The president of the Supreme Court of Justice of the Nation, Horacio Rosatti, said this Friday that the “power” of Justice in a republican system “It is in applying the Constitution and the laws, not in speaking difficult”.
In addition, he mentioned the need for “clear and fast, simple procedures that respect guarantees” and questioned the traditional idea that judges only speak for their rulings.
“Every time I am more convinced that those of us who assume institutional responsibilities and are within the judiciary must, on occasion, raise our voices and speak beyond our sentences,” he said. Basically “when it comes to claim the division of powers, republican values and the independence of the Judiciary in its different spheres.
Lastly, he identified the Court as “one more mechanism within a system that has territorial and materially differentiated powers”, but where an articulated and joint vision must prevail “according to a purpose that is to apply the Constitution and the laws to do justice”.
A system that, he acknowledged, “has problems, faults and insufficiencies”but that it has a “huge proportion of honest, decent and capable people”.
Rosatti participated today in the inauguration of the judicial year of the Judiciary of Córdoba, held in the Hall of Lost Steps of Courts, in the capital of that province.
The meeting was opened by the president of the Superior Court of Justice, Sebastián López Peña, who gave the Opening Conference of the Judicial Year 2022 accompanied by Domingo Juan Sesin, Aída Tarditti, Luis Enrique Rubio, Mercedes Blanc de Arabel, María Marta Cáceres by Bollati and Luis Eugenio Angulo.
In front of provincial, municipal and national political authorities; the other judicial authorities of Córdoba and union representatives, educational, professional, religious associations and the armed and security forces of the province, Rosatti was in charge of closing the meeting. The president of the Supreme Court ratified “the deep commitment of the Supreme Court of Justice of the Nation in preaching clear language, so that everyone understands us.”
The recipient of the legal word, he said, “is the entire community,” which requires “deep reflection” from judges regarding “to what extent is the technical component necessary” in their resolutions. “We need sentences that are understood, with short paragraphs, that express a logical and coherent reasoning”he insisted, urging to avoid “long, overwhelming paragraphs” and “sentences several times linked, with subordinate ideas within the same paragraph.”
Law, he said, “besides being a science, it is an instrument of conflict resolution” and, as such, “the circle of attention regarding the recipients of the legal word” is amplified. Sometimes “we resort to words, formulas, neologisms and latin words that express a false erudition or a shortcut against the abandonment of logical reasoning”, but “there are other ways of saying the right that we can go through”.
Rosatti emphasized the importance of practicing “a constant, daily exercise with the forms and understanding of language” and questioned the use of authority arguments in rulings “as a manifestation of strength and not of prestige.”
In this sense, he insisted that the citizenry in its entirety is the recipient of the judicial messages, and not only the parties in litigation. “The judge has to be the first translator, the one who writes so that it is understood”, so as to avoid “that the factual difference between those who understand everything and those who understand a part becomes a hierarchical difference“, argument.
“There are many reasons for which the community questions the judicial functioning. There are own faults and deficiencies, there are misunderstandings. I invite you to think how many of these misunderstandings and own failures do not come, to some extent, from not using plain language”, Rosatti warned.
