The Court has ordered all judges appointed since 2017 to pay benefits



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Unanimously, the court quashed a precautionary measure that exempts judges from the tax burden of wages Credit: CSJN

All new judges must start paying the

income tax

. The

Supreme Court

he unanimously annulled a precautionary measure exonerating from the payment of the tax the judges appointed since 2017, except if they came from outside the judiciary.

The five ministers of the Court voted together in this regard. They agreed that the decision of the Administrative Disputes Chamber, which delayed the application of the law imposing payment to new magistrates, was arbitrary because the requirements for a precautionary measure were not accredited . Since the appeal they had to consider did not include the substantive issue, the ministers expressly stated that they did not form an "opinion" on the validity of the law.

Today, only twelve national and federal judges pay benefits. This 1% of the total universe could not avoid it because it came from the practice of the profession of lawyer; from the outside. All the others, of judicial career, had been exempted by the principle of precaution.

The decision of the Court is a triumph for the government, which appealed the measure revoked today. As it remains to define the substantive issue, the case will now be referred to the judge of the litigation administration Esteban Furnari for him to continue processing the case.

"We are very satisfied, the Court has given us the reason," said the Minister of Justice, Germán Garavano, promoter of the injunction against the injunction. "Now, the government's willingness is to work with judges to solve this problem and we believe that they intend to go forward in this area."

According to the new ruling, judges will be deducted from the tribute. The government's idea is to sit down as part of this trial with its counterpart, the Association of Magistrates, and come up with a solution that could be that new magistrates pay only on the differences and that they do not affect what they have already earned in 2017..

But the executive also hopes that the agreement they will reach will be the formula for all judges, even those who have been stationed for many years, to pay the increases that they will receive at the same time. ;to come up. This would require a new law. Therefore, dialogues are underway to form a tripartite council of the three powers of the state.

Rosenkrantz and Highton

Although the five judges voted in the same direction, the president of the court, Carlos Rosenkrantz, and the vice-president, Elena Highton, jointly carried out a "broadening of the fundamentals" related to "recital 14", the point of the decision in which the Court affirmed that "honored magistrates with a position that imposes such a high mission must be the first citizens called to comply fully with the law".

Rosenkrantz and Highton stated that they shared what had been expressed in this recital "only on the condition that it could not involve denying or restricting in any way the right of judges, as any citizen, to translate their grievances in court, of what they consider to be their rights "and that this includes the ability of judges to" question the validity "of standards.

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