Lucia Salinas
08/26/2020 - 18:45
- Clarín.com
- Politics
Defending the legitimacy of their transfers to Chamber I of the Buenos Aires Federal Chamber, judges Leopoldo Bruglia and Pablo Bertuzzi went to the Supreme Court of Justice in per saltum . There they asked that the resolution that did not give rise to the request for protection be annulled so that the Senate does not deal with the specifications of them and other eight magistrates who were transferred to other positions during the government of Mauricio Macri. The chambermaids stated that the situation exposes an "institutional gravity" before which the highest court "must immediately remedy it."
The per saltum was presented by the chambermaids on Tuesday afternoon, and had not yet begun to be analyzed by the members of the Court. Bruglia and Bertuzzi - who, among other sensitive causes for Kircherism, intervened in the case of the Cuadernos de las Bribes - asked that their appeal be treated promptly.
It all started on July 30 last in the plenary session of the Council of the Magistracy, when by majority the councilors voted to review the transfers of ten judges. That decision was embodied in Resolution No. 183/2020, "whose absolute nullity is the subject of this amparo action," remarked the chamber members in a 40-page letter accessed by Clarín.
This Wednesday afternoon the banner began and I camped in the Plaza de los dos Congresos against Judicial Reform. Photo Juan Manuel Foglia.
While through their lawyer Alejandro Carrió they also appealed the dismissal of their protection before the Federal Administrative Litigation Chamber, Bruglia and Bertuzzi raised to the Court that the path initiated by the Magistracy Council on their respective transfers, "is a violation to the constitutional guarantees of legality, division of powers and irremovability in office which judges enjoy ". Is that that measure, the Council entrusted to the Executive Power and the Senate the review of the appointments made by Decrees N ° 835/2018 and 278/18 20. The chambermaids indicated that they are "firm and consented" and were the that made it possible for them to join Chamber I of the Buenos Aires Federal Chamber today.
The chambermaids indicated that their transfers had been approved by the Court itself , and charged against the decision adopted to review the positions they have held since 2018. "Neither ordinary citizens, nor members of other powers , whether nationals, provincial or municipal authorities, may validly reexamine the specific criteria taken into account by Your Excellency -your excellence, a stately formalism to refer to the Court- when interpreting specific clauses of the National Constitution in relation to a situation also determined (in the case , transfers of magistrates on whose validity VE has specifically ruled) ".
At this point, they remarked that as the supreme body and "deciding on the validity of federal court integrations," the Court has already ruled "on the validity of the transfers." Therefore, they insisted that this decision could not be subject to a review that from their perspective was adopted by a measure more of a political nature than a legal one.
Along the same lines, in the per saltum Bruglia and Bertuzzi indicated that "the remaining powers of the State have challenged the authority of the pronouncements" of the Court "and even those of the judge of first instance" who decided not to make room for the protection brought by the chambermaids. This is why they stated that everything acted upon by the Council of the Magistracy as well as by Congress, "denotes an additional institutional gravity that demands the immediate intervention " of the High Court.