After a month of maximum tension between the Government and the Court, with crosses that included public criticism of the President Alberto Fernández to the president of the highest court Court Carlos Rosenkrantz, In the last week, the level of conflict dropped and they barely crossed party pyrotechnics around training sessions on gender issues in the Judiciary.
However, it is just a truce not agreed upon, which coincides with the decision of the ruling party to freeze in Congress the judicial reform project and put in parentheses, these days at least, the attack on the acting Attorney General Eduardo Casal. Nothing is forever.
The conflict between the two powers they were central axes of the debate between the businessmen in IDEA and the president Alberto Fernández himself. In that forum they demanded a depoliticized Judicial Power from the Government and the Justice itself. They asked for it as vehemently as the need for security (derived trust) to do business. Fernández answered them with the need for judicial reform and insisted on the need to backtrack with the transfers of the chambermaids Leopoldo Bruglia, Pablo Bertuzzi and Germán Castelli. No one put aside their claims, only that they were channeled without fanfare.
It is clear that this week was an impasse of calm, but it reaches a spark for everything to burn again if this week the Court finally dictates a ruling that ends up resolving the conflict over the transfer of Bertuzzi, Bruglia and Castelli. For now, the judges appeared at the last minute before the Court on Friday to ask them to extend their extraordinary license that expires on Monday, because they are facing a situation of uncertainty, about where they should go to work and the validity of the sentences that they eventually sign. This circumstance would force the Court to pronounce itself soon.
Judge Carlos Rosenkrantz has a position that he already made public in his dissent to the agreed 4 of 2018, signed with his colleague Elena Highton de Nolasco when he argued that the transfers of judges were constitutionally valid mechanisms and that it was not necessary to implement a new appointment procedure or require a new Senate Agreement, as now decided by the Council of the Magistracy and proclaimed by President Fernández, Cristina Kirchner and all the ruling party . When opening the per saltum for the claim of the chambermaids, Rosenkrantz outlined his position and went further, saying that Republican values were at stake and the fate of dozens of judges transferred in the last 20 years. On the other hand, the judges who signed the agreed 7 of 2018 are advancing in the drafting of a sentence where they said that transfers without the agreement of the Senate are possible to “perform functions of the same hierarchy within the federal jurisdiction, with the same or similar material competence “.
Horacio Rosatti and Juan Carlos Maqueda advance with the drafting of a ruling that they talk with Ricardo Lorenzetti to bring positions closer together, where the decision to fully endorse the chamber maids’ claim or sketch an intermediate solution is at stake, until the contests are over. The coin is in the air and agreements are needed, which do not necessarily stress outwards. Nothing is said, but if positions get closer there could be a failure this week.
The relief of the lack of political tension was felt in the offices of the Court where the invitation of the Advisory Commission of President Fernández, which is working on proposals to improve the functioning of the highest court, has not yet arrived. The 12 specialists, including lawyer Alberto Beraldi, Cristina Kirchner’s defender, agreed to invite the ministers – via President Alberto Fernández – to hear their points of view. The experts have been meeting twice a week to agree on criteria and make suggestions on the operation of the attorney general, the defense counsel, the Council of the Magistracy and the Court. They will finish their task in November and their conclusions may be another element that fuels the tension between the Government and the Justice.
Gone this week was the tension of the previous ones when the Government emptied Rosenktrantz the meeting where the judge invited the human rights organizations to advance with the trials against humanity.
The only sizzle this week between the Government and the Court was given by training on gender issues. The Minister of Women Elizabeth Gómez Alcorta understands that the law requires that the five judges of the Court sit for an hour in a zoom to give them a workshop on gender issues. He invited them by letter and received no response. On September 25, President Alberto Fernández directly accused Rosenkrantz of violating the Micaela Law for. The answer was given through a statement by Judge Elena Highton de Nolasco, in charge of the Women’s Office, where she told him everything they have been doing for 11 years.
In recent weeks there was a rapprochement and the Government and the Court polished differences, but as the dialogue progressed, the situation became tense this Thursday and the judges and Minister Gómez Alcorta crossed flamboyant writings. The Court told her that they trained themselves and the minister insisted that the Executive must do it. They were nothing.
The judges of the Court heard this week how the people in the Obelisk remembered them to demand that they intervene as the last brake on the advance of impunity and the change of the rules of the game. They read their names on the handwritten posters that protesters, the majority voters of Cambiemos, wrote with marker.
But the judges of the Court prefer the climate of distention, they seek to isolate themselves from these protests to decide and are not comfortable submitting each decision to the magnifying glass of politics, but at the same time they know that it is a matter of time before the drums of war.
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