The request for impeachment of the members of the CSJN falls within the provisions of art. 53 of the CN, being its complaint and request for promotion a power of every inhabitant of the Argentine Nation, and a duty for every public official facing a hypothesis of poor performance or possible commission of crimes in the exercise of public function.
The political trial Its purpose is only the removal from office of the members of the CSJN, in case any of the hypotheses of authorization of the impeachment are configured, which has to be resolved by the vote of two thirds of the members that make up both Chambers of the National Congress. It is not a judicial function; sentences issued by the CSJN are not reviewed, nor are sentences applied to its members.
The Province of Buenos Aires against the Supreme Court
It is the only mechanism available to the Argentine people and their representative authorities to ensure the duty of obedience to constitutional supremacy (art. 36, CN), and exercise control over a branch of the Federal Government that does not meet the requirements of being representative and republican, as established in art. 1 of the CN, since its origin is that of being a lifelong, aristocratic and counter-majority power, for “…prevent possible populist or demagogic overflows of political powers…”, according to its source of inspiration, the Constitution of Philadelphia (USA, year 1787). The Argentine people must remember that our CN regulates first the Legislative Power, then the Executive Power and finally the Judicial Power. The first two are representatives and republicans and express the political sovereignty of the people of the Argentine Nation.
After the government’s claim, the UN asked that they ensure “the full independence” of Justice
They configure acts of institutional violence (art. 36, CN), when a power of the Federal Government, with legitimacy of origin, transgresses the regulated limits of its constitutional powers to appropriate those of the other powers of the Government, with which the National Constitution leaves to govern to the same extent.
As the CSJN has maintained throughout its valuable history, The greatest merit of the Nation’s Judicial Power is knowing how to stabilize within the framework of its regulated powersand issue their pronouncements according to the state of the situation at the time of issuing their rulings.
Larreta met with Governor Valdés and criticized “the attack on the Supreme Court”
It cannot, nor should it be tolerated, that the head of the Nation’s Judicial Power appropriates and exercises, with ostensible demerit for the institutionality, powers proper to the Nation’s Legislative Power (precedents Council of the Magistracy and CABA co-participation), or exercise health police faculties (precedent CABA school presence), contravening the opinion of experts in public health and epidemiology, thus usurping powers of the National Executive Power.
Much less, to tolerate a CSJN that has not done anything, in any pronouncement or agreement, that would put a stop to judicial persecution (“Lawfare”), began the multiple complaints that have been filed, nationally and internationally, that collect distinctive condemnatory pronouncements of violations of the principles of suitability, impartiality, independence and competence, which must be satisfied in the judicial function.
With last-minute changes, Kirchnerism is preparing to begin the impeachment of the Supreme Court
It is regrettable that regional entities, which bring together different judiciaries, have spoken in solidarity with the current CSJN, without the slightest consideration or response to the judicial resolutions that objectify the poor performance of the Court, and to the ongoing investigations into spurious contacts. between officials of the Court and political representatives. Corporate solidarity is not a good adviser in these cases.
Finally, that we alert the people of the Argentine Nation against public pronouncements by business entities and their surroundings that try to disfigure the impeachment institute and that openly cover up the poor performance or possible commission of a crime by members of the CSJN.
No one can feel above the pyramid of the positive Argentine legal order, nor claim a supra-constitutional power. The Rule of Law and its foundation stone, which is the division of powers, are at stake, as well as the political sovereignty of the people of the Argentine Nation.
*Titular Consulting Professor; fac. Law; UBA. Conventional National Constituent; year 1994.
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