The President of the Supreme Court of Justice, Horacio Rosatti, defended the ruling issued four years ago on the composition of the Council of the Magistrature and stated that one of the most complex tasks for a judge is to 'supplement the omissions of the other branches of the State'. Rosatti made these statements during the awards ceremony of the Argentine Association of Procedural Law, emphasizing that 'all, judges, legislators, and members of the Executive Branch are below the Constitution'. He detailed the complex balance that judges face in the absence of regulations from other powers. 'We always have this dilemma of saying to what extent we intervene when there are omissions from the Executive or Legislative Branches,' he noted. Rosatti cited the 2020 ruling on the Council of the Magistrature as an example, where when the National Congress failed to meet the deadline to pass a new law, the court turned to a previously enacted regulation. He stressed that in such cases, it is crucial that 'the law is applied' and that the judge must act at a certain moment, as all branches of government are subordinate to the Constitution.
