The eternal and unfinished debate on the questioned Council of the Magistracy of the Republic of Argentina ; El eterno e inacabado debate sobre el cuestionado Consejo de la Magistratura de la República Argentina

The establishment of the Magistracy Council in the Republic of Argentina has been the result of a slow, questioned and still questionable work to this very day, where a climate of constant confrontation between three separate powers and the iron submission of the Executive and Legislative Power to the Judicial Power. The ambivalence of the content of articles 114 and 115, alongside the constitutional reform of 1994, has allowed serious doubts to be formed regarding the existence or non-existence of judicial independence and recognition of the official guarantee of the State of Law. The law instilled by the Magistracy Council has undergone various changes since its promulgation, some of them having managed to improve to a certain extent the internal functioning of the aforementioned body, but the core problem has still not been resolved if not encouraged, due to the reduction of the composition of the Magistracy Council and its excessive dependence on the executive branch endangering the separation of powers. Solving and improving the current situation would not only require a reform of the cited constitutional precepts but also a depoliticization of the Magistracy Council, as well as greater awareness and political will, starting with the recognition, through law, of the separation of powers and ending with the non-interference of the Executive branch, as well as the Legislative branch, with the Judicial. In this essay, not only will be studying all the aspects of the Magistracy Council but also a body of dubious constitutionality, the so-called Jury of Prosecution. ; La instauración de un Consejo de la Magistratura en la República de Argentina ha sido fruto de un trabajo lento, cuestionado y cuestionable a día de hoy, donde ha pervivido un clima de confrontación constante entre los tres poderes y el sometimiento férreo del Poder ejecutivo y legislativo al Poder judicial. La ambivalencia del contenido de los arts. 114 y 115, con la reforma constitucional de 1994, ha permitido generar serias dudas sobre la ...