Justice gave rise to the protection of Luis Juez and blocks the arrival of the camporista senator to the Magistracy

The Justice gave rise to the amparo presented by the PRO senator Luis Juez, as TN learned, and in this way, annulled the Senate decree that had appointed the ruling party Martín Doñate in his place.

This Friday, the Federal Administrative Litigation Chamber declared the nullity of the arrival of the camporist senator to the Upper House. However, the appointment of the representatives of said body is an attribution of the Senate, which is resolved through a decree of the president of the Chamber based on the proposals of the blocks, so that after the resolution a new one is opened dispute with Cristina Kirchner.

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In ruling 64341/2022, “the absolute and insane nullity of article 1 of DPP 86/2022 and of everything acted upon accordingly, regarding the appointment of senators Claudio Martín Doñate and Anabel Fernández Sagasti, to integrate the Council of the Nation’s Magistracy as titular and substitute members respectively”.

The vice president had appointed the camporista senator to integrate the Council of the Magistracy. (Photo: Twitter @martindonate).

“In this scenario given by a set of guidelines issued by the Highest Court, the partition of the block “Frente de Todos” is clearly harmful, in terms of the precautions required by law for the origin 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 preceding “Judge”-, of the rights of the actors and is unenforceable for the purpose of forming the Council of the Magistracy for the period of mandates between the years 2022 and 2026″, is specified in the resolution.

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The maneuver of the Frente de Todos that Justice rejected

On April 19, by order of the Vice President of the Nation and head of the Senate, the block of the Frente de Todos was divided in the Upper House to, in this way, convert one of the blocks into a “second minority”, and thus removing the possibility of the PRO to take the representative for the body in charge of choosing and sanctioning the judges. Cristina Kirchner named the camper Martín Doñate.

After the maneuver, the national senator for Córdoba, Luis Juez, and the head of the PRO bloc in the Senate, Humberto Schiavoni, filed an appeal in court, which in April of last year was rejected by the federal administrative court judge Pablo Cayssials and the prosecutor Edgardo Tobías Acuña.

The arrival of the PRO senator to the Judicial Council will depend on the president of the Senate. (Photo: NA – Marcelo Capece).

In February, the Court dismissed the ruling party’s maneuver for considering the division of the Frente de Todos bloc illegitimate and denied Doñate’s swearing in, but did not order the Senate to appoint Luis Juez.

Given this new ruling by the Justice, the participation of the PRO senator is not yet confirmed since Cristina Kirchner is in charge of appointing the representatives of the Magistracy. With this panorama a new dispute is opened in the Upper House.