The harshest attack by President Alberto Fernández to the Court at the opening of the ordinary sessions of Congress
provoked a strong repudiation this Thursday among the main federal judges and prosecutors, civil associations and business chambers,
in addition to the opposition leadership.
On the one hand,
the Presidents of the Chambers, members of the Board of Presidents of the National and Federal Chambers of the Argentine Republic
came out in categorical support of the members of the highest court.
On the other,
the National Association of Prosecutors, as well as the president of the CABA Bar Association, former chambermaid Ricardo Gil Lavedra, the Argentine Chamber of Commerce
and the main civil associations linked to the defense of the independence of Justice. .
Thus they joined a defense of the Court that the Association of Magistrates and Civil Servants of the Nation, chaired by Marcelo Gallo Tagle, had begun yesterday.
On Wednesday, in his speech before the Legislative Assembly, Alberto Fernández controversially accused the Supreme Court of the situation in the province of Santa Fe. He stated that "if the Supreme Court had not assaulted the Council of
the
Magistracy , today Santa Fe would not be suffering from the lack of courts that prevent the rapid prosecution of organized crime that has expanded in its territory," said the President, in the harshest attack of his tenure on the Court.
The Presidents of the Chambers, members of the Board of Presidents of the National and Federal Chambers of the Argentine Republic expressed, in a statement,
their most energetic repudiation of the expressions of the President of the Nation in his opening speech of the Ordinary Sessions of the Honorable Congress of the Nation
, facing the highest authorities of the Judiciary of the Nation.
“We warn with extreme concern that an act of unique institutional significance, such as the opening of a legislative year, is used as an
excuse to mask a true attack on the authorities
of another State Power, institutionally represented by the President of the Supreme Court of Justice of the Nation, Dr. Horacio Rosatti and its Vice President, Dr. Carlos Rosenkranzt”, he added.
In this line, "we urge not to distort the presidential attribution to open the sessions of Congress annually in order to
account
for the" state of the Nation, the reforms promised by the Constitution, recommending for its consideration the measures that it deems necessary and convenient” (art 99 inc. 8 of the National Constitution)”.
"Once again, convinced that it will only be on the basis of unconditional respect for the National Constitution that it will be possible to achieve a balance between the different State Powers and the long-awaited strengthening of institutions, we urge the responsible authorities to
exalt the supreme interest of the law and justice
, contributing with respect to the principle of division of powers;
to value judicial independence, to prevent any act of subjugation outside the rule of law and the republican spirit that should guide the acts of government," the statement stressed.
For this reason, "we call for reflection, so that each State organ assumes and fulfills the role that the Constitution has assigned to it, avoiding that with attitudes such as the one that we condemn by this act, the institutions are unnecessarily damaged, whose solidity
is
essential to move towards a true republican State in which the rights and freedoms of all citizens are preserved”, he added.
The statement was signed by Javier Leal de Ibarra, head of the Corps (President of the Federal Appeals Chamber of Comodoro Rivadavia), Alberto Dalla Vía (President of the National Electoral Chamber), Jorge Morán (President of the National Chamber of Appeals in Contentious Administrative Court), Florencia Nallar (President of the National Court of Appeals in Federal Civil and Commercial Matters), Marcelo Lucini (President of the National Court of Appeals in Criminal and Correctional Matters), Leopoldo Bruglia (President of the Federal Court of Appeals in Criminal and Correctional Matters), Roberto Hornos (President of the National Chamber of Appeals in Economic Criminal Matters), Eduardo Machín (President of the National Chamber of Appeals in Commercial Matters), Sebastián Picasso (President of the National Chamber of Appeals in Civil Matters ) ,Aníbal Pineda (President of the Federal Appeals Chamber of Rosario), and Néstor Barral (President of the Federal Appeals Chamber of San Martín).
It was also signed by Graciela Montessi (President of the Federal Appeals Chamber of Córdoba), Manuel Pizarro (President of the Federal Appeals Chamber of Mendoza), Alejandro Castellanos (President of the Federal Appeals Chamber of Salta), Ricardo San Juan (President of Federal Appeals Chamber of Tucumán), Beatriz Aranguren (President of the Federal Appeals Chamber of Paraná), Rocío Alcalá (President of the Federal Appeals Chamber of Resistance), Selva Spessot (President of the Federal Appeals Chamber of Corrientes) , Richar Gallego (President of the Federal Appeals Chamber of General Roca), Alejandro Tazza (President of the Federal Appeals Chamber of Mar del Plata), Pablo Larriera (President of the Federal Appeals Chamber of Bahía Blanca).
For its part, the Public College of Lawyers of the Federal Capital, chaired by Gil Lavedra,
regretted
that the expressions of the President of the Nation related to the Judiciary, "had not kept, neither the forms, nor the solemnities that the relevance of the act demanded.
"It constitutes a total lack of respect and education, to rebuke the authorities of the Supreme Court present there with demonstrations typical of a party rally, and not of a ceremony with a high institutional content," he added.
“About to celebrate forty years of democratic continuity, it is necessary that each one of the Powers of the State scrupulously respect the scope of action of each one of them.
It is inappropriate for the Executive Branch -and constitutionally prohibited-
to try to influence judicial cases in process by issuing an opinion on their content and saying how they should be ruled
, ”said the largest association of lawyers in the country.
He stressed that "those of us who carry out the daily exercise of the Legal Profession and have committed ourselves to the Rule of Law need the authorities to respect the fundamental principles of the Republic, substantially protecting judicial independence and not, on the contrary, permanently undermining it."
In turn, the NGO REJIA (Network of Entities for Independent Justice in Argentina), warned that "we are witnessing
another onslaught by the Executive Power against Independent Justice
. "In this case, it is being done against the head of the Supreme Court of Justice and President of the Council of the Magistracy, through the hasty announcement of initiating a political trial, without sufficient support or justification," he stressed in another note.
REJIA
deplored
"the attitude of the President and those who join this attempt to affect the independence of justice."
"We urge the President of the Argentine Nation to cease these practices, which also affect the legal security of our country," REJIA said.
The statement is signed by ACR - Republican Joint Action: María Bunge, Institute of Advanced Law Studies of the Province of Mendoza: Roberto Uliarte, Republican Professors: Guillermo Mizraji and Marta Nercellas, Just Cause: Luis Cevasco, Rio Paraná Civil Association: Alberto Cohan CADAL and the constitutionalists Daniel Sabsay and Ricardo Guibourg.
Also subscribed by CADAL: Sybil Rhodes, Forensic Accountants: Alfredo Popritkin, Legislative Directorate: María Barón, Será Justicia Civil Association: Raul Aguirre Saravia, Forum for Studies on the Administration of Justice: Alfredo Vítolo and Usina de Justicia Civil Association: Diana Cohen Agrest.
In turn, Natalio Mario Grinman President of the Argentine Chamber of Commerce and Services (CAC) said that this type of attack has been surpassed in other countries.
"They have overcome many "defects" that it is so difficult for Argentines
to correct
. Thus it is very difficult to excite investors, attract capital and achieve quality job creation," he said.
"Taking the dimension of the lost opportunities generates bitterness, but I hope it is also an encouragement so that once and for all we start doing what we must do to take advantage of the enormous potential that Argentina has," the businessman concluded.
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