The president of the Supreme Court of Justice, Horacio Rosatti spoke this Tuesday at AmCham, where he gave examples of situations in which “legal security is violated” of the country and, among them, he mentioned “when a court order is not complied with”, “when vacancies within the Judiciary are not filled” and “when money is issued uncontrollably”. THe also criticized libertarians, saying that Alberdi is “sometimes so cited and so little read.”
Rosatti spoke on “Reflections on transparent justice” at the 2024 edition of the AmCham Summit event, organized by the United States Chamber of Commerce in Argentina and there he sent a message to libertarians: “Alberdi, so cited, sometimes so cited and so little read. We can also say that there is more than one Alberdi“There is one who lived in Argentina, another who did not live in Argentina and spent many years in exile.” Furthermore, he recalled that according to Alberdi The Constitution “is the navigation chart of a countrythe one who set the course, above all, she said it at a time when statehood had to be established in our country.
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“In the Argentine case, It is also the lifeline when the ship seems about to sink in a complex sea.“, he added in reference to the Constitution. Therefore, considered “it is important that our officials know the Constitution; that businessmen, teachers, and the entire population know it, “since” there is legal certainty in a country when its actions are dictated and people are judged “according to the text. In this sense, he highlighted that Magna Carta “expresses a political consensus” that is not reflected in other normsand that “it is the norm with the greatest stability over time: a stability that laws or other sources of law do not have, such as a decree or a resolution.”
The judge insisted on the importance of the Constitution and called to “always respect it” and continued talking about its intellectual author, Juan Bautista Alberdi: “He structured his constitutional project in 1852before the Constitution was approved the following year, he said it because there was everything to do. The State was here firstthe declaration that this is a State, then came the unification of a series of attributes that make up statehood: the unification of the Army because there were provincial militias, the unification of the currency, of the territory,” he listed.
Rosatti spoke about legal security and sent more messages to the Milei government
In his dissertation, Horacio Rosatti —who must ultimately resolve all the measures of Javier Milei’s government that are judicialized, such as the DNU— stated that “there is a conspiracy against legal security when a court order is not complied with, especially if it comes from the Courtlast interpreter of the legal order.” And he added: “Legal security is also violated when vacancies within the Judiciary are not filled“, highlighting that “as happens historically” in Argentina, “there are more than 25% of vacant positions of judges”, which constitutes “an institutionalized way of conspiring against legal security.”
In addition, the president of the Court and the Council of the Judiciary of the Nation maintained that “legal security is challenged when issues that must be resolved by politics are judicialized”, and warned that “faced with the inability of politics to resolve certain situations, the problem is projected towards a judicial instance.” There is legal uncertainty, he added, referring to the Milei dollarization project, “when it is issued uncontrolled and does not comply with the Constitution, which establishes the defense of the value of the currency.”
Returning to his emphasis on the Constitution, he recalled that “it not only recognizes the rights and guarantees of the population: it also It is the instrument that establishes how the State should function, and enshrines the republican principle of division of powers, independence of operation and control between the different bodies of power. This system of checks and balances is the basis of legal security,” he stressed.
“We could develop a theorem: the more public debate, the less interference from Justice; The less public debate, the more desire for intervention by the courts of Justice“said Rosatti and, in that context, added that”The judge is not there to replace politics; “is there to comply with the regulations that, among other foundations, come from the political establishment.”
Drawing a parallel with show jumping competitions, he said that, “in a competitive capitalist context, entrepreneurs take the risk of making increasingly imaginative figures in the air, but they do so on the basis that they are going to fall into a pool.” that has water: legal security is that the pool will not be emptied while the acrobat is in the air“, he illustrated.
ML / ED