Alberto Fernández appeared in Congress to start the ordinary sessions, and read a speech in which the last half hour was dedicated to the Supreme Court:
“The episodes recent in the quarrel by the resources national and his co-participation with our provinces they made evident which is he block of interests traditional that pretend consolidate the huge asymmetries that still exist in the Argentina. While many provinces need to carry out works that ensure services as essential as drinking water for their inhabitants, the Court supreme of Justice assured precautionary to the City autonomous of Good airs resources coparticipable that No you correspond contradicting the law of co-participation current. It takes money from those who need it most and allocates those same resources to the most opulent city in the country.”
“I am proudly a porteño. I love this city where Jorge Luis Borges, Roberto Arlt, Marta Minujin, Niñí Marshall, Aníbal Troilo, Marta Argerich and Luis Alberto Spinetta were born. Extraordinary beings who marked our culture. But I cannot be indifferent when seeing the asymmetries that separate this marvelous city from corners of the country where the dreams of Argentine men and women who seem doomed to oblivion are postponed.We do not want to perpetuate so much injustice. Us ethically we are forced to put end to so much inequality and take out of the postponement to who they have left submerged in the poverty by empire of policies that concentrate the wealth with this criterion centralist that so much rejection generate in he inside of the Homeland”
“The co-participating resources are distributed according to the forms established by an agreement law that each of the Argentine provinces and the National State have signed. The Autonomous City of Buenos Aires is not part of that agreement. It has no rights over those resources. It must receive them from the National State when it transfers a service that it provided until then. This decision is part of the administrative management of the National Executive Power and cannot be replaced by another power of the republic.”
The meddling of the Justice in the execution budgetary is definitely inadmissible. It exceeds its faculties, forgets the jurisprudentially established rule that recognizes “non-judiciable political issues” and puts at risk the redistributive logic of the Federal Coparticipation Law, causing severe damage to the balance of public accounts. Every time I came to this venue, I expressed the need to work together to make the necessary adjustments to our judicial system. Now, when democracy reaches its forty years of validity, we must reflect on the quality of our institutions”
“I promised to the assume the Presidency that would put end to the basements of the democracy. It I did. He staff of intelligence of the State already No HE links with the judges. The resources of the Agency Federal of Intelligence are public. No exist operators that in name of the government they buy wills judicial. By impulse of the Government National, No there is do you listen neither meddling in the privacy of no citizen. He espionage internal already No exists. All and all they can think freely without fear he harassment of the can state”.
“I say all this knowing that such work is useless if members of the Justice and the Public Ministry are intertwined in non-transparent ties with businessmen or emissaries of politics that operate as authentic factors of power. I am not speaking in the abstract. Recently, it took state public what many of us described and denounced: the collusion between some magistrates, media businessmen, former intelligence agents and politicians”
“Unfortunately, he Can Judicial does time that No account with the trust public, No works effectively and No HE sample with the independence required forehead to the powers factual and politicians. Examples abound. We know how precautionary measures were issued that prevented regulating the price of basic telecommunications services without the underlying issue having been resolved to this day. We also saw how, through precautionary measures, imports that did not mean any priority for the country were enabled. Thus, a practice was imposed that allowed, over and over again, to circumvent the law through precautionary measures”
“Faced with this state of situation, it is necessary to take action on the matter and work to find a solution. Already in 2020 I convened a group of prestigious jurists in order to study alternatives so that, in this Honorable Congress, progress can be made in the reforms that our judicial system needs. I proposed reforms so that all possible improvements were debated and introduced. The proposal was approved in the Senate and was never discussed in the Chamber of Deputies”
“Just as the Executive Power suffered the interference of the Judicial Power in its own functions, this same Congress had to endure the interference in its prerogatives when the Supreme Court unduly arrogated to itself the power to determine how this legislative body should designate its representatives before the Council of the Magistracy. The institutional seriousness that all of this entails is capital. I want to draw the attention of all Argentine men and women to this. If that reform of the Federal Justice had prospered and if the Supreme Court had not assaulted the Council of the Magistracy, today Santa Fe would not be suffering from the lack of courts that prevent the rapid prosecution of organized crime that has expanded in its territory”
“Who are responsible for the fact that the Council of the Magistracy has not worked for a year? Who has run over the republican institutions? Unfortunately, the actions of the members of the Supreme Court of Justice of the Nation led us to present a request of impeachment before the Chamber of Deputies, which will decide whether to accuse them before the Senate. Any argument that claims that the claim violates the Republic or the rule of law is false. They only have to go and read article 53 and 59 of our National Constitution. There is no attack or attack against Justice. It is requested that the performance of the magistrates that make up the Supreme Court of Justice of the Nation be reviewed with all the guarantees and in the corresponding instances.”
“I do not intend to disqualify the Judiciary in its entirety for the conduct of some of its members. I know the honesty of many magistrates and judicial officials. But we cannot continue to look impassively at how the palace disputes unleashed in the highest court in the country for controlling the The management of the economic resources of the Judiciary end up unleashing inadmissible abuses. I fulfilled my part. I claim in defense of the Rule of Law. I do not deviate a single centimeter from strict respect for the National Constitution. We are not the ones who violate the Constitution. The that attacked against the Constitution are the that they armed tables judicial and they were chasing with resources state to judges, to journalists, to politicians opponents and until to their own companions. No pretend now give lessons of institutionality and fervor democratic. Only wanna leave in clear who respect the Republic and who No”
“We do not appoint judges who are members of the Supreme Court by decree. We do not distort laws through regulatory decrees so that our relatives can launder money. We do not transfer judges and integrate Chambers to influence cases in which opposition politicians are persecuted. They are not our officials those who flee from Justice alleging persecution.Those who exceed the limits of their powers and ignore the powers of the Legislative Power and the Executive Power, forgetting that the aforementioned division of powers applies to everyone in the republic. Constitution those who before any unfavorable sanction of laws run to prosecute the measure taking advantage of their friendships with judges who dishonor the Judiciary”.
“Let no one forget it. We live in a republic. We all deserve the protection of guarantees. Every citizen must be treated with the rigor and guarantees established by our legal system. We live in a State of Law. For years we have been denouncing the conformation of a structure that operates in a coordinated manner in which members of the Judiciary, the media and opposition politicians are involved.On several occasions this action was supported by the intelligence and security services in clear violation of the prohibitions established by the law”
“Does some months is organization crowned his performance with a sentence in first instance to the Vice President of the Nation. It they made after simulate a judgment in he that No HE they took care the shapes minimum of the due process and HE formulated accusations that scratch with he absurd legal searching his disablement policy. I want to highlight that this sentence is the corollary that is reached after the nonsense of a series of jurisprudential interpretations that have been repeated since 2015 and that contradict the most elementary principles of criminal law. “He could not have not known,” they maintain. In this way they presume fraud, punish according to a certain criterion of strict liability and impose copyright criminal law. Then the person is punished for what he is and not for what he has done.
“Any student of criminal law would be astonished at such a regression. Liberal criminal law, born under the protection of the French Revolution and which evolved with the best dogmatics in continental law, would be disgusted to observe such conclusions. The courts still have time to replace the rule of law and put an end to so many outrages committed by invoking Justice. I want all of us to reflect on what I have said here. No matter our closeness or political affinities, it is about restoring the rule of law and asserting our constitution. We lift our voice because the demand for justice becomes valid once again when the law is twisted by hatred and political persecution”.
NOTE IN DEVELOPMENT
by RN
