In the midst of harsh Kircherism’s criticism of the Judiciary and in particular of the Supreme Court of Justice, The ministers of the highest court decided to start the judicial year 2022 with the decision to carry out a series of public hearings to advance in the definition of the constitutionality of a series of sensitive issues: the cultivation of medical cannabis and the right to be forgotten, a concept related to habeas data and the protection of personal data, privacy and image and the right to honor. The other topics are the preservation of endangered species and the conflicts of real estate brokers.
The decision was made by the judges Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti in the first agreement of ministers that took place this week. The launch of the court’s agenda comes after last Tuesday a mobilization identified with Kirchnerist sectors and accompanied by a strong union presence protested at the gates of the Palace of Courts and demanded the resignation of the members of the highest court. On Thursday, meanwhile, there was a counter-march in support of the Court.
Political issues do not appear on the announced agenda. This does not mean that the judges cannot analyze highly politically sensitive files throughout the year, where the ruling party claims to close the cases against Cristina Kirchner or Miracle Room. But it does state that the judges want to open the doors of the files to public hearings, a mechanism that was already used in the Riachuelo case, the debate on the Media Law or the lawsuit of a model against Google.
As indicated to Infobae judicial sources, the ministers of the Court set a schedule of 37 hearings to be held during the first part of the year (the dates are not yet known) to analyze and establish a position in a witness case. That definition will allow the definition not only of that cause but of hundreds that have the same axis and are before the highest court.
“The Supreme Court of Justice of the Nation regulated by Agreed 30/2007 holding public hearings for the purpose of raising institutional quality in the area of the Judiciary and deepening the constitutional rule of law. Through them, it seeks to guarantee citizen participation and the dissemination of the way in which the Supreme Court carries out the processes in which it exercises its jurisdiction”, the Court indicated.
The topics under discussion will be:
– Cannabis medicinal. The questioning of the constitutionality of the requirement to submit to a state experimental research program as a condition for free access to cannabis oil and its derivatives for medicinal purposes (requirement provided for in article 7 of Law 27,350 – Use Medicine of the Cannabis Plant and its derivatives). Likewise, the prohibition of self-cultivation for medicinal consumption by minors is questioned.
– Right to be forgotten Taking into account articles 14 (regarding freedom of expression) and 19 (privacy) of the National Constitution, the request to block information available on the Internet, at specific URLs, which allude to the privacy of the appellants, will be analyzed. for past events.
– Preservation of species in danger of extinction and economic activity – Jaguar Within the framework of the provisions of article 41 of the National Constitution, there is a need to resolve a request aimed at preserving the habitat of endangered species, together with the suspension of productive exploitation in the area involved.
– Real estate brokers The systemic conflicts arising between the brokerage associations and the companies that provide complementary services to the real estate activity will be analyzed, regarding the scope of the professional activity in question. The real estate broker profession is regulated both by the Nation and by the provinces and, in turn, the aforementioned conflicts affect the entire category of professionals. In addition, they have already received solutions of different tenor in different jurisdictions. It is, therefore, in debate, whether it is a question of national or provincial jurisdiction, being, in turn, achieved, the right to work and exercise any lawful industry contemplated in article 14 of the National Constitution.
The President of the Supreme Court Horace Rosatti he had said at the end of December in different interviews: “we would like to resolve a hundred cases per year, we have an agenda for next year. We are thinking about it with the colleagues of the court. We would like to say that we will deal with euthanasia, freedom of expression, assisted fertilization, property rights, property of native peoples. The big themes. But we are told that more cases must be resolved because there is a delay. They tell us that it would be solved with more members. Fake. The more judges we have in the Court, the longer the round through which the file must circulate. It means slower.”
In the Supreme Court today there are four members after the resignation last October of Judge Elena Highton de Nolasco. President Alberto Fernández has already announced that he will seek to propose a woman to the Senate to occupy that position. However, no candidate has yet been nominated.