El presidente Javier Milei ha generado polémica al nombrar a dos jueces para la Corte Suprema de Justicia de Argentina mediante un decreto, eludiendo el proceso habitual del Senado. Este movimiento ha sido criticado por socavar la división de poderes y forzar una interpretación constitucional que favorece un enfoque hiperpresidencialista. La situación ha desatado un intenso debate sobre la seguridad jurídica y el respeto a las instituciones democráticas, con opiniones divididas incluso dentro de la Corte Suprema. La decisión podría sentar un precedente preocupante para futuros gobiernos.
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00:00The appointment of Dr. Lijo and Dr. García Mancilla by decree is...
00:04A horror.
00:06The end of the Republic.
00:08Epa, tell me why.
00:10Well, I think that here we are seeing a change of regime.
00:13Actually, it is not a cultural change.
00:15It is a change of regime.
00:17If you look at the considerations,
00:20which is what we lawyers say is the motivation
00:23for which the president decides to appoint Dr. Lijo and Dr. García Mancilla by decree,
00:30are all political issues that make the Senate not comply with what the president wanted,
00:37which was to quickly designate these two lawyers.
00:42So, the issuance of powers is not respected.
00:46There is a hyper-presidentialist idea that somehow strengthens the constitutional interpretation.
00:53The Senate worked this month.
00:56The reality is that it did not work.
00:58It worked in extraordinary sessions.
01:00So...
01:02And three days before the ordinary sessions came.
01:07And with one who did not even have an agreement in commission and another who had it by force.
01:13So, I think that here it is not a cultural change.
01:17But it is something important.
01:19Today I heard Cuño sitting there with Laje.
01:21It would be a horror for me if Cuño were my grandson.
01:24It is not clear to me what you think.
01:26Cuño says, absolutely without getting colored,
01:31the Senate slept.
01:33No, mistake.
01:34The Senate did not approve what the president wanted.
01:37And that is called counter-power, counter-order.
01:39Weights and counterweights.
01:41The Senate has no obligation and no deadlines to deal with this.
01:46Which is something that revolves in the decree.
01:49Today, President Javier Milley, in the letter of what is published in the official bulletin,
01:56what he does is accuse the Senate of not doing what he intended, which was to designate these two candidates before...
02:02At seven in the morning he tells me, Lucia, I'm reading the official bulletin.
02:05This group is dystopian, I mean.
02:07At seven in the morning he is reading the bulletin.
02:10But the truth is that now another discussion begins.
02:13Ariel Lijo has just presented in Comodoro Pi his request for a license.
02:18Now they are analyzing it, but that is going to go to court.
02:21And in court, the voices are divided.
02:24Because they believe that Ariel Lijo must resign from his office,
02:28which he held for more than 20 years in Comodoro Pi.
02:31The federal judge, what he says, I will not resign.
02:35What I have to ask, and I can ask, and the Mampar law is an extraordinary license,
02:39because he considers that this is a position of greater hierarchy.
02:43Reach the Supreme Court.
02:45In court, to take oath, what they say, a judge to commission must resign.
02:50And that is the discussion.
02:53We have the detail of what is the decree that was published today in the official bulletin.
03:01There you have, Luis, this discussion that is even more political.
03:05These are the articles of that decree.
03:09The appointment to commission in Article 2.
03:12And there you have Article 3, which some are starting to make a little noise this morning.
03:16Those appointed to commission for this act,
03:19at the time of taking oath in accordance with Article 112 of the National Constitution,
03:26must comply with the formalities for the exercise of office.
03:30Some consider that this may be a subtlety by the prosecutor of the treasury,
03:35which is the head of the state's lawyers,
03:37because what they do not finish understanding,
03:40if with this article Ariel is being demanded,
03:42said the presentation of the resignation.
03:45The Minister of Justice, Mariano Cunio Olivarona,
03:47in this channel with Antonio Laje, said,
03:49you do not have to resign.
03:51There are some in the Supreme Court who are not so sure of that.
03:54Of course, yes, Paula.
03:55Well, finally, it will be the Supreme Court who will have to interpret,
03:59if he takes a license or not, if he takes an oath or not.
04:02It seems to me that here what is fragile is the division of powers.
04:07The need, in my law, to show its power through overpowering the one who thinks differently.
04:14And that is very complicated.
04:17Look, what's happening to me?
04:20When these things happen, I wonder,
04:23what would I have said if Cristina Kirchner had done this?
04:29And it hurts me the silence of many,
04:32who believed in the Republic, the Constitution,
04:36and now justify that it says that it is allowed to appoint on commission.
