The Supreme Court warned that its precedents “must be followed”

The judges of different national chambers of CABA have already summoned agreements to define a strategy against the ruling of the Court that gave the Superior Court of Buenos Aires the power to review their sentences.

In the first agreement after the Summer Judicial Fair, the Supreme Court signed on Thursday 211 sentences, and in one of them recalled that its precedents must be followed.

This is the “Raskovsky, Luis Ernesto c/ Perrone, Gabriela Alejandra s/ Executive”, in which it was resolved on a process in which an auction of a property located in the town of Castelar had been ordered.

What does the Supreme Court say

Court members highlighted in that ruling that “… it would be extremely inconvenient for the community if the precedents were not properly considered and consequently in a row”

In this case, the Court declared a appeal filed against a sentence that had declared the unconstitutionality of Law 14432 of the Province of Buenos Aires. Dictated in 2012, for the “Unique Housing Protection and Permanent Occupation”.

The conflict is related to a process for the collection of a promissory note, in which the property auction had been ordered.

The defendant argued the application of Law 14,432 to avoid execution, but both in the first instance and in the National Chamber of Commercial Appeals this statement was rejected, considering that the provincial norm was unconstitutional.

The Court remarked that the opening of the extraordinary instance is only appropriate when the ruling of the Superior Court of the case has been favorable to the validity of the challenged provincial norm.

In the case, the resolution of the Chamber had been in the opposite direction, so the situation that enables the intervention of the Court was not configured.

The issue had been discussed in similar cases by the Court itself. So the courtiers highlighted the authority of those precedents.

“The institutional authority of said precedents, based on the status of this Court of Supreme Interpreter of the National Constitution and the laws issued accordingly, results in the opportunity to fail substantially similar cases its conclusions are duly considered and consequently followed both for this same Court and by the lower courts. ”

“Indeed, this cut has argued that it would be extremely inconvenient for the community if the precedents were not properly considered and consequently in a row.”the Court warned. The “Levinas ruling” has accumulated these days pronouncements of different tenor in the judicial world.

Rejection of civil jurisdiction

The National Civil Chamber “rejected” the Levinas ruling and warned that “no court of justice has powers to attribute jurisdiction to a local court in order to review resolutions to sentences of national courts”

CALL OF THE NATIONAL COMMERCIAL FOUR

For its part, the National Chamber of Commercial Appeals convened an extraordinary agreement for February 10 to “unify jurisprudence and avoid contradictory sentences” when resolving whether the Superior Court of Justice of the City of Buenos Aires can Act as an instance of resolution of extraordinary resources of the jurisdiction.

PUBLIC COLLEGE OF LAWYER

From the Public College of the Advocacy of the City of Buenos Aires, the Superior Court of Justice of Buenos Aires was requested for five days, from the first business day of February, of the deadline to file the appeal for unconstitutionality provided for in Law 402 .

Its headline Ricardo Gil Lavedra referred to the “need to avoid confusion of lawyers about the appeal to be deduced, and enable the greatest dissemination of the” Levinas “ruling of the Supreme Court of Justice of the Nation”

Association of Magistrates

In contrast to the Levinas ruling, the presentation of the entity has 40 pages and carries the signing of Andrés Basso, president of the AMFJN, which is the entity that brings together national and federal judges and prosecutors.

The association claimed that the effects of the causes in which the “Levinas” ruling was applied to those of the Argentine mail involving the family of former President Mauricio Macri were suspended.

General Prosecutor requested the suspension of the Levinas ruling

The Attorney General of the Interim Nation, Eduardo Casal, said that the Public Prosecutor’s Office would be prevented from fulfilling its legal and constitutional functions in the processes that process before the national jurisdiction, to the detriment of the interests for which it has to ensure.

Lawyers for Argentina and respect for court rulings

“Respect for the failures of the Supreme Court is a fundamental principle of the institutional system. Not fulfilling its decisions generates uncertainty and puts equality before the law, ”says a statement from the Lawyers for Argentina.

Lawyers question that the transfer of powers to the city has advanced “slowly and obstacles.”

“It is essential that political representatives find an institutional channel that guarantees compliance with the Constitution without affecting citizens or the exercise of law,” the association warned by highlighting that citizens and law are “caught in a dispute over a dispute over the jurisdiction of the courts ”.