The Court granted a 30-day license to the judges removed by the K

Lucia Salinas

09/30/2020 - 11:35

• Clarín.com

• Politics

After deciding that they will analyze the proposal of the judges Leopoldo Bruglia, Pablo Bertuzzi and Germán Castelli, removed by Congress a measure ratified by President Alberto Fernández, the Supreme Court of Justice before resolving the merits of the matter: if it is constitutional or not - As the magistrates maintain-, the displacement of the positions they assumed in 2018, granted them a thirty-day license.

They had an ordinary one until October 6, and there was no greater certainty about what would happen that day.

For now one thing was clear: their positions cannot be filled by other people.

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 owed is valid until October 6, if by that date the Court does not decide whether the removal voted by Congress is null or valid, the option was to require another license.

"We left the decision in the hands of the Court," they said before Clarín's query.

The scenario raises good news at times: the substantive issue of the per saltum presented by the three judges will be dealt with by the Supreme Court of Justice, but there were doubts as to whether the suspensive nature of the decision of the Highest Court, enabled them to return to their positions until they are definitively issued.  

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.

Now they have a 30-day license granted by the Court which, in turn, is established as a deadline won by the Highest Court to receive information from the Council of the Magistracy, the Attorney General of the Nation -even if their proposal is not binding- , and other information they requested. 

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).

It was Chamber I that was responsible for intervening in the cause known as the Bribery Notebooks, confirming the prosecutions against the vice president.

As TOF 7, responsible for conducting the trial of said investigation, currently has two judges and will remain so until there is a final ruling from the Court.