The Federal Administrative Litigation Chamber admitted the protection of Luis Juez and declared the nullity of the appointment of the senator Martin Donate in the Judicial Council. This is the conflict opened by the bench in the body that selects and controls the judges, after the decision of the Frente de Todos bloc to leave in order to stay with three of the four seats in the Senate.
The political dispute over the Council goes back a long way. At the end of December 2021, the Supreme Court declared unconstitutional its integration of 13 members and asked Congress to enact a new law that respects the proportion in the representations of all its members. He set the deadline for April. If he did not do so, he would return to the old conformation of 20 members, headed by the president of the Court. Congress never took up the issue.
The Judge’s request to assume Doñate’s place was rejected in the first instance at the end of last year when the judge Maria Alejandra Biotti considered that the urgency criteria necessary to grant the amparo did not exist.
Now the political scene has taken a new 360 degree turn. With the signature of the judges Rodolfo Facio, Liliana Heiland and Clara Do Pico, justice grants the reason to the Cordovan senator of the PRO. The news from the courts came a while before Cristina Kirchner made her public reappearance in Río Negro together with Doñate
“In this scenario given by a set of guidelines issued by the Highest Court, the partition of the bloc “In Front of All” is clearly harmful, in terms of the precautions required by law for the admissibility of the amparo action (article 43 of the National Constitution and article 1 of Law 16,986) -procedural route that was implicitly accepted by the Supreme Court in the precedent “Judge ”—, of the rights of the actors and is unenforceable for the purpose of forming the Council of the Magistracy for the period of mandates between the years 2022 and 2026″, stated the resolution.