01/03/2021 19:36
Clarín.com
Politics
Updated 01/03/2021 19:36
President Alberto Fernández once again questioned the actions of the Supreme Court, considered that
since the return of democracy,
Justice is the only power whose "operation was not reviewed in detail" and elaborated on the creation of a court "at par" from the head of the Judiciary, which could act as a parallel instance to define the eventual existence of "arbitrariness" in the processes.
"
In Justice we have to put our hands, without any doubt; to
put our hands means to correct things, institutionally speaking, with laws; We must change procedures and forms," said Fernández in dialogue with radio AM 750.
"Justice is the only one of the powers that in 30 years of democracy its operation was not reviewed in detail. The time has come for us to do so.
This is not to alter anything in the current procedures,
but to do better Justice."
President Fernández questioned the application by the Supreme Court of
article 280 of the Civil and Commercial Procedure Code and the Per Saltum.
"The text of that article gives the Supreme Court a certain right that when (it thinks so) it should not intervene. The Court says' in application of Article 280, I do not take this case ', and then it says' I do take this '.
A system of great inequity is generated,
"said the president, adding:" This article has no basis other than
' I want to '
and that is deeply inequitable. "
For Fernández, one source of the problem is that at the beginning "
the Court was thought of as the North American Court
, a court that controls the constitutionality of rulings, verifies that constitutional norms are not violated."
Then he continued with the Per Saltum: "It is an unusual, very strange resource and that it
would
also
be necessary to verify the continuity of its existence,
which allows the Court to seize any case in process, remove it from the court where it is and say 'in that case I resolve me'".
The president said that in the last ten years there have been two Per saltum: "the first when Cristina sent the law for the democratization of Justice and the second with the transfer of judges Bruglia and Bertuzzi."
"One wonders: that in those cases - such as the transfer of these two judges - have seriousness and institutional urgency, but the revision of the sentence of a vice president (Amado Boudou) to more than 5 years in prison does not have any urgency or gravity .
By what criteria does the Court act?
Cristina has 11 appeals before the Court that never received any response, "said Fernández.
The president said that for these reasons the so-called "Beraldi Commission" was born: "There were very prestigious people. One of the issues (they spoke about) is Article 280 and the possibility of creating a court similar to the Supreme Court of Spain, which
is a court that is on par with the Court
".
"We have to study it and see what we do for the future.
They are antecedents that will be applied to any Argentine tomorrow, and that is very serious."
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