The prosecutor before the Federal Administrative Litigation Chamber Rodrigo Cuesta asked the court to reject the appeal of former senator Edgardo Kueider and confirm the ruling that validated the session of the Senate of Congress in which he was expelled from the bench.
Kueider, who remains detained in Paraguay for trying to enter more than 200 thousand undeclared dollars, filed an amparo action in Argentina against the Upper House to declare the unconstitutionality of the December 12 session in which his removal from office was ordered. of senator.
The judge of first instance of the Federal Administrative Litigation jurisdiction Enrique Lavié Pico rejected the proposal and Kueider appealed to the Chamber.
Kueider’s lawyers alleged that the Vice President of the Nation Victoria Villarruel could not fulfill her duties as President of the Senate in the session, given that she was in the exercise of the Executive Power, as the President of the Nation was on secondment in the outside.
They also said that due process was not respected, as their right to defense had not been protected.
Before defining, the court asked the opinion of the prosecutor before the Chamber who ruled to reject the appeal of the senator removed for moral inability.
The prosecutor’s arguments
Prosecutor Cuesta remarked that Kueider’s expulsion “was adopted by the Senate of the Nation without the vote of the Vice President of the Nation, which is reserved exclusively for cases in which there was a tie in the vote.”
“The integrity of the will of the Chamber of Senators – in the terms required by the National Constitution – is thus not called into question and the direct link between the alleged procedural defect invoked by the ampararist and the constitutional injury is not apparent. what he alleges,” warned the prosecutor.
He then explains that Kueider’s arguments aim to demonstrate his innocence in the criminal case in which he is accused, however – the prosecutor emphasizes – that the expulsion was due to “moral inability” in the terms of article 66 of the National Constitution.
“Hence, what is eventually resolved within the framework of this criminal process would, in principle, have no impact on the decision that could be adopted regarding Mr. Kueider’s continuity on his bench,” the prosecutor’s office explained.
Area excluded from the control of the judiciary
“The objections raised regarding the questioned removal would require delving into the way in which the Honorable Senate of the Nation exercised its exclusive constitutional powers, an area excluded from judicial control,” said prosecutor Cuesta.
The prosecutor opined that Kueider’s appeal should be dismissed and that the Federal Court should confirm the resolution of the first instance judge that validated the expulsion session.
Source: Ambito
