36.
Article 115 of the Argentine National Constitution provides:
The judges of the lower courts of the Nation shall be removed on the grounds stated in
Article 53, by a special impeachment jury composed of legislators, judges, and lawyers with
federal registration. The decision, which cannot be appealed, shall have no other effect than
the removal of the accused. However, the convicted party shall nevertheless be subject to
accusation, trial, and punishment according to law before the ordinary courts. If no decision
was taken after the term of one hundred and eighty days since the opening of the
proceedings for removal, said proceedings are to be set aside and, in that event, the
suspended judge shall be reinstated. The composition and procedure of this jury shall be
stated in the special law mentioned in Article 114.4
37.
Article 182 of the Constitution of the Province of Buenos Aires provides:
Judges of appellate courts and courts of first instance, as well as members of the Office of the
Attorney General may be denounced or accused by any Argentine national for criminal
offenses or minor offenses committed in the performance of their official duties before a jury
of 11 members that may function with a complement of no fewer than six, which shall be
composed of the President of the Supreme Court of Justice, who shall preside over it; five
registered lawyers who satisfy the conditions to be members of said tribunal; and up to five
lawyer-legislators.5
38.
Law 8085 set forth the composition and procedure of the Impeachment Jury, as well as
causes for disciplinary measures.
39.
Article 1 of Law 8085 stipulated:
In the first regular session of each year, the President of the Senate shall draw up a list of all
the lawyer-legislators who have been installed in their respective bodies. The list shall be
lengthened or shortened in line with the addition or withdrawal of lawyer-legislators, which
fact shall be communicated to the Supreme Court of Justice and both legislative chambers for
the purposes of any claims that might arise owing to any undue exclusions or inclusions the
list shall be used for all drawings of lots that may be required up to the first regular session
of the next year.6
40.
Article 2 established:
The list of registered lawyers who meet the requirements to be members of the Supreme
Court that this Tribunal is required to draw up, in order to draw lots to choose from it those
called upon to be part of the jury referred to in Article 182 of the Constitution, shall comprise
those who satisfy the conditions to be associate judges in accordance with the provisions
contained in said Article 182. The Senate and the Chamber of Deputies shall be notified of
that list and it may not be modified until the following year except in the event of a duly
justified erroneous exclusion or inclusion.7
4
Argentine National Constitution, Law No. 24430.
5
Constitution of the Province of Buenos Aires.
6
Law 8085, Rules of Procedure for the Impeachment Judges.
7
Law 8085, Rules of Procedure for the Impeachment Judges.