04:41Well, yes, it's true, the Constitution, in 1860, introduced this,
04:46but with totally different circumstances.
04:51And why does the Constitution tell you that you have to have two thirds
04:56to appoint a member of the Court?
04:58Which is the same as for electoral laws.
05:01Why? Because it requires agreements.
05:03Because you are appointing a person who is going to have a vital role
05:07and who is going to decide on your freedom, on your heritage,
05:10on very important aspects of transcendence,
05:13of your life and of the Republic where you live.
05:18Paula, anyway, according to the interpretation that I have been reading since yesterday,
05:22the two cases would be different because the two vacancies are different.
05:26The vacancy generated by Juan Carlos Maqueda would be within the scope,
05:30even if it is a very extensive interpretation of the Constitution,
05:34the vacancy of Haytham de Nolasco is not.
05:36Haytham, which is Ariel Lijo's.
05:38Exactly.
05:39And also, the other fact, Rubén, is that ...
05:41One has a commission agreement.
05:43Of course, Ariel Lijo has a commission agreement,
05:46meanwhile, Manuel García Mancilla does not.
05:48What is unprecedented about this situation?
05:50That the two cases had treatment in the Senate.
05:53It is not that the decree is signed because, suddenly,
05:56President Javier Milley wants another two names for the Supreme Court of Justice.
06:00So here an ordinary process is superimposed,
06:03which was given to him within the corresponding deadlines,
06:08but now it is superimposed with this decree.
06:11What can also happen?
06:13That on March 5, the Senate says,
06:15Today we are going to give treatment to the danger.
06:18And that leaves aside the decree without a doubt.
06:22And generates legal insecurity.
06:24Now there are two things to say that I think you have to say.
06:26García Mancilla, whom I do not know, I have no idea,
06:29but they tell me that he is a very educated man in law.
06:31Doesn't it give him a touch of trouble to assume by decree?
06:34Doesn't it give Lijo a touch of trouble to assume by decree?
06:37And the other thing, today Cuño also said,
06:39we do it so that the court works.
06:42How many mistakes did the court make in February,
06:44in these three weeks of February?
06:46700 with three ministers.
06:48760.
06:50It is a record in history.
06:51That is, it is false that they want justice to be expedited.
06:56If you want justice to be expedited,
06:58what you have to do is cover 30% of the charges of judges who are vacant.
07:02And the national government has on the desk of the Minister of Justice,
07:06Mariano Cuñola and Barona,
07:07more than 100 files that have to be sent to the Senate.
07:11They exist with judges.
07:13The same institutionality gives you the tools to be able to come to the service of justice
07:19without the need to stress the Constitution so much.
07:22And those who believe that there is liberalism without legal security,
07:26that there are investments without legal security,
07:29do not understand how it is the decision-making process
07:32that those who have to come to invest in this country.
07:34We are leaving a terrible background.
07:37Today we are outraged with my law and tomorrow another can govern
07:44and the antecedent is already.
07:46But at the historical level, how many times was it done?
07:48No, no.
07:49I tell you, I tell you with that attitude.
07:51That's why.
07:52I mean, I tell you with very few.
07:54And in dictatorships.
07:55And what does it mean?
07:56Let's say, for example, Mitre does it.
07:58I'm going to tell you, it was written by Dr. Vivo,
08:00one of the members of the Constitutional Court.
08:04Let's understand it.
08:05I mean, from the times we are talking about.
08:07They did it.
08:08Avellaneda, Juárez Selman, Pellegrini and Figueroa Alcorta
08:12in situations a little complicated institutionally.
08:15And on the other hand, this story of
08:17we want the Judicial Power to work fast.
08:19What would happen if Rosati said tomorrow,
08:21I thought my law was slow to govern.
08:24What is this intermission?
08:26Propose the plebs.
08:28You did not have a consensus of the two third parties
08:30as the Constitution asks you to be.
08:32The most, I do not know, legally acceptable.
08:36Change the plebs.
08:37What is this obsession?
08:39They are these or they are nothing, right?
08:41Or you think like me and you are a good person.
08:44Or you think differently from me and you are a bad person.
08:47It is the division between those who are on one side
08:51and those who are on the other.
08:53And only the one who does what I want
08:56is the one who can be within the system.
08:59The one who can be within the government.
09:01The one who can occupy a bank.
09:02The one who can be a journalist.
09:04It is complicated what we are normalizing.
09:08It is incredible that there is no talk of a deeper reform now.
09:11When this that you are describing,
09:13we have been suffering for 20 years.
