Kirchnerism’s maneuver to maintain an extra member in the Judicial Council remained in the hands of Justice, which must be issued after the presentation made by PRO senators to stop the oath of Martin Donate in the body in charge of appointing and controlling judges.
Last Wednesday, Cristina Kirchner instructed the ruling party in the Upper House to ignore the ruling – resolved by the Supreme Court – that reinstated Louis Judge in the Magistracy. The opposition’s response came two days later: the Cordovan senator, along with his peer Humberto Schiavonifiled a precautionary measure and the conflict escalates.
Also read: The judicial fixture of Cristina Kirchner anticipates a year-end of maximum tension with the courts
In the 29-page presentation, the PRO legislators claim that “absolute and incurable nullity is declared” of the appointments given “the inappropriate appointments of Senators Doñate and (Anabel) Fernández Sagasti.”
The issue was left in the hands of Federal Administrative Litigation Court No. 5, in charge of Maria Alejandra Biottia magistrate who in 2020 asked the Senate to stop the review of the transfers of chamber members Pablo Bertuzzi and Leopoldo Bruglia promoted by Kirchnerism.
“Now the Judge will be able to rule on the merits of the matter or immediately or make room for the precautionary measure,” throbbed Schiavoni, president of the PRO bloc in the Senate, in dialogue with TN.
The dispute originated after the interblock of the Frente de Todos decided to divide in two in order to achieve three of the four seats that correspond to the Senate in the body. The maneuver implied that Judge was left out of the Council and that Doñate entered instead.
Conflict of powers after move K in the Magistracy: what they say from the Supreme Court
A few days ago the Supreme Court ruled in favor of the opposition’s claim, but Cristina Kirchner he devised a move to strengthen his influence in the judicial sphere. He reappointed Doñate as director and, to give the decree greater political volume, put it to a vote in the senatewhich was achieved last Thursday.
The highest court, after the Vice President disobeyed the ruling, now decides to wait for the development of the conflict of powers between Kirchnerism and the opposition. Meanwhile, all eyes are on Horace Rosattipresident of the highest court and who is also part of that judicial body.
“We are not contenders. We are waiting for the different parties to resolve the issue. Us we are referees Eventually, if our intervention is required, we will see what we do”, they expressed on Thursday to TN sources close to the Court. When asked by this medium, Schiavoni pointed out that he does not see a solution as “possible” without the intervention of the highest body of Justice.
Until April of this year, the front of all it was a single bloc in the Senate. It was split in two by order of the Vice President and the Unidad Ciudadana block was created. In this way, the first block (majority in the House) took two directors, the UCR as the first minority took one and the K block, as the new second minority, kept the last one.
Also read: After CFK’s move in the Senate, the ruling party appoints an ultra K deputy in the Magistracy
The Frente de Todos argued that the Court’s ruling only applies to the current composition of the Magistracy, whose mandate ends this Friday. For this reason, during the week he voted for the parliamentary decree in which he insisted with Doñate, who has served as a national senator for Río Negro since 2019 and responds to The Campora.
The appointments are usually sent by the Chamber without the need for a vote: the ruling party wanted to shield the appointment, anticipating a rejection by the Supreme Courtwhich now – according to the K interpretation – would go against the legislative body after it approved a decision by majority.