The Government freezes the offensive against the Court, despite Kirchnerist pressure
On the eve of the legislative year, The ruling party does not plan to announce on March 1 a project to modify the composition of the Supreme Court of Justice, recent recipient of harsh criticism and attacks, as reconstructed THE NATION from official sources. Despite the permanent public declarations coming from Kirchnerism against the functioning of the Judiciary, and after the march on February 1, in which the hardest sectors of the Front of All asked for the resignation of the ministers of the highest court, no there will be an initiative consistent with those claims.
The attacks on the functioning of the Supreme Court will remain on the verbal level. At best, government sources involved in judicial matters acknowledged, they will seek address in Congress the application of article 280 for the rejection of resources by the highest court.
Although in the supporter ranks of the Front of All there are those who maintain that while frictions are aggravated by economic issues, judicial issues “unify everyone”, Kirchnerists and Albertists do not project the same horizon on issues of an institutional nature.
Some officials refer to frustrated attempt to approve in Congress the judicial reform, to the failed intention to appoint the judge Daniel Rafecas Attorney General of the Nation and the subsequent initiative to modify the institutional channels to elect the chief of prosecutors, also without success.
Near Alberto Fernandez they consider that any move he makes in that direction will be insufficient. “Some want us to enter the Supreme Court with axes, Alberto is not going to do that,” said an official. And I add: “We are not in the best moment of political consonance in the Frente de Todos. How are we going to approach changing the composition of the Court? If the Rafecas statement could not be voted on…”.
“The Rafecas statement, who stopped it? In institutional matters, the Government did everything it had to do to improve the functioning of Justice”, complained another official with an office in the Casa Rosada. Close to Fernández they still chew anger for not having achieved that the Senate, in charge of Cristina Kirchner, will deal with the Rafecas statement.
In the Justice portfolio they recognize that there are written projects, but they warn that this is not the time to promote them. And they do not refer to the consensus that the ruling party must reach with the opposition, but to the internal ones of the ruling coalition. “Maximum [Kirchner] made a decision, what a pity, but it was already in evidence “, criticized an official spokesman.
One of the initiatives that is in the pipeline is related to article 280 of the Civil and Procedural Code, so that the Supreme Court of Justice must substantiate the absence of a federal question to reject certain resources.
The redefinition of 280 –repeatedly questioned by the vice president Cristina Kirchner– was under study by the commission of experts convened by Fernández in 2020 to analyze the functioning of the Judiciary and the Public Prosecutor’s Office.
Although in the previous days Alberto Fernández had supported it as a “citizen demonstration”, the protest against the judges of the Supreme Court that last Tuesday brought together trade unionists and leaders of hard-line Kirchnerism finally did not have the presence of ministers of the national cabinet.
“If Alberto did not endorse the claim, another conflict arose within. In this constant list of pulleys, perhaps the Government measured that it was harder for Alberto to speak out against the march. He was going to have the sectors of Kirchnerism swearing, so he said that it seemed fine to him, ”said another official close to the President. And sought to detach: “You must not believe that the political or judicial strategy of the Government is in the hands of Luis D’Elía or John Ramos Padilla”. He was thus referring to the main promoters of the demonstration.
In this regard, also, an official who is usually very critical of the highest court complained: “[Los medios] They say that Luis D’Elía participates in the Government’s judicial strategy, but it has nothing to do with it”.
Luis D’Elía, however, visited the President at the Casa Rosada on December 29, and weeks after the meeting, he thanked Fernández via Twitter for “everything done in favor of political prisoners.” Kirchnerism uses the term “political prisoners” to refer to former officials or leaders detained for corruption.