Lucia Salinas
02/21/2021 18:26
Clarín.com
Politics
Updated 02/21/2021 6:26 PM
A week ago, AnSes
summoned more than 200 judges and prosecutors
to decide whether to continue with their retirement files, or to desist from them.
The measure within the Judicial Branch was taken as one more advance of the Government.
The accounts are even larger, because to what they understand as pressure to vacate those positions,
there must be added another 253 unfilled positions that the Government wants to fill.
The data is that the total of positions of the federal and national justice, amount to 988. To date more than 25% is unfilled and in the Public Prosecutor's Office, the vacancies are estimated at 30%.
The first sign of progress on the vacancies of judges was given by Kirchnerism within the Council of the Magistracy in the middle of last year.
It was questioned how ten judges had been transferred during the government of Mauricio Macri.
Two of the magistrates, Leopoldo Bruglia and Pablo Bertuzzi, as chambermaids confirmed several prosecutions against Cristina Kirchner in the cause known as the bribery notebooks.
Without being able to dismiss them, by order of the Supreme Court, they
returned to their positions but only temporarily,
until the Council of the Magistracy -with an official majority- calls a contest, at the end of last year.
In the Appeals Chamber, which reviews the rulings of the first instance judges, Kircherism has already appointed a former lawyer for the vice president, Roberto Boico and seeks to appoint more like-minded judges, according to the opposition.
After that measure, progress was made with the appointment of
judges in electoral courts in the province of Misiones, Chacho and even in Buenos Aires,
designating Alejo Ramos Padilla who was in charge of the case for alleged illegal espionage against the former authorities. of the Federal Intelligence Agency (AFI) of the macrista management.
From the associations that bring together magistrates and representatives of the Public Prosecutor's Office, there is talk of an "advance of the Government on Justice."
Added to this is its objective: to
appoint "friends" judges and prosecutors in strategic places.
That is the background of a situation that unfolded last week, when the Anses directed by Fernanda Raverta intimidated more than 200 judges and prosecutors to conclude or withdraw their pension files.
The retirement regime that governed before President Alberto Fernández modified it in 2020, allowed to start the procedures to retire at 60 years of age, but they could continue to exercise and only became effective until the resignation is presented.
With this authorization of the previous pension system, many procedures were accumulated, some have even been in that state for twelve years.
Now, the Government assures that it only seeks to order the situation, but far from being just an administrative measure,
in Comodoro Py as in the Association of Magistrates, they understand that it is a pressure on judges and prosecutors
in office, to obtain more positions than are competed.
Prosecutors Carlos Stornelli, Raúl Plee and Judge Leopoldo Bruglia were intimidated, among others.
The drain within the Judiciary could be even greater, while still seeing the marked confrontation with the Casa Rosada, which adds a reform of the sector that will begin to be discussed in Congress.
What must be considered is the drain that those 200 positions could generate in a sector where hundreds of vacancies already persist.
To date, according to official numbers, 25.6% of the sector is uncovered.
The total of Federal and National Justice positions are 988, of which 253 positions are vacant.
This X-ray of the Judicial Power adds another aggravating factor.
Preliminary studies revealed
an average delay of 1,327 calendar days - that is, three and a half years - to fill a vacancy
.
In the breakdown, it was noted that it takes an average of
667 days from the publication of the contest to the formation of the shortlist;
364 days from the reception of the shortlist in the Executive Power, the selection of a candidate and the proposal to the Senate for the agreement;
and 296 calendar days from the receipt of the statement in the Senate until the decree of appointment (Program of Studies on the Judicial Power, Laboratory of Studies on Administration of the Judicial Power).
These sums are without considering
the more than 71 positions of judges that have been transferred, a
modality criticized by Kirchnerism and that must be covered with competitions and thus have in those positions, with magistrates as holders.
The deadlines are too lax for such a task.
To the panorama described, another front of confrontation can be added.
The Public Prosecutor's Office also has a large number of uncovered charges.
According to official sources, there are about one hundred prosecutors without designated incumbents: that is, almost 30% of the MPF is vacant.
"Between the retirement law, the change of government and the fact that the contests were stopped at the time of Alejandra Gils Carbó for a precautionary measure and the consequences of the pandemic," they indicated.
The bleeding that could occur in justice could be enormous, considering in this last point that the ruling party has not yet agreed to appoint the Procurator -head of prosecutors-, and that in the bicameral commission of Congress, it seeks to advance in the reform of the law that governs the Public Prosecutor's Office, simplifying the requirements for the appointment of the Prosecutor, changing the rules for prosecuting prosecutors.
Look also
The seven points that confront the Government with the judiciary
Marcela Losardo, the minister and friend of the President who is still in the crosshairs of Kirchnerism