The political struggles to fill the vacancies in the Supreme Court

Soria, Kogan, Genoud and Torres, the current members of the Buenos Aires Supreme Court / Web

In provincial politics, everyone takes it for granted that the ruling party and the opposition are negotiating in a very reserved way the names to cover the three vacancies that exist in the Supreme Court of Justice of Buenos Aires.

Perhaps as a form of pressure, Peronist spokesmen seem to be the most interested in installing the idea of ​​these key conversations, especially after the negotiation was closed for the arrival of the kicillofista Federico Thea to the strategic position of president of the Court of Accounts and that The appointments of the directors of Banco Provincia on behalf of the opposition and the places that it will occupy in the Ombudsman’s Office will be completed in the same package.

Completing the Supreme Court appears to have been left on a separate track. A little because of the political-judicial density of the issue and another because the interested political world would not have a single strategic vision of how to address the issue. Let’s see.

1) Axel Kicillof has made it known in a more or less public manner that his decision is to complete the three positions that are vacant today and that have left Daniel Soria, Luis Genoud, Hilda Kogan and Sergio Torres as full judges. In other words, occupy again the seven seats of the Court, which were left empty due to deaths or retirements. The governor must send the specifications to the Senate and the Senate must approve them with an absolute majority of its members. No force has that number, so yes or yes, the negotiation is imposed.

According to government sources, the idea of ​​the ruling party is to promote two candidates proposed by the PJ and one by the opposition. It is commented that, within Together for Change, radicalism would be claiming that possible bench in court under the logic that the last judge who was appointed (Torres, during the government of María Eugenia Vidal) arrived under the auspices of the PRO.

And because, in addition, the Attorney General before the Supreme Court -the head of all prosecutors and, for that reason, the head of criminal prosecution in the Province-, Julio Conte Grand, is a man clearly close to macrismo. In fact, with this argument, the PJ tried an offensive to remove him, but so far it has not been successful due to the parity of forces in the Upper House.

2) Another thesis that circulates is based, directly, on waiting for a fourth vacancy. This is the one that Genoud would leave, who due to illness would have the retirement process practically completed. This would excite the PRO, who would see the chance that this chair, in a scheme “two for the ruling party, two for the opposition”, could fall to a candidate linked to that space. But there is one doubt: Couldn’t the temptation in Peronism also be motorized to go three places and not two, as in the previous hypothesis? Speculations without accurate answer.

This last scenario, that of one more vacancy than the original plan, is not so impossible considering the aforementioned situation. And it would leave the Supreme Court without a quorum to function; today, with his four judges available, he is at the limit of it.

What if that case were to occur before the political agreement to complete it is closed? It would be necessary to resort to the current regulations that say that when the Court must be integrated due to vacancies, licenses, excuses or impediment of one of its members, other actors of the Judicial Power will be resorted to, with an order of hierarchies that starts with the president of the Court of Criminal Cassation and its members, members of the Chambers of Appeals and other officials (Article 31 -text according to Law 13101- of the Organic Law of the Judiciary No. 5827).

3) Based on the hypothesis of losing the mechanism for a session in the Court, a possible alternative, to the extent that the negotiation with the opposition to send the package of candidates does not advance, is for Axel to try to send a single statement to the Senate , so that the Court is not left with only three members if Genoud leaves, but with a minimum of 4.

The governor did something like this when the Banco Provincia situation was: the board of directors had run out of quorum to meet, so Kicillof sent the list of a man of his own (Alejandro Formento) as director for the PJ to guarantee the operation and, months later, the vacancies in the aforementioned negotiation with the opposition that included the appointment of Thea in the HTC were filled.

In any case, what is not really clear is who and where the Supreme Court actually negotiates the issue on the opposition side. Not so much in the radical hosts, where Maximiliano Abad seems to be the face of the party at that table, but in the PRO, which suffered a Buenos Aires leadership crisis when Mauricio Macri, like a paratrooper, triggered the negotiation that supporters of the province with the Buenos Aires government for the change in the Bapro retirement law.

In the Legislature for now there is nothing serious, say sources consulted: the yellows, divided into several tribes, wait for a line that comes “from above.” But, from where? Whose? Mystery and opacity. “That issue is green,” a man critical of how Néstor Grindetti left the scene as the macrista face that negotiated in the name of space in a more or less orderly manner told this newspaper.

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