The president of the
Supreme Court of Justice
,
Horacio Rosatti
, spoke before businessmen at
AmCham
(the United States Chamber of Commerce in Argentina) and left a note to liberals and libertarians: "
Alberdi, so cited, sometimes so cited and so little read
."
Furthermore, in the midst of the judicialization of Javier Milei's mega DNU, he referred to legal security to guarantee economic investment and launched:
"The judge is not there to replace politics
. "
In front of businessmen, the judge of the highest court in the country, who must ultimately resolve all Government measures that are judicialized, mentioned
Juan Bautista Alberdi
, the intellectual author of the national Constitution of 1853 and reference for President
Javier Milei
and all the libertarians.
"Alberdi, so cited, sometimes so cited and so little read.
We can also say that there is more than one Alberdi, there is one who lived in Argentina, another who did not live in Argentina and spent many years in exile. Alberdi said that it was the navigation chart of a country, the one that marked the course, above all he said it at a time when statehood had to be configured in our country," said Rosatti.
Thus, in passing, the head of the supreme court left an acidic comment about the hero of Milei's followers, whom even the Government of La Libertad Avanza will place on the front of the new 20 thousand peso bills.
And he continued talking about Alberdi: "He structured his constitutional project in 1852 before the Constitution was sanctioned the following year, he said it because there was everything to do. Here first was the State, the declaration that this is a State, then came the unification of a series of attributes that make statehood: the unification of the Army because there were provincial militias, the unification of the currency, of the territory.
The president of the Supreme Court of Justice, Horacio Rosatti, spoke at AmCham.Photo: Federico López Claro
"I would say that not only is the Constitution of a country the navigation chart, not only is it a founding instrument of our national statehood. Sometimes, in emergency situations, of social and economic conflict, it is the lifeline. It is not only the instrument that marks the ship's path when the sea is calm, is also the lifeline when the ship seems to be about to sink in a complicated sea," said Rosatti.
Horacio Rosatti pontificated legal certainty and related it to the Constitution
The consideration came in the midst of the judicialization of Javier Milei's mega DNU, which has halted the labor reform provided for in the decree and which encountered resistance from the CGT, whose protection reached the supreme court.
In this context, Rosatti reviewed political theory, in which he focused on "legal certainty."
And he spoke of the
inability of politics to resolve situations
that later reach Justice.
"There is a factor of insecurity in the system of norms, which is that the law can be modified, it can be reformulated, reformed and it can also have more than one interpretation for policy, for those who apply it, for judges," Rosatti started before businessmen.
The judges of the Supreme Court, at the opening of the ordinary sessions in Congress.
Photo Federico López Claro
"If one wanted to look for a metaphor for how legal security operates in a competitive capitalist system, thinking about the Olympic water diving competitions, businessmen must take the risk of making increasingly imaginative figures in the air, but they do it on a certainty that they are going to fall into a pool that has water, that is legal certainty," said the president of the Supreme Court and former mayor of Santa Fe.
"There is legal uncertainty when the Constitution is not complied with. A year ago, in this same forum, I said that the Constitution must be complied with - for which you must know it - when, for example, currency is issued uncontrolled. Because art. 75 section 19 of the Constitution establishes, as a competence of Congress, the defense of the value of the currency. And the currency is defended when it has backing, and not when it is issued without backing. Because this is a form of debasement, which is what contrary to defending," he recalled.
"There is also a conspiracy against legal security when a judicial ruling is not carried out, especially if it comes from the Court, which is the last interpreter of the national legal order. Legal security is also violated when vacancies within the Judiciary are not filled. As historically occurs in Argentina, there are more than 25% of vacant positions of judges throughout the country. This is an institutionalized way of conspiring against legal security," said Rosatti.
And in a message to politics, he warned: "And the postulate of legal certainty is not met, it is challenged, when issues that must be resolved by politics are judicialized. And this has been happening in Argentina for many years.
The "judicialization of typically political issues
. Faced with the
inability of politics to resolve certain situations, the problem is projected towards a judicial instance
. "
"We could develop a theorem: the more public debate, the less interference by Justice; the less public debate, the more desire for intervention by the courts of Justice. The judge is not there to replace politics; he is there to comply with the rules that, among other reasons, they come from the political establishment," said the member of the highest court since June 2016.