The lawyer and director of Legal Affairs of the Senate, Grace Penafortfiled a recusal against the judge horace rosati and questioned the Supreme Court of Justice for not making the complaint public in its system.
According to the lawyer, the president of the highest court of justice cannot intervene in a case that has him as “judge and party”. It was initiated by the senators of Together for Change, louis judge and Humberto Schiavoniin claim for the place of Cordoba in the Council of the Magistracy.
What Peñafort explains is that Rosatti, as part of the body of the Court, he would express his vote being also head of the Council of the Magistracy. He also adds that his claim is based on article 30 of the Civil and Commercial Procedure Code, which indicates that judges must excuse themselves in this type of case.
Rosatti had already intervened before a judge’s complaint under the same request: replace the official Martin Donate in the Magistracy. The ruling was favorable to the Juntos por el Cambio legislator, but the period in which he was to occupy the bench expired. That is why he renewed his request to replace Doñate between 2022 and 2026.
Although the amparo request by the Judge and Schiavoni was rejected in the first instance, the senator insisted through a “by saltum”a legal resource that skips the second instance and takes it directly to the Supreme Court.
They closed the case against Horacio Rosatti’s spokesman
Rosatti and his position on both sides of the counter
In the brief presented by Peñafort, it is argued that the presentation of the senators intends for the Court to advance “on the exercise of exclusive powers of the Legislative Power of the Nation, in particular, of the Senate of the Nation.”
“By assuming Rosatti (by his own decision) the character of President of the body of the Council of the Magistracy, he is accredited without further discussion direct interest that judicial intervention supposes in determining the composition of the representation of the political blocs”, he adds.
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On the morning of this Tuesday, February 7, Peñafort assured that the challenge was not uploaded in the digital system of the Court despite being mandatory, in order to cover up what happens with the president of the body.
This request by the lawyer occurs while the National Government tries to approve the impeachment trial against the members of the highest court in a commission of the Chamber of Deputies.
GI/fl
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