It consists, on the one hand, in the merger of the Federal and Criminal and Economic jurisdictions, and on the other, the creation of an Advisory Council
He president Alberto Fernández presented at Casa Rosada his proposal of judicial reform so that the magistrates do not act “according to the political climate”, amid criticism of the administration of former president Mauricio Macri in the matter and sectors of Comodoro Py.
The project consists, on the one hand, in the merger of the Federal and Criminal and Economic jurisdictions, and on the other, the creation of an Advisory Council made up of eleven “jurists of undisputed recognition”, that it will have the “task of rethinking the operation of the Judicial Power and the Public Ministry”.
“We seek to overcome that the decision-making power is concentrated in a small number of magistrates, who have the ability to decide in almost all cases with institutional and therefore media relevance,” said the national president.
The bill that he will send to the Senate is called “Federal Justice Organization and Competence Law, and creation of the Advisory Council.”
Point by point, the reform
– The Federal Criminal Justice with seat in this Autonomous City of Buenos Aires, through the consolidation of the Criminal and Federal Correctional and Economic Criminal jurisdictions.
– Each of these Courts will henceforth act with one of the two secretariats that they currently have. The rest will become the secretariat of 23 new courts that will join to finish forming the jurisdiction.
– It is encouraged that the new Federal Criminal jurisdiction start operating as soon as possible. For this reason, it has established a system of subrogations that seeks maximum transparency in the temporary appointment of magistrates, in which the National Chamber of Cassation in Criminal and Correctional Matters, the Council of the Magistracy and the Senate of the Nation will be required to provide the corresponding Agreements for those who are subrogates.
– The unification of appeals chambers and creating oral, prosecution and defense courts so that they join the new scheme that has been designed and give it the best performance.
The proposal was presented amid criticism of sectors of Comodoro Py
– The competence to investigate and judge all of the cases is transferred to the Autonomous City of Buenos Aires. non-federal crimes committed in their territory, thus completing the process of transferring criminal powers that is still pending since 1994.
– It also seeks the full unification of Federal Civil and Commercial matters with that which is characteristic of Administrative Litigation.
– The strengthening of the Federal Justice inside the country.
– The consultive advice for the Strengthening of the Judicial Power and the Public Ministry. To this end, jurists of undisputed technical recognition have been used.
– This Council shall submit to the President’s consideration, concrete proposals on the topics that concern better Justice administration.
– From your recommendations will come bills that the National Congress must debate.
The project will be sent to the Senate
Details of the President of the legislative proposal
With this, the President detailed the objectives of his legislative proposal that contemplates, among other issues, changes in the federal courts and fundamentally of the Supreme Court of Justice and the Council of the Magistracy.
In the White Room of the Casa Rosada, Fernández pointed to the government of Mauricio Macri and maintained that in those four years “the questioning of judges who were independent became everyday. ”
“Procedural arbitrariness was gaining ground at the expense of the rules,” stressed the head of state, while assuring that “doctrines made their way” on preventive prisons that formed a “system of early penalties”, for which “the principle of innocence and defense were violated. ”
At the same time, he said that the project seeks to leave behind “the manipulation of procedural times“carried out by many judges and” pendular Justice “.
“There is a manipulation of procedural times, promoting or stopping them depending on the prevailing political climate, which is called Pendulum Justice“the president stated.
About him Consultive adviceHe explained: “It should raise concrete proposals for an improvement in the administration of justice.” “No one can be surprised” with this proposal, said the president, rejecting criticism from the opposition. The bill that he will send to the Senate is called the “Law of Organization and Competence of Federal Justice, and creation of the Advisory Council.”
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