Six months after the Supreme Court of Justice of the Nation will accept the appointment of Martín Doñate and Roxana Reyes in the Council of the Judiciary, both close to Vice President Cristina Fernández, this Tuesday decided to annul the appointment of the former. In his place, Luis Juez, current senator of Together for Change, will take over. had filed an injunction to prevent the movement official.
The ruling, signed by the judges Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda, allowed the amparo action initiated by the Judge and annulled Doñate’s appointment, which had been signed by Fernández de Kirchner. The ruling, which was not signed by Ricardo Lorenzetti, considered that It is not about an interference of the Judicial Power on the faculties of the legislature to designate its representatives in the Council of the Magistracy.
The three judges who made up the majority claimed their ability to decide “how the blocks should be identified to make up the Judicial Council” and, in this case, “the rights of senators had been affected Judge” and Humberto Schiavoniwho will now become an alternate director.
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The Court was awarded the function of “exercising a severe judicial review according to the institutional significance of the issue involved, in which the proper functioning of the institutions of the Republic was at stake.” bThe dispute arose after the Court resolved to return to the formation of 20 members of the Judicial Council, from a ruling that declared the nullity of a law that was in force for 15 years and that established that the body should function with 13 members.
It should be remembered that the discussion arose between donate Y Judge as a result of the fact that Together for Change had proposed its candidate and the block of the Front of All was divided to keep its own seat in the Council as the second minority. The Court understood, as did the opposition legislators, that this had been an artificial maneuver that did not respond to the reality of what is happening in the upper house.
“It is undisputed that at the time of notification of the sentence of the December 16 –and even after the expiration of the 120 days set for its implementation–The second minority for the purposes of the formation of the Council of the Judiciary was the Pro Front”, maintained the judges of the Court.
That ruling reinstated as President of the Council Horacio Rosatti, who today was again decisive for the formation of the majority since he voted in favor of Judge and, in this way, he contributed the third vote that means the virtual dismissal of Doñate and the anointing of Judge.
With information from NA