Friday , June 24 2022

How was the decision of the Supreme Court drawn up that restricted the power of its president to protocolary functions


This Tuesday, by Agreed 44/2018, Faculties delegated to him by the President of the Supreme Court of Justice were cut. The regulation replaced – mostly other decisions – two articles of the National Justice Regulation establish that the decisions that match the practice of the supervision will be adopted with a three minister's voting and will be Most people are required to designate and receive employee and employee resignations. The agreement also states that the ruling and renewal of upper court personnel contracts and the rest of the Nation Judicial Power courts will be determined in the same way.

The ministers Ricardo Lorenzetti, Juan Carlos Maqueda, founded Horacio Rosatti and decided in article 113 of the National Constitution saying "the Supreme Court will determine its internal regulations and appoint its employees." Those faculties that have the responsibility of the body – that is, all the ministers – as the head of the Judicial Power to delegate to the President's figure through the 1961 Agreement and another one of 1990. During the 11 years when Ricardo Lorenzetti was the president of the court, he exercised those delegated powers with decisions that consensus was offered with the rest of the ministers..

This situation was adapted when the new authorities of the Court took. The new president Carlos Rosenkrantz ordered a number of officers to be appointed without consulting with other judges. Therefore, AFIP official official appointed to deal with the tax issues in his board, before number two of the Treasury Attorney, advisory agency & Executive, and former Council employee Literacy, between others. These new appointments are to perform functions in the scope of the Supreme Court as a common denominator connection to the ruling, either because of their membership in the PRO or because they have been providing services for the Executive Branch.

The internal reaction did not take much time to get to and if it was Infobae– produced a great discomfort who sparked in the ruling It was agreed to cut delegated faculties to the president of the court. To the minister's dissatisfaction for the unallocated appointments, Rosenkrantz's intention was added to pursue his voting in matters of internal court. This temperature was even reflected in one of the statements of a dispute where he says "legal legal rules that can not be accepted legally where one or more ministers are adopting, without the help of the President's will, decisions that include budget credit provisions. "That is, according to the consideration of the other judges, kind of voting.

All this situation was stimulating that the other ministers decided about 15 days ago to take the Agreed that the President returns the delegated powers to the plenary and established by art. 113 National Constitution. Due to a few weeks ago, the decision awarded on Tuesday was analyzed by the critics circulating through the boards. Truly, Elena Highton de Nolasco signed and agreed and a few hours later he signed his signature out.

This Tuesday, the agreement that Blanco's verdict began to benefit the retirees for 10 hours in the morning. After the agreement enforced about 11-Lorenzetti, Maqueda and Rosatti told Rosenkrantz that they wanted Accordada to be registered. "Give me an hour, I want to raise a dispute", replied the president of the highest court as he could know Infobae.

The other three ministers accepted and agreed that they would meet at 12 in the Agreement Room to formalize and register. Agreed with the content of the dispute. At the agreed time Lorenzetti, Maqueda and Rosatti went to the hall of the agreements but Rosenkrantz never appeared at the meeting. Meanwhile, between 11 and 12, according to the information he collected Infobae– the president of the Court ordered the office responsible for registering. It was agreed not to protocolize anything until he discharged his disorders, all under caution to summarize who did not comply with what was stated . Finally, the Agreed in question was recorded at 1:30 p.m.

With this cut of delegated powers to the president who returns to the Court's full session, The power of Minister Carlos Rosenkrantz had limited to protocol functions.

Following Judge Elena Highton's decision by Nolasco to cross his signature on the Acordada, in the agreement next week Ricardo Lorenzetti will ask investigate whether the minister received any kind of pressure – and whether it was internal or external – to withdraw his signature.

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