The Federal Administrative Litigation Chamber
annulled a controversial ruling and validated
the appointment of UCR deputy Roxana Reyes as a member of the Nation's Judicial Council, in
a new setback
against Cristina Kirchner's judicial strategy.
In a ruling signed this Friday, the members of Chamber II also
harshly criticized the federal contentious administrative judge Martín Cormick,
who had annulled the appointment of Reyes and is linked to La Cámpora.
In a 60-page resolution that
Clarín
accessed in parliamentary sources,
an appeal by the president of the block of UCR deputies, Mario Negri, was accepted
.
The ruling is signed
unanimously
by the members of Chamber II of the Court of Appeals, José Luis López Castiñeira, María Caputi and Luis María Márquez and also declares the nullity of the Cormick ruling issued in this case dated November 28, 2022 .
The ruling referred to the mandate already fulfilled by the legislator, but it intended that it also apply its resolution
to the new representatives of the Council
, to whom the Court ordered that they be sworn in and they did so.
The President of the Chamber of Deputies Cecilia Moreau had sent the names proposed by the blocks, which corresponds according to the law.
But Cormick accepted an amparo action presented
seven months ago
by the president of the Frente de Todos bloc of the Chamber of Deputies, Germán Martínez, and said that Reyes was not supposed to occupy the place assigned to the second minority of that chamber. because UCR and Pro should be considered
a single force
for the purposes of appointing representatives to the Council of the Magistracy since they had gone together on the same list in the elections and would illegally have double representation.
The resolution of the chamber stressed that the annulled ruling "
lacks any legal effect
with the scope expressed in the preceding recitals."
In this way, the vice president's strategy of trying to appoint more representatives than those that correspond to her by law by dividing her bloc in the Senate or objecting to others
continues to fall
.
The only thing left now is the case for the appointment of ultra senator K Martín Doñate as representative of the third minority of the upper house in the Magistracy, to whom, last week, the Court did not take an oath as a member of that body.
President Alberto Fernández affirmed on Wednesday, in his controversial speech at the opening of the ordinary sessions of Congress, that the Court had
"taken by assault"
the Magistracy with its ruling that declared unconstitutional the law promoted by Cristina in 2006, reducing the number of members of the Magistracy from 20 to 13. Thus, Alberto once again yielded to the strategy of the vice president.
look also
Magistracy: the Court accepted the appointment of Roxana Reyes and Martín Doñate and they will be sworn in
The Council of the Magistracy is the body that
proposes, sanctions and removes judges
and its control has been an obsession of Cristina since 2006.
Among the numerous criticisms of Cormick's ruling, the appeals chamber stressed that "in the appealed pronouncement,
a construction is made
that starts from the premise that the institutional interest subsists in the case and then refers to the guidelines of the rulings of the Highest Court "Colegio de Abogados de la Ciudad de Buenos Aires", and, above all, "Luis Juez", and thus arrive at the conclusion reached".
However, Judge Cormick “
does not specify
why the circumstances analyzed in the “Luis Judge” case are similar to those of the present case;
to which is added that the “cause” brought to the attention had been extinguished prior to the issuance of the ruling”.
And "as an aggravating factor of the evidenced failure, the decision-making
is intended to decide on future and hypothetical issues
that were not even raised by the parties," he added.
In this way, "what has been exposed up to here leads to the conclusion that the third parties presented in the proceedings are right, in order to the arguments developed in their recursive brief, which aim, ultimately, to maintain that the judgment of degree does not constitute an
act valid jurisdiction
”.
In May of last year, the head of the Frente de Todos bloc, Germán Martínez, went to court against the decision of the president of the Chamber of Deputies to transmit the designation of the radical Roxana Reyes as counselor of the Magistracy for the second minority.
Then, the deputy Germán Martínez, president of the Frente de Todos bloc, filed an amparo requesting the annulment of the designation, which fell to the Contentious Administrative Court No. 11 in charge of Cormick.
In parallel, he sent a note to the president of the Supreme Court and of the Council, Horacio Rosatti, to request that he refrain from taking the oath of office to the legislator from Santa Cruz, something that the highest court did not do
.
The pro-government deputy appealed the decision of May 2, in which Cormick rejected the measure of "not innovating" requested to suspend the assumption of Reyes in the Magistracy until the substantive issue against his appointment is resolved.
Martínez advocated that
it was necessary to return to Law 24,939 that Cristina had sanctioned in 2006
.
In addition, he requested that the appointment of Deputy Roxana Reyes and her substitute be declared illegal, unconstitutional, and null.
In parallel, the
national deputies for the Radical Civic Union Mario Raúl Negri (president of the Radical Civic Union Bloc), Roxana Reyes and Francisco Manuel Monti appealed the decision of degree and now the appellate court sided with them.
look also
An agreement of the Court that hit Cristina's strategy to control the Magistracy
look also
They denounce that the true strategy of Cristina Kirchner is to paralyze the Council of the Magistracy
