Court decides tomorrow if new judges must pay income – 26/11/2018

This Tuesday begins the chronogram of sentences established by the Supreme Court of Justice of the nation two weeks ago for the decision in case of public repercussion from here to the end of the year. As circulated by the court itself, this week this will be the turn of the income tax payment on the part of the judges and everything indicates that the maximum court will revoke an amparo that favors magistrates appointed since last year and resulting from the judicial career.

This is the amparo action initiated by the Association of Magistrates and National Justice Officials (AMFJN), an entity that last week renewed the authorities with this issue listed in the Central voting agenda and which had been approved for the first time. and second instance in the jurisdiction of federal administrative litigation.

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Judge Esteban Furnari and Judges Pablo Gallegos Fedriani, Jorge Alemany and Guillermo Treacy explained the reason for the entity and supra. they stopped paying the gains that Congress had arranged in early 2017. According to the decision on the point of being resolved by the Court, only new judges appointed from that moment and without coming from the judicial career, they would pay the tax.

About a dozen magistrates currently pay this tax. The remainder of the dozens of judges appointed in the last two years who have held this position during their judicial career have reached the decision to dismiss the Court by bringing together at least three of the five votes at the highest instance, according to the estimated judicial sources.

The last voice circulating the file was that of the judge Elena Highton, who could vote in minority and in accordance with the wishes of the AMFJN and what is solved in the lower instances. The previous stage of the case had been the opinion of the Acting Attorney General, Eduardo Casal, who had not ruled nor favored him because the main institution of prosecutors was also being prosecuted.

The question is how the provisions of the Court apply, which none of the cases it would reach the judges exercising their functions before the promulgation of Law 27,346 which, in Article 5, provides that taxation has begun to apply to all new judges appointed from 2017. L & # 39 AMFJN baderted that no career judicial officer would appear in Judicial Council competitions because with the application of the tax would win less as a judge than what he was earning. already as secretary of a court or camera calls.

One of the ways to find a solution to the implementation of what the court ordered could be another law that the ruling party was about to approve at the recent budget session. . Another way could be the same cause in which the Court will only solve a precautionary measure and not the substance of the question, so it will come back in the first instance. The President of the Court, Carlos Rosenkrantz, has already publicly declared that, to allow all judges – old and new – to pay profits, their salaries should be increased so as not to affect the intangibility of their salaries. .