there are 253 vacant judges’ posts

A week ago, the AnSes intimidated over 200 judges and prosecutors for them to decide whether to continue with their retirement files, or not to do so. The measure within the judiciary was seen as a further step forward by the government. The counts are even higher, because what they see as pressure to leave these positions, There are 253 other uncovered positions that the government wishes to fill. The data indicates that the total of federal and national justice posts stands at 988. To date, more than 25% are vacant and in the prosecution, vacancies are estimated at 30%.

The first sign of progress on judicial vacancies was given by kirchnerism in the Judicial Council in the middle of last year. We wondered how ten judges were transferred under the government of Mauricio Macri. Two of the magistrates, Leopoldo Bruglia and Pablo Bertuzzi, as chambermaids, have confirmed several lawsuits against Cristina Kirchner in the case known as the Corruption Notebooks.

Without being able to remove them, by order of the Supreme Court, They returned to their positions but only temporarily, until the Judicial Council – with a pro-government majority – called a competition at the end of last year. In the Appeals Chamber, which reviews the decisions of first-instance judges, Kircherism has already appointed a former lawyer for the vice-president, Roberto Boico and is seeking to appoint like-minded judges, according to the opposition.

After this measure, progress was made with the appointment of the judges of the electoral courts of the province of Misiones, Chacho and even Buenos Aires, designating Alejo Ramos Padilla who was in charge of the alleged illegal espionage case against the former authorities of the Federal Intelligence Agency (AFI) of the Macrista administration.

Associations which bring together magistrates and representatives of the prosecution, we speak of a “government advance on justice”. To this they add the objective of the same: appoint “friendly” judges and prosecutors in strategic locations.

This is the backdrop to a situation that unfolded last week, when Anses led by Fernanda Raverta intimidated more than 200 judges and prosecutors into concluding or withdrawing their pension cases. The pension scheme that governed before President Alberto Fernández changed it in 2020, made it possible to start pension procedures at age 60, but they could continue to exercise and only became effective until the presentation of the resignation.

With this authorization from the old pension system, many procedures have accumulated, some have even been in this state for twelve years. From now on, the government assures that it is only seeking to resolve the situation, but far from being a simple administrative measure, in Comodoro Py as in the Association of Magistrates, they understand that it is a pressure on judges and prosecutors in functions, to obtain more insolvent positions. Prosecutors Carlos Stornelli, Raúl Plee and Judge Leopoldo Bruglia have been intimidated, among others.

The drain within the judiciary could be even greater, while noting the marked confrontation with the Casa Rosada, which adds a reform of the sector that will begin to be discussed in Congress.

What must be considered is the drain that these 200 positions could generate in a sector where hundreds of vacancies already persist. To date, according to official figures, 25.6% of the sector is uncovered. The total of federal and national justice positions is 988, of which 253 are vacant.

This x-ray of the judiciary adds another aggravating factor. Preliminary studies revealed an average period of 1327 calendar days – i.e. three and a half years – to fill a vacant position. In ventilation, it was noted that on average 667 days from the publication of the competition until the formation of the shortlist; 364 days from the receipt of the shortlist to the executive branch, the selection of a candidate and the proposal to the Senate of the agreement; and 296 calendar days between receipt of the declaration in the Senate and the decree of appointment (Judicial Power Studies Program, Judicial Power Administration Studies Laboratory).

These sums are without consideration the more than 71 judges’ posts that have been transferred, a modality criticized by Kirchnerism and which must be covered by competitive examinations and therefore have magistrates in these positions as incumbents. The deadlines are too lax for such a task.

To the panorama described, another front of confrontation can be added. The prosecution also has a large number of uncovered charges. According to official sources, there are about a hundred prosecutors without designated holders: that is to say, nearly 30% of the MPF is vacant. “Between the law on retirement, the change of government and the fact that the protests were stopped at the time of Alejandra Gils Carbó for a precautionary measure and the consequences of the pandemic”, they indicated.

The bleeding that could occur in justice could be enormous, given on this last point that the party in power has not yet agreed to appoint the prosecutor – chief prosecutor -, and that in the bicameral committee of Congress, it seeks to advance in the reform of the law which governs the prosecution, simplifying the conditions of appointment of the prosecutor, modifying the rules of prosecution of prosecutors.