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2008 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	83
37	Can members of the judiciary be held accountable for their actions?	83
38	Are there regulations governing conflicts of interest for the national-level judiciary?	43
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	42

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: National Constitution: [ LINK ]

Decree 222/2003: [ LINK ]

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: The mechanism is contemplated in the National Constitution. The mechanism is the following: the Judicial Council selects three candidates and sends the applications to the Executive Power, who selects one of them and submits it to the Seante for approval.

References: National Constitution: [ LINK ]

Law 26.080: [ LINK ]

Henan Sosa, Lawyer, Poder Ciudadano Foundation, November 2008

Can members of the judiciary be held accountable for their actions?

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: National Constitution: [ LINK ]

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Gastón Rosenberg, Professor at University of Buenos Aires

Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The Judicial Council is the discilplinary agency that has the right to remove judges.

References: National Constitution: [ LINK ]

Hernan Sosa, Lawyer, Poder Ciudadano Foundation, November 2008

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: National Constitution: [ LINK ]

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. 50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: Investigations are only initiated if a denounce occurs.

References: Gastón Rosenberg, Professor at University of Buenos Aires

Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

Hernan Sosa, Lawyer, Poder Ciudadano Foundation, November 2008

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Sanctions are only disciplinary, not penal.

References: Gastón Rosenberg, Professor at University of Buenos Aires

Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

Hernan Sosa, Lawyer, Poder Ciudadano Foundation, November 2008

Are there regulations governing conflicts of interest for the national-level judiciary?

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Ethics on public exercise. Law 25188: [ LINK ]

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Ethics on public exercise. Law 25188: [ LINK ]

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: Ethics on public exercise. Law 25188: [ LINK ]

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Ethics on public exercise. Law 25188: [ LINK ]

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: They work in the private sector after leaving the judiciary. It is like a revolving door phenomenon.

References: Gastón Rosenberg, Professor at University of Buenos Aires

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Gastón Rosenberg, Professor at University of Buenos Aires

Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: They are not audited.

References: Gastón Rosenberg, Professor at University of Buenos Aires

Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

Can citizens access the asset disclosure records of members of the national-level judiciary?

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Ethics on public exercise. Law 25188: [ LINK ]

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura [ LINK ]