The executive branch is superior to the judicial branch in the United States and Europe, and the fight that Latin American judges are waging to defend their independence is an example for the rest of the world.
That’s what the judge thinks Marcelo Gallo TaglePresident of the Latin American Federation of Magistrates (FLAM), who warned against one growing phenomenon in the region and the world: the attempt by political power to “tame” the judiciary in order to eliminate institutional controls.
According to the Argentine judge, who will be president of FLAM until May 2026 if the governments in power request it absolute power and they encounter errors Unconstitutionality those who stop their reforms see the judiciary as one Obstacle that needs to be removed or neutralized.
Gallo Tagle emphasized that in Argentina it was possible to bring the progress of the “democratization of the judiciary” to a halt in 2013 due to the funded project Cristina Kirchnerthis model of political co-optation took shape Mexicowhere a dangerous precedent has been set that other leaders in the region are watching with longing. In Mexico, he said, the drug trade has hijacked the popular vote of judges.
Given his regional role, the judge notes with concern that even countries with solid democratic traditions, such as Costa Rica or the United States, are experiencing unprecedented attacks on the independence of the judiciary.
In this context Gallo Tagle defended the resistance of the Argentine Judges’ Association as a successful model observed by its international colleagues, although it acknowledged the need for self-criticism in the face of it Debt of justice to societysuch as B. Slowness in processes.
Furthermore, he opposed the popular election of judges – as implemented in Bolivia and Mexico – arguing that this system politicizes the judicial function and favors the arrival of judges aligned with political power or, even worse, with organized crime.
−Why is it important that an Argentine judge heads the FLAM?
− It is a recognition of the activities developed by Argentine judges through the Association of Judges in Defense of the Independence of the Judiciary. It is a task that we solved with a lot of effort and setbacks, but on the whole with successful results. This is highly appreciated in the region by other suffering countries of the Federation Overwhelms that we can overcomewhile in some cases they were unable or in a weak situation to confront them.
−Are you referring to the democratization of the judiciary in 2013 or are you talking about more recent events?
−I’m talking about all these situations. At that moment we managed to stop an advance, which was the case “Taming” justice. But that’s exactly what the Mexican president achieved last year by reforming his constitution with the popular election of judges.
−So what was attempted here was achieved there?
−Yes. When I visited Mexico fifteen days before the reform was completed, Cristina Kirchner was there. She met with Manuel López Obrador and congratulated him for achieving what she had failed to do in Argentina. Fifteen days later I disembarked to try to explain the negative impact of this reform, but my speech was inadequate because the votes had already been taken and it was adopted.
−Is there a risk that the same thing will happen in other Latin American countries?
− Not as vigorously as in Mexico, but more than one country has already shown its support for the system approved there. Colombian President Gustavo Petro spoke positively about Mexican reform. If the judiciary declares these reforms unconstitutional, the political power sees the judiciary as an obstacle. Since they cannot domesticate or politicize it, they try to eliminate it because it is an “inconvenient force.”
−How do you see the situation in Argentina today?
−Today in Argentina we have not experienced any external pressure from the executive branch about the functioning of the justice system. There have been no attacks on the independence of the judiciary during the current presidency.
−Are you concerned that as pension reform progresses, an attempt will be made to change the retirement rules for judges?
− There is a lot of talk about it, but we understand that in a rational analysis it should not happen. Today, the judges’ pension system is not only self-sufficient, but also contributes to the general Anses system. Our contribution is 18% and is unlimited, much larger than that of any citizen. It is a special system, not privileges.
−In which other Latin American countries is there a risk or violation of the independence of the judiciary?
−Costa Rica, a country that has always greatly respected the independence of the judiciary. The President Rodrigo Chaves Roblesthis custom is changing and forces us as FLAM to speak out in the face of the personalized attacks against judges who dictate decisions that are unpleasant to the executive. Something similar is happening in Peru, where judges who question attacks on independence are being prosecuted by Congress. What they have in common, and what Argentina also had, is that subjugation aims to move from the center to power that sets limits.
−How do your colleagues from other countries assess the situation in Argentina?
− They observe this changing situation depending on the ruling executive. You see that some governments are reluctant to tolerate independence and attack judges, while in other periods there is respect. What they rate positively is the performance and effectiveness of our association of judges in conducting this defense.
−And society? Is it a defense of justice or a defense of the unions?
− In general, society does not defend the judiciary, except in exceptional cases such as the attempted impeachment of the court. Most often they buy the installed negative image. In order to smooth out the separation of powers, the political power tries to discredit our image.
−But he certainly has self-criticism, he won’t say that everything is perfect…
−Never. There are very serious debts: cases that last 20 years, problems in labor and civil justice… I completely agree. Just because I defend independence doesn’t mean we’re doing everything right. In fact, we are the first to be interested in the fact that a judge is not doing his job properly because it is a flaw for everyone.
−What do we need to import and export on your trip through Latin America?
−We export strength and success in defending the independence of the judiciary. Import what? We believe in defending independence and share the same principles. Even the United States, which has always been our doctrinal role model, today exhibits similar deficiencies in its legal leadership, with ideological alignments and attacks from political power. Europe is also experiencing terrible situations in Spain, France and Italy. It’s as if Latin America had the problems first and now they’re looking to us to see how we responded.
−What is the risk of electing judges by the people?
− The popular elections, such as those held in Bolivia and Mexico, politicize the judge’s career. It forces the judge to seek sponsors and campaign, compromising his independence. How do you explain to a citizen that the judge is impartial when the other party is funding his election campaign? Furthermore, participation in these votes is usually very low. In Bolivia, where participation was less than 10%, judges were ultimately appointed in accordance with those in power. In Mexico, with a similar percentage, judges who have joined the drug trade win. Only in Switzerland (for neighborhood judges) and some US states (which are phasing out the system) is there a referendum; It is not a comparable model to the one that is being implemented in our region.
−I mentioned that even in the United States and Europe, problems are emerging that seemed to be unique to our region. Do you feel like they now look to us to find solutions?
−Yes, they are looking at us because we had the problems first, and they want to see what answers we propose to address them. We are members of the International Union of Judges, which includes 93 countries, and in recent meetings we have heard worrying reports of previously unknown abuses such as salary cuts and political attacks. It’s strange, but something is happening that is the opposite of what happened before with fashion, which left there and arrived here some time later. Now it is the other way around: these circumstances first appeared in Latin America and are beginning to occur there. The reason is the same: being an “inconvenient force” that sets boundaries, they try to domesticate them.
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