The president of the Supreme Court, Horacio Rosatti, made it clear what they are doing regarding the megaDNU dictated by Javier Milei and other Government measures. “We have to give politics a chance. If they do not resolve these issues, Justice will resolve it,” he indicated. It was a double-edged statement: on the one hand, he was not very supportive of the judicialization of all political issues. But, on the other hand, it was a double message to the Government and Congress: a message that says that they are giving them time, but that if they do not find a solution the Court will end up intervening. The approach is particularly valid in the case of prepaidwhere the right to health is at stake: until now, the Court has done nothing and observes how the Government becomes entangled between the deregulation it ordered and the scenario of uncontrolled increases that was established.
Rosatti answered, strictly speaking, a question about the demands made by different provinces before the Court and the times that the highest court manages, although his statements can be read as a broader response. “We do not like political issues to be judicialized ahead of time.“said the president of the Court, who had been invited to an event at the Rotary Club.
There he said that he hopes that politics will resolve the pending issues (among them, DNU 70). In case it had not been clear enough, he was in favor of “are resolved at the parliamentary level.” That is, in the case of the decree, in the Chamber of Deputies which, after the rejection of the Senate, has the power to annul it or ratify it.
However, Rosatti also left a warning about what the Court will do if the political sectors cannot, do not know how or do not want to resolve the conflictive issues raised between the Nation and the provinces: “If not, we will resolve it in a reasonable time,” he indicated. She gave no clues as to what that “reasonable time” would be for him.
On the other hand, avoided giving a response on the viability of women being appointed as members of the Supreme Court of Justice and clarified that, in the current context, his statements could be “misinterpreted.” Milei chose not to send any nominations from a woman to complete the Court: in her place, she selected two men, the federal judge Ariel Lijo and the professor close to the Opus Dei Manuel García Mansilla.
“We must give politics a first chance: There are talks, meetings, negotiations in Congress that we avidly follow, but if politics does not resolve this issue, Justice will resolve it. We do not like that judicialization is the shortcut to resolve issues that politics does not resolve. We bet that these issues are resolved at the parliamentary level or wherever; If not, we will resolve it in a reasonable time,” was the complete sentence left by the president of the Court.
Rosatti also said that the relationship “between politics and Justice is sometimes tense, difficult. Politics wants quick, general definitions and the judge resolves particular cases, the judge’s head has its rhythm, which is set on reestablishing the legal order “”If the judge does not understand the politician and the politician does not understand the judge, the way to bridge this gap is through institutional dialogue,” he considered.
Regarding the policies of the current Government, Rosatti clarified that the Constitution “does not prohibit State intervention, but rather indicates that the State is the one that must favor” the population in issues such as education or health.
Rosatti also left a warning about utility rates. He said that the Court does not intervene in political decisions, but it can rule on their consequences and gave the example of 2017, during the government of Mauricio Macri. “The judge does not question the political decision of the ruler, but rather he pronounces on the consequences with a restrictive criterion. The Court has already analyzed the matter taking into account the parameters of the reasonableness or confiscatory nature of the rates,” he recalled.
