The Vice Minister of Justice of the Nation, Juan Martin Mena, affirmed this Saturday that the Supreme Court of Justice granted powers that are not its own with the ruling on the Council of the Magistracy, and that sought to demonstrate that it is above the other powers of the State.
“The ruling of the Court on the Council of the Magistracy is incomprehensible and embarrassing. I have no greater memory of the impact on legal security than this ruling, “Mena said during a report on Radio Diez.
The Court declared unconstitutional last Thursday the law that reduced the number of members of the Council of the Magistracy from 20 to 13, sanctioned in 2006.
Fifteen years after the approval of this reform, the Court determined that the composition does not respect the “balance” andAmong the estates required by the National Constitution in the organism that selects, analyzes the behavior and removes the judges.
In the ruling, he ordered Congress toTo enact a new law that guarantees the balance of the different sectors represented in the Council, and also established a maximum term of four months for it to be integrated with 20 members.
Mena considered that “the message they wanted to give is that they are above the other powers of the State”, since the Court “takes by storm an organism of the Constitution, as is the Council “.
“The serious confusion of the Court is that is putting the republican system at risk of the government. A few months ago they annulled decisions of the Executive Power related to public health measures due to the pandemic, and now they are taking the Council by storm, “said the national official.
Mena affirmed that in the same sentence the judges of the Court “assume the powers of the Legislative Power, putting into effect a law that Congress repealed 16 years ago (…) now the Court is going to assume the power to dictate laws in our country. That is inexplicable. “
The Supreme Court of Justice declared the 2006 law on the composition of the Council of the Magistracy unconstitutional.
“It is unprecedented, it has no antecedents in the legal history of Argentina or the region or in any country that has a division of powers. They cannot put into effect a law that Congress repealed because it is not their task,” the vice minister insisted.
On the other hand, he specified that nowhere in the ruling is it explained why the presidency of the Council of the Magistracy is reestablished to the Court. “It wasn’t even raised on the case, the intention is evident to show the other powers of the State that they command“, he indicated.
At this point, the official added that the Court took “six years to study a law that has been in force for 16 years,” recalling that the case began in 2006, brought by the Bar Association of the City of Buenos Aires.
“If this law had been unconstitutional, they would have had to declare it within 15 days at most,” he said, regretting that “now they give the Council 120 days to correct it.”