How was the decision of the Supreme Court that limited the power of its president to protocol functions


This Tuesday, through the Agreed 44/2018, the powers delegated to him by the President of the Supreme Court of Justice were cut. The regulation, among other resolutions, replaced two articles of the National Justice Regulation, which establishes that the decisions corresponding to the exercise of oversight will be adopted with the vote of three ministers and the same majority will be required to designate and accept the resignations of employees and employees. . The agreement also stipulates that the award and renewal of the contracts of the staff of the highest court and other courts of the Judicial Power of the Nation shall be decided in the same manner.

Ministers Ricardo Lorenzetti, Juan Carlos Maqueda and Horacio Rosatti founded the resolution in Article 113 of the National Constitution, which states that "the Supreme Court shall dictate its internal regulations and appoint its employees." Those faculties which the plenum of the body has – that is, all the ministers – as head of the Judiciary had been delegated to the figure of the President by an Agreement of the year 1961 and of the other of 1990. During the 11 years in which Ricardo Lorenzetti was president of the court, he exercised those delegated powers with decisions for which the consensus was previously sought with the rest of the ministers..

This situation was modified when the new Court authorities took office. The new president Mr Rosenkrantz ordered the appointment of several officials without consulting the other judges. So he appointed a former AFIP official to deal with tax matters in his council, former Treasury Attorney's number two, an agency that advises the Executive Branch and a former Judicial Council official, among others. These new appointments to perform functions within the scope of the Supreme Court have as common denominator their connection with the decision, either because of their affiliation to the PRO or because they have rendered services to the Executive Branch.

The internal reaction did not take long to arrive and – as it has counted Infobae– generated a great discomfort this triggered in the saying of the Agreement that cut faculties delegated to the president of the court. To the dissatisfaction of the ministers for the unassigned appointments was added the intention of Rosenkrantz to assert their vote more on the internal organization of the court. This temperament was even reflected in one of the recitals of his dissent in which he says "are not legally admissible operating rules in which one or more ministers adopt, without the help of the will of the president, decisions involving budget credit provisions." Or or, in the light of the consideration of the other judges, a kind of qualified vote.

This whole situation motivated the other ministers decided about 15 days ago to take the agreed to that the President return the delegated powers to the plenary and which are established by art. 113 of the National Constitution. That is how a few weeks ago the resolution that was dictated on Tuesday to be analyzed by the judges was circulating through the councils. Indeed, Elena Highton of Nolasco signed the Agreement and a few hours later struck out her signature.

On Tuesday, the agreement in which the decision of the case Blanco that benefited retirees was issued began at 10 o'clock in the morning. Once the agreement was over – about 11 years – Lorenzetti, Maqueda and Rosatti told Rosenkrantz that they wanted the Accordada to be registered. "Give me an hour I want to raise a dissent", he replied to the president of the highest court as he might know Infobae.

The other three ministers accepted and agreed that they would meet at the age of 12 in the Agreement Room to formalize and register the Agreement with the inclusion of dissent. At the combined time, Lorenzetti, Maqueda and Rosatti went to the Hall of Rosenkrantz never showed up at the meeting. Meanwhile, between 11 and 12 years, according to the information collected Infobae– the President of the Court ordered that the office in charge of registering the Agreement did not register anything until he sent his dissent, all under notice to summarize who did not fulfill the indicated. Finally, the agreement in question was registered at 1.30 pm.

With this cut of powers delegated to the President returning to the full Court, The power of the Minister Carlos Rosenkrantz was limited to the functions of the protocol.

After Judge Elena Highton de Nolasco's decision to scratch her signature at Acordada in the agreement next week, Ricardo Lorenzetti will ask that investigate whether the minister received any kind of pressure – whether internal or external – to withdraw his signature.


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