09:15Lucia knows it better than anyone.
09:17For 20 years, the Council of the Magistrate
09:19regulates as a rabbit,
09:20hundreds of long-awaited charges of appointment of judges,
09:23according to what suits the president of the moment.
09:25And then, the executive power also tramples on the files.
09:29Because Alberto Fernández and Cristina Kirchner,
09:31in different instances,
09:33had almost 90 files trampled without sending them to the Senate.
09:37And this also, what happens is that
09:39there is a part of the functioning,
09:42of the operativity of justice,
09:43that depends exclusively on politics.
09:45Because that is also how the national constitution determines it.
09:48Now, it is very different for politics to tell justice
09:51how it has to do its job.
09:53There is also something about what Oliveto said.
09:55I remember when Patricia Burry,
09:57well, at that time she was a mower
09:59who put bombs in the kindergartens,
10:01she asked for a republic,
10:02and yesterday I heard her justifying.
10:04I would at least ask them to make a peaceful silence about this.
10:08It is a toad that has to be swallowed,
10:10well, but I remember what they said.
10:13The silence of many is loud.
10:16It is that coherence in politics is not a value.
10:20Because for society,
10:22mostly, it is not a value.
10:24And this is a point that somehow frustrates you,
10:29because what you say about Cristina Kirchner,
10:31and Kirchnerism, it is true.
10:33Kirchnerism wanted to reform justice,
10:36it wanted to appoint judges by popular election.
10:39Now, there we were clear that we had to fight
10:43because there was a political decision
10:45to coopt justice to achieve impunity.
10:48Here you don't see it like that?
10:50No, that's why, yes, yes, yes.
10:52I finish the way, I finish saying.
10:55So, when he assumed my law,
10:57that he spoke of Alberti,
10:59that he spoke of the Constitution,
11:01one said, well, he is a disruptive character,
11:05let's say it somehow,
11:07but he will respect the freedoms,
11:10he will respect the Constitution,
11:12he will respect the life plan of the other,
11:15he will respect a lot of things,
11:17and now comes out the crypto,
11:20and automatically decides to cover the two vacancies,
11:24when it is not true that in the Senate he has not negotiated things,
11:27in the Senate he has negotiated what he wanted,
11:30and he had the tools to govern
11:33because he has got fundamental laws.
11:35So, here is another thing that is played,
11:39and I am very afraid that the silent accomplice
11:44or look to the other side of many,
11:46leave the background so that this country
11:49every day is degraded a little more.
11:51Did you want to say something else, Lucia?
11:52Yes, there is what caught the attention of the decree,
11:55I don't know if we have any of the cuts of the decree,
11:58it is the political burden,
12:00which is given a technical explanation,
12:02it should even be of legal nature,
12:05why the government decides to designate two judges by decree.
12:10This is the articulated part,
12:12but in other sections,
12:14there is talk of a Senate that did not work,
12:19that did not give explanations
12:21of why it did not approve the files
12:23that the executive power had sent,
12:26and talks about a sort of imminent danger
12:29of continuing with a court with three members.
12:32It is not the first time that the Supreme Court of Justice
12:35works with three members,
12:37it does not mean that because it has three members, it does not work.
12:40There is a system established with judges
12:43when there is no unanimity
12:45in the three members of the Supreme Court of Justice.
12:49Javier Milley, when he assumed the presidency of the nation,
12:52had said that he was not going to get involved
12:54with the Supreme Court of Justice.
12:56Here, what he is proposing is that he considers
12:58that with these three members it cannot continue to work.
13:02And that it requires members who respond,
13:05if you give me the motivation,
13:07that they respond to his political thinking.
13:10Small detail. Are you going to be a candidate for deputy?
13:13Deputy for the city of Buenos Aires.
13:15Are you going separately?
13:16That is, there will be no front?
13:17Are you going alone?
13:18We are going to go with the proposal of the civic coalition.
13:22We are front-liners,
13:24we believe that for 2027 there must be a front.
13:28But in this instance,
13:30the civic coalition is going to generate a proposal
13:36and we will surely call others
13:38so that they can join the list
13:41and make a viable and good proposal
13:45for this city that we love so much
13:48and where it is important to give testimony too.
13:51The legislature deserves you,
13:53so I wish you the best.
13:55I'm afraid.
13:57So you don't want me to stay.
13:59I'm afraid.
14:00Now comes the campaign, of course.
14:02It's competing with governments.
14:05Yes, yes.
14:06Well, if you come one day, we'll talk about that.
14:08A pleasure. Thank you very much.