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WHY THE PRESIDENT WANTS VILLA STEIN MEMBERS RESIGN NOW CNM?

The President of the Supreme Court, Javier Villa Stein, was presented yesterday at the ceremony that swore the new President of the National Judicial Council (CNM), Max Cardenas, and which incorporated two new members to that body, the newly elected National Assembly of Rectors on behalf of universities (Luis Maezono and Gaston Soto Vallenas).

According Villa Stein was not invited to the ceremony, CNM error, being the head of the judiciary. But anyway it was, because, he said all citizens were invited. Villa Stein not only attended but took the opportunity to testify in front of everyone, that he recognized only the two new directors, and the rest should resign. The unexpected intervention of Villa Stein made the atmosphere of the ceremony was tight.

Should not our Head of the Judiciary try not to have such outbursts, which only serve to further discredit the whole system Justice? Is not it disrespectful to the whole of Trustees, which, like it or not the doctor Villa Stein, remain members of the CNM, with the status of Supreme Court justices, as stated in the Constitution? Is he not also with other authorities who had attended, as the case of the Attorney General, and in general, with all present? What if each authority disagrees with the way the contrary, takes any public ceremony to curse him in his face?

True Villa Stein is still the President of the Supreme most media in our history, and that is giving some pros. Overall is better to stand up to be a faceless authority, especially in a world so tight as that of justice. But watch constantly seek special effects to media.

If the Chief Justice wants CNM members complete their term before the five years that apply, you must use institutional channels. For example, should demand that Congress immediately acted against the case of Efrain Anaya, because inaction is allowing this Adviser, subject to a serious complaint, continue in office. This counselor questioned, just voted against the dismissal of the Supreme Távara and Solis for Alas Peruanas the issue when he discussed before in favor of such removal. Anaya's vote over the two Supreme saving the maximum penalty. A situation that is responsible directly to the President of the Supreme Court, against which there are obvious reasons to do question of state.

Recall that the CNM is an independent constitutional body, so that statements such as Villa Stein, without recourse to the institutional means that our legal system provides to investigate and punish members of the CNM, means an undue interference one branch of government against the body. It is not the same as an ordinary citizen ask the resignation of an authority to do so the president of one of the three branches of government, which also is the most important of all a system of Justice, which also owns the CNM, but with full autonomy.

The approach today made against CNM Villa Stein seems contrary to law and quite inconvenient.

What is the legal basis for Villa Stein has under the law to recognize members of the CNM, and not recognize others? There. The Constitution specifies who can name every five years to members of the CNM (principals, the Supreme Court, professional associations, etc.), And those who may remove by a qualified majority (the Congress). None of these powers is among the powers of the Chief Justice. Therefore, he is obliged to recognize current members of the CNM, while not complete their five-year period. Deciding not to recognize them by a unilateral act, can have an effect on public opinion, but it means an attack on the law, and that is very serious, being none other than the Chief Justice, whose performance is based on respect International Law.

On the other hand is not it absurd to demand the resignation of members of the CNM, just when, abandoning its rigid position Initial, have chosen to demonstrate its willingness to correct and not become a fait accompli a contest so questioned?

remember that many sectors have been asking for the annulment of the contest and display the reviews. The criticism was when the CNM was closed and did not budge. But then, when it's case and awarded the two points, you have to do is to recognize and celebrate that attitude and do not punish them, asking for his resignation. Moreover, they have been clear in saying that this is not a clean sheet against the irregularities that could have, as investigations continue.

Or what I wanted Dr. Villa Stein is rather that the competition will not be declared null and continue, despite the errors and irregularities?

On the other hand, the President of the Supreme seems not to realize that we are in times when, without any need of resignation, each and every one of the current members of the CNM, will be renewed, several months before completed this year. To start, the last day of February, the directors left the CNM Francisco Delgado de la Flor and Edwin Vegas, and just entering his successors.

A major change in relation to what supposedly motivated the request for waiver of Villa Stein since Delgado de la Flor is the director who has been Chairman of the Selection Committee and Appointment of the competition which has just been canceled.

Which means that, if accepted as proposed Villa Stein (the resignation of decency), the main responsible for what happened would not be affected at all because I left office.

Apart from this change of the two representatives of the universities you just realize, is already in the process for selection of three new representatives of professional bodies, who should replace Max Cardenas, Anibal Torres and Ephraim Anaya. The latter is special case because, even without, believe it is in the pillory, since his case has been passed to Congress and the public prosecutor for the alleged commission of an act of corruption, which it seems is true and provable.

In June, then enter three new directors who together with the two universities, will be five new total, which are mostly opposed to the two that would stay. But in August and September, two (Peláez and Mansilla) will also be changed, because it touches on the renovation of the representatives of the Supreme Court itself and the Board of Prosecutors, respectively.

So today we have two new members in June September five and seven members of the CNM will be others in relation to those of today. And all done by the institutional and orderly, without the institutional chaos and trauma that would cause the resignation of five directors, who will need very little to finish his term.

Those who would give up now, as he wants Villa Stein, otherwise do not belong to the group of councilors questioned over the past five years, either because the last contest, or for other reasons. In relation to the competition - as we said - the President of the Commission and concluded his term. Compared to the other questions, the more seriously we must never forget, was the irregular and very suspicious change in voting against the removal of Angel Romero, case involving the Directors Delgado de la Flor and Vegas, and out of the CNM, and Anaya (possibly removed soon), who from the beginning favored Romero. Do not forget either that Angel Romero, a judge dismissed almost had overcome in the competition recently canceled the first two stages, and only lacked the interview to become a Supreme, which would have been a scandal. Why not say anything about this Villa Stein?

To be clear then, that the approach of Villa Stein of directors resign and would not affect that in these five years have been the most controversial or have had more accountable to errors and irregularities in the competition canceled (Delgado de la Flor, Vegas and Anaya), and only hurt those who have had a better performance and is known to have internally all efforts cases to improve procedures for the selection and appointment.

Anyway Villa Stein touches that distinguishes a case by case and clarify what is the responsibility of everyone.

is as if, for example, by poor performances and more recently Robinson Távara Gonzales and Solis was required to renounce the entire Supreme Court, even though everyone knows that there is Supreme also good judges.

Even if the judge denies Villa Stein, our impression is that some people are exploiting the situation to try to disappear at the CNM as an institution, and thus that some of its powers to return to political power (the appointment of judges) and other the judiciary (all removal or evaluation), which for us would be a real setback.

It is a question of reforming and improving the CNM and the manner of electing its members, based on practical experience we already have on their functioning.

One last question. If Villa Stein really wants to improve the justice system, why not start at home, and began the reform of the Supreme Court, as or more necessary that the reform of the CNM? The critical that CNM has not solved the problem of provisional among judges, the Supreme forgetting that the interim more headlines, and not because of the CNM, but from the Supreme Executive Council of the Judiciary.

From: Viva Justice Team