It is unavoidable that people, businesses, and potential investors regain the trust that Justice has lost. Therefore, we must continuously and deeply analyze what to do to have a better Judiciary and continue recovering the freedoms that statism has taken away from people for 80 years.
The predominance that Peronism has had in the Senate since 1983 has allowed and still allows it to decisively influence the appointment of all judges.
This is not limited to the agreement of the Supreme Court judges; this weakness extends to all national and federal judges, which is why Alfonsín, de la Rúa, Macri, and Milei have not been able to do without the consent of the PJ to fill judicial vacancies until today.
With the Council of the Judiciary, this fragility projected into the candidate selection process, given that this new body, created in theory to reduce judicial politicization, has not achieved that and worse: it has remained politicized throughout its journey, from the call for the competition to the senatorial agreement.
Obviously, there are judges who - beyond their political convictions - honor their positions, but those virtues are not increasing but decreasing and the negative image of the judiciary is already approaching 90%.
The 16 years in which Kirchnerism governed worsened the situation, and we are seeing the fruits of so many bad appointments, with activist judges who, when the PJK is not in power, obstruct those who have won in democratic elections.
The abuse of judicial power
The abuse of judicial power was suffered by de la Rúa, even more so by Macri, and now it is Milei's turn to see how laws approved by Congress are halted by judges who believe they have the right to decide which norms are valid and which are not, far beyond the maturity, restraint, and legal seriousness that our magistrates displayed when evaluating the constitutionality of laws just a few decades ago.
The diffuse control of constitutionality has become the tool with which Kirchnerist judges prevent the changes voted for by the people when they elected Javier Milei.
Is there a way to correct this? The enactment of a good collective actions law is one way to prevent the dictatorship of judges, but La Libertad Avanza does not yet have the legislative majority needed to approve it, because the opposition does not want a law that imposes serious conditions on class or collective actions, which they use to hinder the government's management.
There are other safeguards against these judicial abuses, but they have not been effective until today.
A system where judges are almost unaccountable
The reality is that judges are almost totally immune: very few of them have been subjected to impeachment by the Council of the Judiciary and even fewer have been removed by the Impeachment Jury.
Reasons? Several.
First, the politicization of the system, which often turns the coexistence between politics and justice into a collusion where the most basic ethical principles of the judiciary are violated, without anything happening, because the Council of the Judiciary has politics in the representatives of deputies and senators, politics in the representatives of national universities, politics in the representatives of lawyers, and politics and colleagues of the potential impeached, in the representatives of judges. Analyzing the reality of each stratum requires a space that we do not have now, but for a sample… the reality is enough.
Secondly, a well-intentioned thesis has consolidated in its origin but is exorbitant and very poorly applied in its development: "Judges cannot be judged by the content of their rulings" is mechanically repeated, without understanding that by not limiting that rule, we place a group of individuals above the laws in everything that concerns their work.
Such privilege is unconstitutional, contradictory to the crime of prevarication in the Penal Code, and allows total impunity for magistrates, attributing to them the privilege of inviolability of the King of Spain, which evidences the exaggeration of such a doctrinal principle elevated to unwritten law by those who benefit from it.
