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the form and the substance – PublicoGT

One of the most serious issues of the current situation is related to the selection of judges for the High Court of Justice, and magistrates of other chambers. For this, the process was launched through the nomination committees and the selection of their members. And aspects of compromise have appeared that seem to be bogged down by trifles, which is not the case. Some of the examples may give clues to better understand the point.

A few years ago, in the 80s, the insurgency proposed to the government at that time to start negotiations to find peace and promote some reforms that were necessary, that the negotiations would take place on national territory . The proposal indicated that the negotiations could take place on national territory or in one of the embassies accredited by the government.

At that time the government refused because the idea of ​​negotiating on national land meant a loss of opinion and sovereignty. That was the bottom line. This is the reason to start negotiations in Madrid. The rest is part of the news about the long and sometimes tedious negotiation process. This is the source of the criticism that has been published about the conversations in five star hotels. This detail is now remembered.

In another process, such as ending the Vietnam War, in the 1970s there were several months of discussion before they started negotiations. In this case, it was the previous and curious debate whether the table was round or square. It seems absurd that the negotiation for the end of a war of years and with intensity levels almost at the level of the times of the Second World War, has been stuck for months with the shape of the table.

At that time the US wanted a round table, and Vietnam wanted a square table. There was news, cable news, TV, etc., but not dealing with the material. The bottom line was that on a round table you could say that everyone was there, and on the square table you could find the four forces that were necessary. US, South Vietnamese government, North Vietnamese government and FLN in the south.

With the round table they wanted to make the FLN (Viet-cong) invisible and in that way say that the whole war was part of the policy of North Vietnam and not the result of the occupation of South Vietnam by the US by installing a government that was against North America, before the FLN emerged. He won the thesis of four forces in the Vietnam conflict and the war, after a few years of negotiations, could be completed.

But returning to the election of the courts, now one of the problems is (or was) the headquarters for the work of the nomination commissions. For some of the commissioners, the CSJ courtroom was the ideal place, and for others a place at the URL. Apparently, the issue was the problem of parking, lack of logistics, or distance. But in fact, the issue was around those who wanted the re-election of the members of the CSJ through local channels, and at the other end, the idea of ​​gradually increasing the independence of the electoral process of the court There was already a vote on the point and it showed how difficult it was to find a consensus for the headquarters.

In any case, it is a touch of some commissioners not to go to meetings at the URL, that is, outside the scope of their source of power, that is, that there are magistrates who are heirs to the corrupt covenant. little by little it will disappear and in its place, a place will be set up for the independence of the nominating commissions and with it, a ban on the re-election of the magistrates who, as we remember, were directly elected to complete the required year. of the former users of the CSJ that they lived for about four years because new courts were chosen by the corrupt agreement.

Finally, behind the debate on which seat is the most suitable, lurks the idea of ​​extending as far as possible the stability of the current magistrates, thus trying to ensure that for them, because of fatigue, to keep them in their positions illegally. . This is what hides, in this case, the background of the subject. It is not the headquarters, it is the corruption that must end in the election of the courts.

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