Due to the events that occurred a few years ago due to the respective actions of President Macri by arbitrarily appointing certain judges in the courthouse, we decided to clarify some Requirements to be a judge and in this way that what happened at the moment is understood and that we are caught off base in the future.
Requirements to be a Judge in Argentina
If you want to belong to the Supreme Court it is required:
- You must be a lawyer from the Republic of Argentina with a minimum of eight (8) years of practice of said profession.
- The requirements to be a national senator must be met (article 55 of the National Constitution —CN—): be thirty (30) years old, have been a citizen of the Nation for six years. (article 55 CN).
- Comply with the requirement of Decree № 222 of June 19, 2003.
Appointment as Judge
The current appointment of Supreme Court judges is a shared duty corresponding to the Executive Branch and the National Congress. The development for said act is clearly established in the Constitution of the Nation, in paragraph 4 of article 99, which speaks of the powers of the Executive Branch.
This establishes that the president designates the candidate, and the Senate, with a special majority of two-thirds of the members present, must legalize it in a public session.
After meeting these two requirements and moments before admitting their positions, they must take an oath, before the president of the Court, in which they must clarify that their actions will always be subject to and must project the justice established in the Constitution.
Particularly for the year 2003, the president at that time Néstor Kirchner sanctioned Decree No. 222/03, regulating paragraph 4 of article 99, which gives the president the power to dictate to the judges of the Court. This decree constitutes a procedure with the participation of citizens for public development and control, in order to establish a pre-selection of candidates, which must be carried out before the president, in his powers, can choose the candidate of his choice. .
The main orders of Decree 222/03 are the following:
- The development of the pre-selection must begin within 30 days of the existence of a vacancy on the Supreme Court.
- Within the framework of said term, the Executive Power must make public the name and curricular synthesis of the candidates.
- Said candidates must be selected taking into account their obligation to human rights and democratic values provided in the Constitution of the Nation, and that in this way the Supreme Court also reflects the diversities of gender and inclusion, legal singularities and the different provinces and regions of the Nation.
- Those who establish themselves as candidates must submit an affidavit of their assets and immediate family, as well as another statement about the associations, legal studies and companies to which they have belonged or participated in the 8 years prior to their selection, their clients and all a series of data that serves to judge the impartiality that he will carry out in his office.
- Within a period of 15 days, citizens, non-governmental organizations, professional associations, academic and human rights entities, may establish their verdicts regarding the shortlisted candidates.
- Within the powers of the president, it is established that he may request the opinion of relevant organizations to express it.
- Regarding the tax aspects of the candidate, they will also be exposed in this public information.
- After the time to establish the observations on the candidates, after 15 more days, the National Executive must present a decision on the candidate or candidates, explaining their respective reasons and the basis for making the decision.
The judge is the highest authority of the court of justice, whose main function is to administer justice, in the event that a controversial situation between two people arises before him.
-This is basically a judge simply from the main or head judge. The designation of these substitute judges is created when, for reasons of retirement, resignation and death, among others, of the main judges, an availability is generated in the court or tribunal which he integrates. According to the current system of surrogacy, it was declared unconstitutional by the Supreme Court of Justice of the Nation almost 3 years ago. On the contrary, its extension was allowed until the appointments were regularized in accordance with the current Constitution.
Functions of a Judge
Judges have the power to judge the situation that is presented to them in the courts impartially, applying their knowledge of the laws, making a fair decision, which represents the decision of a Judicial System which they represent, since A judge is not considered a natural person but a representative of justice or the judicial system of the country and in this case of the Supreme Court of Justice.
Members of the Supreme Court of Justice
The characters that make up the Supreme Court of Justice of Argentina today are:
Competitions and Venues
Their respective powers are:
- By interposition as established by Congress, Originally and exclusively in the cases of article 117 of the Argentine Constitution.
- Due to extraordinary demands in the cases of articles 14, of law 48, of the analysis of the constitutional clause, or conflict with larger norms.
- For deductions from claims, Article 6 of Law 4055 (reform of Federal Justice) of the Nation.
- By requirement of verification of articles 2 and 4 of law 4055.
- In ordinary appeal processes Decree-Law 1285/58 article 24 paragraph 6, principles to which the country is a party, concerning extradition or in times of war with other countries.
As for its headquarters, it is known as the Palace of Justice of the Nation, located at Talcahuano 550 in the Autonomous City of Buenos Aires.
One of the most prestigious positions in terms of law, and one of the most controversial in recent years due to their appointment process, it was necessary to clarify some schemes of said judges and make clear the Requirements to be a judge in case you want to be part of this judicial world.
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