After a month of court fairin the middle of the week it restarts the activity in the Supreme Court in a year that for Justice will be marked from the outset by the impeachment that drives the front of allthe investigation against the right hand of Horace Rosati, Silvio Robles, and the presidential elections. In addition, in a month the period of ordinary sessions in Congress begins and there are doubts about whether the courtiers will go to listen to the president’s speech.
This Wednesday, Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti They will face the beginning of a new year in their offices on the fourth floor of Talcahuano 550.
I will do it in context a little more aggravated than the one they had last yearwhen the relationship with the Executive was already damaged – even with the deepening that the first visit of the Minister of Justice had left martin soria and its rain of questions.
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Now we must add to this the anger of a large part of the governors aligned with the ruling party who did not like the precautionary favorable to CABA for the co-participation and the impeachment push. However, the courtiers reaped the support of Together for Change and large companies that asked to stop what they consider an “attack on the independence of the Judiciary.”
The fact that the Frente de Todos does not have the necessary numbers to advance the process in the plenary session of the Chamber of Deputies is a point of tranquility at least momentarily.
So are the low chances that the ruling party has of winning this year’s elections and getting a better number of deputies, which will position it closer to the two-thirds required to advance prosecution and a subsequent dismissal, a chance that these days is not even mentioned.
The Court facing the political trial
In any case, in the commission treatment, the ruling party has cards in its favor and the decision to use them is firm. They want to summon the four courtiers who are being targeted, although the most targeted is Rosatti. In Deputies they maintain that They are not required to appear.
The same happened with Robles, denounced for the leak of the alleged chats that they would have had with the Minister of Security and Justice on leave, Marcelo D’Alessandro.
Regarding that, Comodoro Py has just dismissed a complaint against the court official, a decision that was made by the judge Sebastian Ramos and the prosecutor Carlos Stornellithat in his opinion he was based on the same arguments as the Chamber of Cassation Ana Maria Figueroa expressed to reject the opening of the case for the memorandum with Iran against Cristina Kirchner: cannot be incorporated evidence obtained through illegal maneuvers.
But last week the one who took the post was Axel KicillofBuenos Aires governor, who filed a complaint similar to the one dismissed in the Federal Court that handles Alejo Ramos Padilla in La Plata. For the pro-government ranks it is more of a guarantee than any other of the Retirement courts, but nothing guarantees that this case will not end up in the office of one of the 12 Buenos Aires federations.
But we must not stop paying attention to how the political trial is triggered with respect to Lorenzetti. Is that the former president of the Supreme Court for eleven yearss has another request against him by the Civic Coalition (CC) Delaware Elisa Carriowhich has it in a privileged place in the list of its historic battles.
“Our accusation has to do exclusively with the management of public funds when he was in charge of the Court. In general, the attempt by the ruling party will come to nothing at great cost to the Government and to all politics. Society wants us to take care of other things”, affirmed Paula Oliveto, deputy of the Civic Coalition, in dialogue with PROFILE.
“Carrió’s accusation will be the basis for let’s investigate the famous countercyclical funds that are nothing more than fixed deadlines”, said the deputy of the Frente de Todos Rodolfo Tailhade. Within the “lilitos” they want to detach themselves from this pro-government maneuver. “We will have our own opinion, not with the K,” said, on the other hand, a man from Carrió’s ranks when asked by this medium.
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Meanwhile, the expectation is set on what strategy the members of the Cote will use to face the impeachment and if that it will buckle them, leaving aside the internal ones. It will be seen on Wednesday.
Council standardization
Meanwhile, the Court, and in particular Rosatti, has a definition pending Important in institutional terms.
It happens that in the Council of the Magistracy the seats are still empty Senate representatives because of the judicialization that the conflict between Kirchnerism and the PRO is going through. There are pending definitions but the last word is in Talcahuano 550, where there was already a position that was reflected in an agreement.
That resolution was known at the beginning of last November and had the signature of all the courtiers with the exception of Lorenzetti, in line with the partial dissent that he had had in the ruling that declared the unconstitutionality of the previous model of the Councilof 13 members.
Back then the supremes they invalidated the faction of the Frente de Todos bloc in two to keep the second and minimum, that way, legally blocked the landing of Doñate. The resolution had been based on an appeal for amparo filed by the interested senators Judge and Humberto Schiavoni.
The conflict left the Council of the Magistracy at the end of the year with its functions reduced: without integrated senators and senators It is not possible to advance in the selection or removal processes, indicate legal sources. Since then and until the Court takes the oath of the representatives of that estate, the body’s functions are limited to the administration of the Judiciary.
at both points conflicting interests of the parties. In the case of the function of selection of magistrates the coverage of the vacancies in the strategic building of Comodoro Py is pendingwhere there are three courts without a judge in the first instance, two in the Federal Court of Appeals and six in the Federal Oral Courts.
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In turn, on the disciplinary side, with the current state of affairs it is impossible for the investigations against the magistrates to advance. Just to mention the leak of the alleged chats that D’Alessandro had, in the Libertad street building, headquarters of the Council, there are complaints that have not yet been opened against the judges Julián Ercolini, Pablo Yadarola, Carlos Mahiques and Pablo Cayssialsafter his trip to hidden lake.
pending court cases
Regarding decisions on judicial cases, the Court also has a series of pending definition with impact in the political arena.
One of them has as its central protagonist the vice president Cristina Kirchner and it is the reopening of the cause known as Dollar Futurewhere it was dismissed in 2021 for the non-existence of a crime within the framework of what is considered a non-judicial political decision.
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The request to reopen the investigation reached the Court by the attorney eduardo casalwhose opinion must be evaluated by the courtiers.
There are also pending decisions regarding coparticipation. In the first place, the resolution of the proposal for revocation in extremis of the precautionary measure made by the president Alberto Fernandez. Also the recusal against the supreme courts to try to remove them from the file and, of course, the much-mentioned substantive issue.
All that combo faces the courtiers since Wednesday after a busy New Year’s Eve. And in less than a month they have a pending decision: Will the courtiers go to Congress to listen to the opening speech of ordinary sessions? At least in terms of performances, the scene becomes difficult to imagine.
AS/FL
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