Argentine President Alberto Fernández on Wednesday called for an “honest discussion” on the “best formula” for the Supreme Court, at an event in which he listed several initiatives to change the country’s justice and security system.
The declaration was made hours before the Supreme Court’s decision to declare the unconstitutionality of a law that reduced from 20 to 13 members the composition of the Council of Magistracy, the body responsible for appointing magistrates. The change had been made during the government of President Néstor Kirchner.
“It is necessary to establish an honest discussion about the best formula for the Supreme Court of Justice of the Nation,” Fernández said as he attended the year-end meeting of the Economic and Social Council at the Teatro Nacional Cervantes.
“Delays in the service of justice, together with elements that do not contribute to its proper functioning, make it necessary to review its working mechanisms, the number of members and the division of tasks in the highest court,” he added.
A week ago, the Argentine government presented an initiative to the Senate to modify the Council of Magistracy and increase the number of members from the current 13 to 17.
Also according to Fernández, the debate on a new configuration of the Supreme Court is a task “that we must promote with the highest level of patriotism, a broad republican spirit and adherence to the truth” and an issue on which “no one is absolutely right”.
The Argentine president argued that when he was Chief of Staff during Néstor Kirchner’s presidency (2003-2007) the country managed to “recreate a credible, prestigious and elected court for democracy through innovative mechanisms of popular participation”, and pointed out that ” this is the path we have to rebuild today for the good of all.”
Since 2006, the Argentine Supreme Court has been composed of five judges, although one of them resigned last month, and the appointment of a new member is pending.
The appointment of the ministers of the Court is an attribution that corresponds to the president of the country with the approval of at least two thirds of the present members of the Senate.
election of judges
At the same event, Fernández proposed “to promote the debate on the best way to select and elect judges through the Council of Magistracy”, which, according to him, “is an essential area for institutional credibility that requires a clear improvement”.
Fernández recalled that the government this month presented a bill to Congress to reform the body, which is in charge of proposing candidates to the Executive for positions of lower court judges, in addition to having the power to apply disciplinary measures to magistrates and decide on the opening of removal processes.
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