CABA co-participation: the national government extended the challenge against the Court

The Government expanded the challenge against the Supreme Court judges in the co-participation case and urged the judges of the Court to convene judges, elected from among the presidents of the Federal Chambers throughout the country, to resolve the appeal. The presentation bears the signature of the Treasury Attorney, Carlos Zannini, who within the extension mentions the request for impeachment against the ministers of the supreme court and the alleged chats between an official of the highest court and the Minister of Justice and Security of Buenos Aires on leave Marcelo D’Alessandro. Last December, the Executive had challenged the four magistrates of the Supreme Court: Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti, and had filed a request to revoke the ruling. But on this occasion, he expanded the recusal and stated that in order to resolve it the judges of the Court should summon judges: “To any event, and although circumstances are configured that amply justify the recusal articulated here, I request that the judges who are members of the Court excuse themselves from intervening from now on in the processing of these proceedings. for reasons of decorum and/or delicacy linked to the exercise of the jurisdictional function,” the filing says. The extension of the recusal, in the case of Rosatti, is based on the appearance of two new facts, in principle the alleged chats between D’Alessandro and his private secretary Silvio Roble, and the political trial that is being processed Congreso.La presentation demands that the judges of the Court appoint co-judges to resolve the recusal presented in December, as established in Article 22 of Decree-Law No. 1285/58, ratified by Law No. 14,467, which provides that in cases of “recusal, excuse of any of the members of the Supreme Court of Justice of the Nation, this court shall be integrated, up to the legal number to rule, by drawing lots between the presidents of the national chambers of appeal at the federal level of the Federal Capital and those of the federal chambers. with seat in the provinces”. At the end of the year, the Supreme Court issued a precautionary measure in favor of the City Government in its claim for co-participation, where it raised the co-participation funds to 2.95 and ordered that the Executive return to transfer that amount of funds daily. For this reason, the government of Alberto Fernández challenged the judges and asked for a reversal of the ruling. For its part, the government of Horacio Rodriguez Larreta denounced that the national administration was not complying with the resolution and that the bonds that were announced to pay were not the appropriate way. After those presentations, the illegal chats between D’Alessandro and Rosatti’s advisor were leaked, which opened a controversy regarding whether Robles had advised the GCBA, for which criminal complaints were raised. One of them was filed by the federal judge, Sebastián Ramos, who argued that the messages were obtained illegally. 

Original source in Spanish