President Alberto Fernández once again questioned the actions of the Supreme Court, considered that since the return of democracy Justice is the only power whose “operation was not reviewed in detail” and elaborated on the creation of a court “on par” with the head of the Judicial Power, which could act as a parallel instance to define the eventual existence of “arbitrariness “in the processes.
“In Justice we have to put our hands, without any doubt; put a hand means to correct things, institutionally speaking, with laws; We must change procedures and forms, “said Fernández in dialogue with radio AM 750.
“Justice is the only one of the powers that in 30 years of democracy its operation was not reviewed in detail. The time has come for us to do so. This is not to alter anything in the current procedures, but to do better Justice “.
The Supreme Court of Justice.
Fernández’s statements emerge while Kirchnerism defines whether it advances with the reform and what content it will have. In this context, the president promptly questioned the application by the Supreme Court of the Article 280 of the Civil and Commercial Procedure Code and the Per Saltum.
“The text of that article gives the Supreme Court a certain right that when (it thinks so) it should not intervene. The Court says’ in application of Article 280, I do not take this case ‘, and then it says’ I do take this ‘. A system of great inequity is generated“, said the president and added:” This article has no more foundation than the ‘I feel like it’ and that is deeply inequitable. “
For Fernández, one source of the problem is that at the beginning “the Court was thought of as the American Court, a court that controls the constitutionality of the decisions, verifies that constitutional norms are not violated “.
Then he continued with Per Saltum: “It is an unusual resource, very strange and that the continuity of its existence should be verified, that allows the Court to take hold of any case in process, remove it from the court where it is and say ‘in that case I decide’ “.
The president said that in the last ten years there have been two Per saltum: “the first when Cristina Kirchner sent the law for the democratization of Justice and the second with the transfer of judges Bruglia and Bertuzzi.”
“One wonders: that in those cases – such as the transfer of these two judges – have seriousness and institutional urgency, but the revision of the sentence of a vice president (Amado Boudou) to more than 5 years in prison has no urgency or seriousness . By what criteria does the Court act? Cristina Kirchner has 11 appeals before the Court that never received any response, “said Fernández.
The president said that for these reasons the so-called “Beraldi Commission” was born: “There were very prestigious people. One of the issues (they spoke about) is Article 280 and the possibility of creating a court similar to the Supreme Court of Spain.”
Alberto Fernández announced that, based on the conclusions of the Beraldi Commission, they are analyzing creating this court similar to the Supreme Court of Spain: “It is not a court that is below the Supreme Court, but is on par. It handles all those cases that the Court calls arbitrariness. “
He explained: “Thus, instead of the Court receiving these arbitrary cases and deciding whether to take them or not, that court should analyze (those cases where there is) arbitrariness.”
“We have to study it and see what we do for the future. They are precedents that tomorrow they will apply to any Argentine, and that is very serious, “he concluded.