Justice at the local level
Introduction
The conditions of exercise of the position. In which we seek to determine the greater or lesser independence of the judge in the exercise of its function. Thus, it can be distinguished according to the judge to be a political position, under the designation and removal of the municipal mayor, without special requirements to access it, or even that they are minor officials operating by delegation of the attributionjurisdictional that the mayor himself does.
Developing
We are facing a position of ‘judge’ with characteristics such as professional and technical suitability, immobility while good behavior lasts. Agreement of the Deliberative Councils for the designation, special processes of removal, salary intangibility, functional incompatibility;etc. The review instance. This element occupies in any independent jurisdiction strategy for fundamental importance. The variants in this matter are notorious.
For the lack of precisely an adequate definition of the legal nature of local justice. Among the various possibilities that exist in our public law, we find: appeal to the Council: that is questionable because the Council is an eminently political and non -legal body;and of a deliberative and legislative nature, but not jurisdictional. To this, it must be added, that the councils work ordinary only one part of the year.
Appeal to the Municipal Mayor: the exercise of jurisdictional powers by the mayors both in original and in elevation is questionable because they are officials of a political and non -legal nature;and for the large number of causes they must attend, without being able to access adequate knowledge of them. Appeal to a specific chamber: it is logically the legal ideal that corresponds best to the double objective of respecting the autonomous nature of the municipality.
Seeking justice to be fully carried out at the local level and to achieve a truly suitable judicial instance in law and independent of political power. Appeal to ordinary justice: it is a fairly generalized case in the norms, but of little practical use. It has the inconvenience of the lack of specialty of the criminal judges of instruction or correctional or peace to which the elevation is generally produced.
conclusion
Its use tends to be expensive if the entity is normally scarce from the causes to be resolved. Beyond the fact that the issue is in full debate, in our opinion they do not exist, neither in national law, nor in provincial law, regulatory repairs to the development of an independent municipal justice. We even think that the jurisprudence of the Court can be harmonized with these principles, since it is prior to the ‘Rivademar’ ruling.
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