Lucia Salinas
11/01/2020 8:14 PM
Clarín.com
Politics
Updated 11/01/2020 8:14 PM
With the extraordinary license granted by the Supreme Court of Justice, the magistrates Leopoldo Bruglia and Pablo Bertuzzi, who had been dismissed due to Kirchnerism, requested that the Highest Court extend the same benefit to them until it decides on their transfers.
Since October 18, they have been in use of an ordinary license
and it ends this Tuesday, when the ministers are expected to meet.
With an uncertain outlook, the judges who make up Chamber I of the Buenos Aires Federal Chamber are days away from concluding the ordinary license they requested when the terms of the extraordinary benefit that the Supreme Court had granted them expired.
In the absence of a prompt resolution from the High Court ministers, they
enter an uncertain scenario
regarding whether they should return to their positions or that can only be done if the claim is resolved in their favor.
A little over a month ago, the Court ruled that it would grant the claim of Bruglia, Bertuzzi, and Judge Germán Castelli.
Since then, the final situation of the three judges removed by Kirchnerism through the Senate has remained in a waiting measure, after questioning that their transfers have not had the agreement of Congress.
These changes were made during the Macrista government and it was when the first two judges joined the Chamber I of the Buenos Aires Federal Chamber, responsible for reviewing the instructional decisions.
Meanwhile, the third of the magistrates joined the Federal Oral Court 7 (TOF 7).
What the judges questioned by the ruling party have in common is that Chamber I was a reviewer of several investigations against former Kirchner officials and against Vice President Cristina Kirchner herself.
It was Bertuzzi and Bruglia who confirmed several prosecutions against the vice, especially in the case of the Cuadernos de las Coimas, an investigation raised to oral proceedings and based on TOF 7 of which Castelli is a party.
The Supreme Court of Justice accepted the claim raised by the three judges 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, it was ordered to the Council of the Magistracy that for now, do not appoint any judge to replace him in the federal chamber of Buenos Aires and the Court 7.
Until October 18, two of the magistrates had an extraordinary license granted by the Court.
Days before it ended, Bruglia and Bertuzzi asked the Supreme Court to grant them another license.
As there was no response, they
decided to take days that they had accumulated but that expire this Tuesday,
when they wait for a resolution from the ministers.
There are no certainties if they should report to their workplaces until the underlying issue is resolved.
Something similar happened with Judge Castelli who requested an ordinary license before the TOF 7 that expired on October 14 when he understood that the resolution of the per saltum by the Court, left him again under the orbit of said court.
More than a week ago, he requested an extraordinary license from the High Court.
Given the possibility of a delay, the magistrate reported that he will not appear at his workplace unless the Court so orders.
He will await the decision on whether he should be reinstated in his position, or whether they will endorse the decision adopted by Congress with a Kirchner majority.
The merits of the per saltum will be dealt with by the Court,
but there were doubts regarding the suspensive nature of the decision made by the highest court, whether or not it enabled them to return to their positions until they are definitively issued.
Meanwhile, their places will not be occupied by other judges.
If new magistrates assumed the oath and then there was a ruling from the Court to replace Bruglia, Bertuzzi and Castelli, that resolution would be impossible to comply with.
Thus, the three judges have waited a little over a month for the final resolution of the situation.
Despite three calls for an agreement, the ministers of the Court could not agree on whether they will consider unconstitutional the measure promoted by the Alberto Fernández government, which will force the judges to return to their original positions, or if it will give them to them the reason, restoring them where they were assigned by the macrista management.