Photo: Deputies Press
The Supreme Court of Justice of the Nation ordered this Thursday that the four national deputies appointed to represent the lower house in the Nation’s Council of Magistracy be sworn in, considering their initial appointment correct and stating that they have “the constitutional duty to adopt the appropriate measures to avoid eventual paralysis” of that body in charge of administering the Judiciary, proposing judges and controlling their conduct, reported court sources.
The deputies ordered to take the oath are Rodolfo Tailhade and Vanesa Siley, of All Front; Alvaro Gonzalez, PRO, and Roxana Reyes, UCR.
The Court considered valid the parliamentary resolution that appointed those legislators proposed by the respective blocs and duly elevated to the Council so that the organization’s president, Horacio Rosatti, also head of the highest court of justice, could take an oath.
In an agreement, the Court ordered that “the President of the Court receive from the counselors Vanesa Raquel Siley, Rodolfo Tailhade, Álvaro González and Roxana Nahir Reyes the oath of law for their incorporation into the Council of the Magistracy on behalf of the H Chamber of Deputies of the Nation”, was indicated in the text published today in the Palace of Justice.
“The act was preceded by (parliamentary) resolution RP No. 1608/22 of the Presidency of that chamber, through which the aforementioned deputies were appointed as full members of the aforementioned body,” he added.
He also recalled that on November 30, the parliamentary secretary sent Rosatti a copy of resolution RP No. 1634/22 of the Presidency of the Lower House, which annulled the previous resolution, after learning of a ruling by first instance judge Diego Martín Cormick that he had annulled the appointment of Reyes as a counselor arranged in April 2022 and is now running for re-election in the Magistracy.
The suspension of the list, ordered by the head of the Chamber of Deputies, Cecilia Moreau, arose from an appeal to Judge Cormick’s measure, which generated the rejection of the opposition and, in addition, led to a series of incidents that made thwart a session on December 1.
“First of all (…) this Court has the constitutional duty to adopt the appropriate measures to avoid the possible paralysis of the Council of the Magistracy and, in this sense, it must tend to the integration and operation of the body in accordance with the National Constitution in the shortest possible time and guaranteeing legal certainty“, the Court held.
“Likewise – he said -, the different estates that make up the Council of the Magistracy have the constitutional and legal duty to designate their respective representatives, and the delay or breach of that duty cannot delay, frustrate or paralyze the operation of said body constitutional”.
In this sense, he recalled that article 2, paragraph 3, of Law 24,937 of the Council of the Magistracy provides that in that body there 8 legislators: 4 national senators and 4 national deputies.
“As appears from the text of the regulation, the power of the presidents of both chambers of Congress to designate their representatives before the Council of the Magistracy can only be exercised after a proposal from the respective parliamentary blocs. Hence, the presidents of both chambers
they can only modify or revoke such designations following the same previous procedure,” he clarified, objecting to the measure ordered by Moreau.
The agreement was signed by Rosatti and his peers Carlos Rosenkrantz and Juan Carlos Maqueda.
