Fallo Schiffrin: La Corte restablece el límite constitucional de 75 años de edad para la función judicial

SÍNTESIS.- En el marco de una causa por la cual se discutió la validez de la cláusula introducida por la Convención Constituyente de 1994 en el art. 99, inciso 4, tercer párrafo, de la Constitución Nacional, restablece el límite de setenta y cinco años de edad para el ejercicio de la función judicial, abandonando de esa forma la doctrina sentada en el caso “Fayt”, en el cual se había declarado la nulidad de la referida cláusula constitucional. Entiende que debe interpretarse que la Ley 24.309 (art. 3, punto e), al habilitar a la Asamblea Reformadora de 1994 a actualizar las atribuciones del Congreso y del Poder Ejecutivo contenidas en la Constitución Nacional, incluyó los diversos componentes del proceso de designación de los jueces federales que impera en nuestro país. Asimismo considera que la Convención Constituyente no ha excedido los límites de la norma habilitante al incorporar dicha cláusula ni tampoco ha vulnerado el principio de independencia judicial, que hace a la esencia de la forma republicana de gobierno. Ello así, en tanto el límite de edad modifica únicamente el carácter vitalicio del cargo, pero no la garantía de inamovilidad.

“Schiffrin, Leopoldo Héctor c/ Poder Ejecutivo Nacional s/ acción meramente declarativa”, CSJN, 28/03/17

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Fuente: Sistema Argentino de Información Jurídica


43 comentarios de “Fallo Schiffrin: La Corte restablece el límite constitucional de 75 años de edad para la función judicial

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