Lucia Salinas
09/29/2020 - 17:13
Clarín.com
Politics
In
a waiting beat
.
Thus was the definitive situation of Leopoldo Bruglia, Pablo Bertuzzi and Germán Castelli, the three judges removed by Kirchnerism ten days ago through the Senate.
The Supreme Court of Justice accepted the claim they raised and until the substantive issue is resolved, regarding the unconstitutionality or not of the measure adopted by the Senate and ratified by President Alberto Fernández in three decrees,
the Council of the Magistracy that for now, does not appoint a judge to replace it in the Buenos Aires federal chamber and the Federal Oral Court (TOF 7)
.
The judges have had
an ordinary license
required since President Alberto Fernández signed three decrees endorsing the removal of their positions.
That request for vacations is valid
until October 6
, if by that date the Court does not decide whether the removal voted by Congress is null or valid, they could require another license.
Judicial sources indicated to Clarín that in the next few hours the Highest Court
would grant a 30-day license to the magistrates.
The scenario raises good news at times: the underlying issue of the per saltum presented by the three judges will be dealt with by the Supreme Court of Justice, but at the same time it opens another question, what will happen when the license that was granted to them ends Until October 6th?
The first certainty is that their positions will not be filled by other judges.
The risk that this presented was that if new magistrates took over, taking the oath if later there was a ruling from the Court for, for example, that Bruglia, Bertuzzi and Castelli be restored, it
would be impossible to comply
.
The Highest Court in its agreed order ordered the panorama.
On the one hand, he said that the proposal of the three magistrates was admissible and, on the other, he ordered the Council of the Magistracy not to advance in the coverage of the three vacancies, the final decision of the Court on the neuralgic issue still remains: yes the decision taken by Congress to review the transfer of magistrates is unconstitutional or not.
In the case of Bruglia and Bertuzzi, they are members of Chamber I of the Buenos Aires Federal Chamber.
It is responsible for the review of the decisions and decisions of the investigating judges.
They were the ones who intervened the cause known as the Cuadernos de las Bribes, confirming the prosecutions against Cristina Kirchner and the requests for preventive prisons (which the Chamber of Cassation later left without effect).
On the other hand, Judge Germán Castelli in 2018 was transferred from San Martín to Federal Oral Court 7 (TOF 7), which is responsible for carrying out the trial against Cristina Kirchner and more than 50 defendants in the case of the Cuadernos de las Bribes.
Like the chambermaids, he raised before the Court the "unconstitutionality" of the measures adopted by the Council of the Magistracy, Congress and finally the President himself.
The ordinary leave taken by the three is until October 6.
If the Supreme Court has not ruled on the merits by that date, they could
require a new license
.
"If they do not appear in their workplaces, they must explain the reason and if by then the Highest Court does not pronounce, it is analyzed as an option," judicial sources told
Clarín
.
Until both the Buenos Aires federal chamber will work with two members, Martín Irurzun and Mariano Llorens (the latter recovers after being infected with Covid19).
The TOF 7 currently has two judges and will remain so until there is a final ruling from the Court.
Meanwhile, according to Clarín, in the next few hours the Highest Court would grant a license for 30 days to Bertuzzi, Bruglia and Castelli, which would further order the scenario when the ordinary license granted by the Chamber of Cassation concludes
For the magistrates displaced by Kirchnerism, the Government and the Senate "challenged the authority of the pronouncements" of the Court and remarked that all this "denotes an additional institutional gravity that demands the immediate intervention" of the Highest Court.
The courtiers have already made it clear that they will have the last word.
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 reflected in Resolution No. 183/2020, questioning that those movements made during the management of Cambiemos, did not meet all the requirements demanded by the regulations.
Basically, they claimed they never made it through the Senate.
For the three judges, the only ones removed from their positions from that list of ten, they argued before the Court that all that action was of "absolute nullity is the subject of this amparo action."
In their claims, before the Court they indicated that the path initiated by the Judicial Council on their respective transfers, "is a violation of the constitutional guarantees of legality, division of powers and irremovability in office enjoyed by judges."
The chambermaids indicated that they are "firm and consented" by the Highest Court, and they were the ones that made it possible for them to join Chamber I of the Buenos Aires federal Chamber today.
That is why they understood that "neither ordinary citizens, nor members of other powers, whether national, provincial or municipal, can validly re-examine the specific criteria taken into account by the Court."
Thus, the Per Saltum was not treated until this Tuesday.
Prior to this, the National Congress advanced in the removal of the magistrates and the measure had the endorsement of President Alberto Fernández who signed the corresponding Decree.
By then, the Magistracy Council made progress in filling these vacancies, but this will be suspended for now.
