While the Impeachment Committee of the Chamber of Deputies approved the admissibility of the complaints with which the ruling party is going to materialize its onslaught against the Supreme Court of Justice, from another legislative flank this Thursday they also added pressure against the highest court.
Through a statement released around noon,
senators
Mariano Recalde and María Inés Pilatti Vergara
, from the Frente Nacional y Popular bloc, and
Martín Doñate
, from the Unidad Ciudadana bloc, announced the presentation of "a note addressed to the president of the Court, Horacio Rosatti, requesting that they comply with the law and
receive their oaths as members of the Council of the Magistracy
so that the body can function again."
Let's remember: none of the four representatives of the Senate in the body that selects the candidates to cover the national and federal courts was incorporated into the Council, due to
a political dispute that
began after what the Court already described in a ruling as
"artificial division" of the pro-government bloc
to gain three of those four representatives: two for the majority -Recalde and Pilatti de Vergara- and another for the second minority, sought by Doñate.
The play was tried last April, and was prosecuted by Senator
Luis Juez, who claims the same place that Doñate claims.
The Court agreed with him, but in the renewal of directors that took place in November, Kirchnerism reiterated its move, ignoring the ruling that had rejected it.
Judge returned to claim, and meanwhile the president of the Magistracy -who is the head of the Court- decided not to incorporate any of the senators who must complete the list of twenty advisers.
"For almost three months, the Supreme Court of Justice has been postponing the swearing in of the representatives of the Senate in the Judicial Council, arguing that the appointments 'are being studied by the Court, for reasons that are publicly known," says the communiqué of the official senators.
They affirm that the advisers should be Recalde, Pilatti Vergara and Doñate, plus the radical Eduardo Vischi for the first minority.
For this reason, "they made a presentation before the Court demanding that they be sworn in so that the constitutional conformation of the Council of the Magistracy be specified and they assured that they
are evaluating other administrative, civil and criminal actions
to ensure that the law is complied with and that the body stops of being paralyzed."
The senators of the ruling party maintained that "the only attribution that the law places at the head of the president of the Court is to receive the oath of the persons appointed" and that
it is not the competence of the Supreme Court to "study" the appointments.
They also recalled that the highest court "has the constitutional duty to adopt the appropriate measures to
avoid the possible paralysis of the Council of the Magistracy
."
On the other hand, they considered that the action of the Court is
"discriminatory"
since "without any justification, it treats the new senator councilors differently from that provided to the other councilors, even in cases of contested or conflicting appointments."
They refer to the case of deputy
Roxana Reye
s, who has already taken an oath as counselor despite the fact that her appointment was questioned due to a controversial ruling by Administrative Litigation Judge
Martín Cormick
, later disavowed by the highest court.
Lastly, the Kirchner senators stated that in addition to being “abusive, arbitrary and discriminatory”, the Court's decision has a
“de facto”
character , because it is not duly formalized;
and
"diffuse"
, since it does not explain the reasons for the "study" of the designations nor does it establish how long such a process will last.