They ask that ANSES's intimidation of judges and prosecutors be declared unconstitutional to retire

Lucia Salinas

03/23/2021 17:29

• Clarín.com

• Politics

Updated 03/23/2021 5:29 PM

The Association of Magistrates asked this Tuesday that

the intimation by the Anses to judges and prosecutors

be declared unconstitutional

, so that they can decide whether they will retire or withdraw their pension file.

The written submission goes against

the 200 document letters 

sent from the body directed by Fernanda Raverta.

After the body that the camper Raverta directs advanced in sending document letters to 200 judges and prosecutors to decide whether to retire or withdraw the file initiated for such purposes, the Magistrates Association

made a presentation before the administrative contentious court,

claiming the declaration of unconstitutional of the location made by Anses.

"By means of the present one I am writing to you in order to summon it to accompany within the term of 30 administrative working days the presentation of the resignation to the position that it carries out to be able to conclude the social security process".

With that brief letter, ANSES began to intimidate some 200 judges and prosecutors a month ago.

The social security body maintains that it is

an "orderly measure"

due to the number of files that were found on stand-by despite being open for years.

For many magistrates and prosecutors, the determination to intimidate them responds to one of the many actions of the Government "with which they seek to advance on Justice", as pointed out by a person close to the Magistrates Association.

After analyzing the situation and with the majority of the judges and prosecutors that make up the ANSES list, the Magistrates Association decided to move forward with the presentation that maintains that the summons does not correspond, since these are cases that began their pension processing "

prior

to the entry into force of Law 27,546, without presentation of termination."

ANSES is the one that has

under its orbit the pension system of the Judicial Power, after the approval in Congress

of the controversial retirement reform of the sector.

For this reason, the Association of Magistrates in the letter, where the association that brings together the prosecutors also signs, indicated that this notice made "does not correspond" and that the measure "is in clear violation of guarantees provided in articles 110 and 120 of the National Constitution ".

In another section of the presentation, to which

Clarín

agreed

, it was required that "a precautionary measure not to innovate be urgently decreed that suspends the process planned there and the sites in progress."

Under this same guideline, the Association of Magistrates maintains that Raverta with in its location "violates the individual rights of members of the associations", and "adds as a central axis

the breach of the constitutional guarantee of functional independence of the Judiciary and the Public Ministry

perpetrated by means of a regulatory excess of the norm here questioned ".

The contested regulation, the judicial presentation maintains, "regulates

regressive and unreasonable

the special pension regime of its members."

Consequently, it is claimed "due to the concurrence of the affectation of the functional independence of the Judicial Power and the Public Ministry due to the putting in crisis of the guarantee of immobility of its magistrates and officials", that the action of the organism of the social Security.

From ANSES they criticize the existence of an

"administrative disorder"

, since they found 200 pension folders started, but without completion.

In fact, they maintain that there are about thirteen judges on that list who are over 75 years old - the age limit for a magistrate to retire - with their respective retirement folders unfinished.

There is a case of an 82-year-old judge who is still in office.

In the Judiciary, they insist that this methodology was endorsed by the previous pension scheme.

That is, when judges and prosecutors turned 60, they could start their retirement procedures, but the process did not end until they submitted their resignation.

For this reason, the reading of the ANSES circular that allowed the sending of document letters is seen as pressure on the Judicial Power.