The Justice gave rise to the protection of Judge and revoked the appointment of Doñate in the Council of the Magistracy

The Chamber in the Federal Administrative Litigation today admitted the amparo of national senator Luis Juez and declared the nullity of the appointment of the member of the Senate Martín Doñate in the Council of the Magistracy.In the resolution that bears the signature of judges Rodolfo Facio, Liliana Heiland and Clara Do Pico and justice grants the reason to the Cordoban senator of the PRO, It is detailed: “In this scenario given by a set of guidelines issued by the Supreme Court, the partition of the “Frente de Todos” block is clearly harmful, in terms of the precautions required by law for the admissibility of the amparo action (Article 43 of the National Constitution and Article 1 of Law 16,986) —procedural route that was implicitly accepted by the Supreme Court in the precedent “Judge”—, of the rights of the actors and is unenforceable for the purposes of forming the Council of the Magistracy for the period of mandates between the years 2022 and 2026″. The request of Judge to assume in place of Doñate, had been rejected in the first instance at the end of last year by Judge María Alejandra Biotti, who considered that there were not the criteria of urgency necessary to grant the amparo. And at that time, the magistrate pointed out that the Supreme Court was studying the Judge-Doñate situation and that it would define the substantive issue, that is, how the Council should be integrated according to parliamentary majorities.” In fact, in the ‘Judge’ case, the co-plaintiffs requested their appointment in order to serve the remaining time of the 2018-2022 period, and it was in those terms that their amparo received favorable reception by the Supreme Court of Justice of the Nation. Therefore, there was no reference to the period 2022-2026, which could not have happened without violating the principle of congruence,” he said. However, PRO Judge senators and Luis Schiavoni appealed. For the Court it was “undisputed” that at the time of having to appoint new senatorial councilors “the second minority for the purposes of the formation of the Council of the Magistracy was the PRO Front.” According to the vote of Camarista Do Pico, to which her colleagues on the court adhered, the intervention of the Supreme Court of Justice of the Nation “imposes the solution of the case,” in its capacity as interpreter of the Constitution and highest judicial instance. The ruling indicated: “Regardless of the fact that the period of mandates that is involved here – between 2022 and 2026 – is different from the period of mandates that was involved in the previous “Judge”, and, therefore, in the previous “Bar Association” – between 2018 and 2022 – it cannot be ignored, as the prosecutor of first instance said, that ‘the situation has not changed to the extent that, depending on the partition carried out, the second minority continues to be the ‘Citizen Unity’ bloc, as recognized by the defendant in the report” of amparo.” It can be concluded, therefore, that, according to the recalled jurisprudence of the Supreme Court, the Honorable National Senate failed to demonstrate, with the necessary argumentative force, the existence of relevant differences between this case and the precedents ‘Judge’ and – logically, in that jurisprudential scheme – ‘Bar Association’, it was added.

Original source in Spanish