The president of the Supreme Court of Justice of the Nation, Horace Rosattireferred to Alberto Fernández’s criticism of the Judiciary during the legislative assembly and acknowledged the tension between the three powers in an exclusive interview with Joaquín Morales Solá in from the plain (TN).
“When we received the invitation, we talked among the four ministers of the Court about what our representation would be like. We decided that he would be President and Vice and we knew what the weather could bebut we were convinced that we We don’t have to let passion winneither because of sympathy, nor because of antipathy because we express an institutional representation,” he said.
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Rosatti recalled when he was Minister of Justice in the Néstor Kirchner government and pointed out: “I must say that there are things that you do not read in books, but I saw it in my personal experience. There is always a kind of tension between the representative powers and the Judiciary”.
In this sense, he stated that there is usually “a claim of misunderstanding of one power in relation to the other“for the different roles they represent and ensured that this situation It occurs in most of the consolidated democracies in the world.
“The politician complains because he wants to transform reality with a norm and the judge prevents it because he declares it unconstitutional. There the judge usually says ‘Things cannot be done this way’. It is an almost permanent tension that makes the dynamics of the republican system and you have to get used to this situation”, he assured.
During his speech at the opening of the ordinary sessions, the President strongly questioned the Court: “For some time the Judiciary has does not have public trust, it does not work effectively or show itself independently,” he said. In addition, he remarked that the members of the Justice have “not very transparent” ties with businessmen and members of politics.
“I do not intend to disqualify the entire Judiciary for the conduct of some of its members. I know the honesty of many magistrates and court officials,” said the president. And he continued: “But we cannot continue to look impassively at how the palace disputes unleashed at the headquarters of the country’s highest court for controlling the management of the economic resources of the Judiciary end unleashing inadmissible abuses”.
While Alberto Fernández pronounced these words, Rosatti together with Carlos Rosenkrantz remained with their arms crossed, their faces serious and their gaze forward. In relation to his attitude on the premises, the President of the Court stated: “Just as one claims that one must have regardless of any circumstance of affection or sympathy when he dictates a sentence, where only the file is valid and what we must solve, we must behave in the same way when we express an institutional representation ”.
“If the country’s main court made its decisions based on affection or disaffection, what could a retiree, a worker or a businessman who wants to establish an industry in the country or who wants to make an investment expect?” he stated. He also emphasized:For us the institution comes first and above the institution is the Argentine Constitution”.
In this sense, he indicated: “If we do not express a temperance of mind or spiritual serenity to make our decisions we would be like the pilot of a plane in turbulence who the crew finds desperate, shouting or crossing himself. What would await them?
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Despite the discomfort of the moment, the member of the Court ruled out the possibility of withdrawing from Congress in the middle of the speech: “It would have been a triumph of subjectivity above the objectivity expressed by the institution we represent”.
Impeachment of the Supreme Court
Although he did not want to comment on the investigation process that is being carried out in the Impeachment Committee of the Chamber of Deputies, he maintained: “We witnessed this situation and we will bear it as we see fit at every moment we must bear it.” In any case, he questioned: “Can judges be judged by sentences? Beyond this impeachment, the answer is no.”
He also criticized: “The Court does not invent the cases. It is not that one says ‘today I get up and I am going to mess with another state power’, the causes arrive. We act because they ask us to act. What cannot be said after requesting the performance is ‘you are not competent for this’”. And he marked: “It is not understood why I knock on the door and ask for justice and then say ‘whoever is answering me is not authorized’ to do it when I was the one who knocked on the door.
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On the other hand, he assured that the judges “feel supported by the Court to freely apply the Constitution” and insisted: “I am not ashamed to say that there needs to be a strong judiciary that you know what you have to do; but we also need a society stronger than the three powers”.
Drug violence in Rosario
Regarding the critical situation in Rosario, The president of the highest court brought to the present a phrase that he said a year and a half ago: “I had said that the main problem in Argentina was going to be drug trafficking in three or four years, but the terms were shortened.”
For Rosatti, the problem has to be approached from different perspectives and stated: “The same criminal procedure code does not apply; In some provinces, drug dealing and drug trafficking are separated. There should be an articulated approach. That is not happening now and one sees that the crime is organized, but the way to combat it is not and it must be resolved by politics”.
“Here you have to express a clear political vocation and that all the parties involved are articulated. I believe that in this way they will fight seriously, ”he concluded.