictions in four matters: criminal, tax, electoral and political parties,” said this Friday, January 13, the counselor of the Magistracy and labor lawyer Hector Pedro Recaldeone of the judicial swords closest to Kirchnerism.
For the avoidance of doubt, in statements to the Radio AM 750 He said that “the President of the Nation has powers to advance in this matter”, in relation to the Magistrate. “In legal terms, there is a possibility that a DNU will come out, is established by article 99 inc. 3 of the National Constitution”.
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But Recalde is not the only one who joined the clamor for a DNU so that the Judicial Council leaves its current model fixed in a Court ruling. Who also intends a new scheme with Horace Rosatti -and any other courtly president- outside the Presidency of the organization, it is Theresa Garcia.
The provincial senator of Front of All He also expressed it in an interview with the same medium. “We are in a very serious institutional process“, he analyzed.
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Immediately, he maintained: “I do not believe that there is a will in the Executive to issue a Decree with the modification of the Court. It does seem to me that is in a position to issue a DNU regarding the Council of the Magistracy“.
García indicated that the Council “is the only body that governs the conduct of judges, that says when there is misconduct and when there is not. It is integrated but not formally constituted, the integration of the Senate is missing. Until that happens, the action of the Council will be paralyzed“.
The legislator argued that in the case “There is a need and also an urgency” because “we cannot continue with that paralyzed”.
Regarding the reaction that the opposition could have before a possible decree of these characteristics, García maintained that “there are moments in which the DNU, even though they are questioned, are a power of the Executive to solve issues. If there is no will of the parties or of Justice itself I believe that it is already an obligation of the Executive to do so“.
What had Soria said?
In an interview in Futurockthe Minister of Justice He had discussed the issue in legal termsjust like Recalde did this Friday.
“Article 99 (of the Constitution), which speaks precisely of the DNU, at no time does it prevent a DNU from being carried outespecially when the Supreme Court itself in that unusual ruling of December 16, 2021, which is a crucial date, because never before in Argentina had judges been encouraged to revive a law repealed by Congress. And why was it repealed? To get to manage the Council of the Magistracy”, Soria had said.
Before, the minister had added responsibility to the opposition through a comparison that he established between the aforementioned body and the Chamber of Deputies. “We have to think that the blockade of the Council of the Magistracy It is neither more nor less than what is happening to us today in Congress“, he opined.
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