Judges and prosecutors appointed as of 2017 must pay benefits

Judges and prosecutors appointed as of 2017 must pay income tax. This follows a decision of the Supreme Court of Justice, which annulled a precautionary measure and stipulated that judges appointed after the promulgation of Law 27.346 begin to suffer tax cuts.

The decision, which had been Infobae, was adopted unanimously. To the votes of Ricardo Lorenzetti, Carlos Maqueda and Horacio Rosatti they joined at the last moment Carlos Rosenkrantz and Elena Highton from Nolasco.

In the judgment, the Court held that the National Appeals Chamber in federal administrative litigation had used dogmatic and insufficient arguments to admit the origin of a conservatory measure requested by the Association of Magistrates and Justice Officials national law and, therefore, its decision was arbitrary.

The Court understood that the Chamber should not have granted the injunction, as there is a way to interpret the law on income tax which could be contrary to the interests of the courts. magistrates and officials represented by the applicant. He added that the camera had not justified the fact that the measure was necessary to avoid irreparable damage to the actors.

In addition, the Court considered that, in considering such a measure, judges should pay particular attention to preliminary rulings which, because of their expansive effects, may suspend all or part of the application of force and thereby affect the division of powers.