ARGENTINA - The Judicial System
ARGENTINA - The Judicial System
ARGENTINA - The Judicial System
2
Judicial Reform Program
Programa de Apoyo a la Reforma del Sistema de Justicia BID 1082/OC-AR
Report by:
Dr. Martín Gershanik
Thanks to:
National Judicial Branch (Poder Judicial de la Nación), Public Defender’s Office (Defensoría General de la
Nación), Attorney General’s Office (Procuración General de la Nación), Junta Federal de Cortes y Superiores
Tribunales de Justicia de las Provincias Argentinas (JUFEJUS), ARGENJUS, Javier Said (World Bank), Gustavo
Ferrari (El Derecho), Eduardo Molina Quiroga (Consejo de la Magistratura de la Ciudad de Buenos Aires), Julio
Trajtenberg (Poder Judicial de la Provincia de Santiago del Estero), Luis Enrique Pererira Duarte (Federación
Argentina de Colegios de Abogados) Colegio Público de Abogados de la Capital Federal, FORES (Foro de Estudios
sobre la Administración de Justicia)
3
Table of Contents
MAP OF ARGENTINA..................................................................................................................................................5
FOREWORD.............................................................................................................................................................6
GENERAL INFORMATION............................................................................................................................................7
Ministry of Justice and Human Rights.................................................................................................................8
Secretary of Justice and Legislative affairs......................................................................................................................9
Undersecretary for Justice and Legislative Affairs.........................................................................................................10
National Office of Alternative Dispute Resolution Methods (Dirección Nacional de Promoción de Métodos
Participativos de Justicia)..............................................................................................................................................10
Judicial Reform.............................................................................................................................................................. 10
Support Program for the Judicial System Reform – BID Loan OC-AR 1082................................................................11
PROJUM – Model Court Development project.............................................................................................................12
Secretary of Criminal Policy..........................................................................................................................................13
Undersecretary for Penitentiary Affairs.........................................................................................................................13
Undersecretary of Human Rights...................................................................................................................................13
Anti-Corruption Office..................................................................................................................................................13
Procuracion del Tesoro de la Nacion.............................................................................................................................14
AMIA - Special Investigative Unit................................................................................................................................14
JUDICIAL SYSTEM STRUCTURE.................................................................................................................................15
The National Judicial Branch.............................................................................................................................15
The Public Ministry............................................................................................................................................17
Attorney General’s Office..............................................................................................................................................17
Public Defender’s Office...............................................................................................................................................18
Functional organization of the Judicial system..................................................................................................19
QUANTITATIVE INFORMATION.................................................................................................................................20
Judicial System Size...........................................................................................................................................20
Supreme Court............................................................................................................................................................... 21
Criminal courts (Fuero Penal)........................................................................................................................................21
Civil Courts (Fuero Civil)..............................................................................................................................................21
Commerce law Courts (Fuero Comercial).....................................................................................................................21
Labor Courts (Fuero Laboral)........................................................................................................................................22
Economic Crimes Courts (Fuero Penal Económico)......................................................................................................22
Administrative Courts (Fuero Contencioso Administrativo)..........................................................................................22
Social Security Courts (Fuero de la Seguridad Social)...................................................................................................22
Federal Criminal Courts (Fuero Criminal y Correccional Federal)................................................................................22
Federal Civil and Commerce law Courts (Fuero Civil y Comercial Federal).................................................................22
Judicial Career....................................................................................................................................................23
Budget Information.............................................................................................................................................23
Auto-financing Methods of the Judicial branch.................................................................................................24
Work load...........................................................................................................................................................25
Civil cases...................................................................................................................................................................... 25
Civil cases (family)........................................................................................................................................................ 25
Commerce law cases......................................................................................................................................................26
Labor cases.................................................................................................................................................................... 26
Federal Civil and Commerce cases................................................................................................................................26
Federal Administrative cases.........................................................................................................................................27
Social Security cases......................................................................................................................................................27
Criminal Cases............................................................................................................................................................... 28
Criminal (Investigation) cases.......................................................................................................................................28
Economic Crime cases...................................................................................................................................................29
“Correccional” cases......................................................................................................................................................29
OTHER INFORMATION...............................................................................................................................................29
ADR (Alternative Dispute Resolution) System..................................................................................................29
Mandatory Mediation information:................................................................................................................................30
Mandatory Labor Conciliation Service information:......................................................................................................30
Lawyers...............................................................................................................................................................31
APPENDIX.................................................................................................................................................................32
4
Map of Argentina
5
FOREWORD
The objective of this work is to present the Argentine Judicial System, in its national and provincial aspects. The
indicators and statistics used give a clear picture of the inner workings and dimension of the judicial structure. A
thorough investigation has been carried out in order to give the public the most accurate information as possible. To
achieve this mission the information offered is of a quantitative and qualitative nature; budget and workload
indicators are also included. It is important to point out that the cooperation given by all the judiciaries in the
country has been a key element in completing this initiative.
This is not an isolated endeavor, it is part of an ambitious program aimed at improving the judicial system. The
judicial reform is one of the main goals of the Ministry of Justice and Human Rights and requires the coordinated
work of all those involved. Thus, taking into consideration the independence of the judicial branch, numerous
projects are being developed that attempt to strengthen and modernize it. They are divided in several areas of
interest.
Access to Justice is one of these areas; the focus here, is on improving the relationship between the citizenship and
the judiciary. The activities currently underway are: Access to Justice and Legal Education Manuals, in conjunction
the Bar Association of the Federal Capital, a Registry of Centers that provide free legal assistance and counseling,
and Legal Orientation Centers to be established in strategic locations with high levels of public attendance.
One of the projects directly related with this publication is the Argentine Justice Internet Portal
www.justiciaargentina.gov.ar , a website that enables quick and easy access to all the Judiciaries’ websites, their
statistical information, and other important and relevant elements that have to do with their daily activities.
The purpose of this document is, in essence, to improve the access to information about the national and provincial
judicial system, to allow for a better understanding for all the citizens, which strengthens the democratic institutions.
6
THE JUDICIAL SYSTEM1
General Information
Total population: 37,031,8022
Urban population: 33,166,1053
Rural population: 3,865,697
Capital city: Buenos Aires
Capital city population: 3,046,6634
Public sector budget5:
$ 2.500.000.000
$ 2.000.000.000
$ 1.943.480.030
$ 1.500.000.000 $ 1.451.000.000
$ 1.328.000.000
$ 1.231.800.000
$ 1.000.000.000
$ 906.700.000
$ 500.000.000
694.700.000 760.000.000$ 794.227.880
539.600.000
$ 408.700.000
$0
1991 1993 1995 1997 2000
1
Information provided by the Programa Integral de Reforma Judicial (Judicial Reform Program) of the Ministry of Justice and Human Rights.
www.reformajudicial.jus.gov.ar
2
Estimated year 2000, last census 1991. Source: Ministry of Economy, National Institute for Statistics and Census. (INDEC)
3
Source: Ministry of Economy, National Institute for Statistics and Census. (INDEC)
4
Estimated year 2000, last census 1991. It is estimated that during the day, the population of the city grows to aprox. 5,000,000 due to the
movement of people that live in the outskirts of the city but work there. Source: Ministry of Economy, National Institute for Statistics and
Census. (INDEC)
5
1 U$S = 1 peso
6
Federal Government budget. This figure does not include each province’s individual budget. Year 2000
7
This figure includes the Federal Government budget, the budget of each province and the city of Buenos Aires. Year 2000
8
Year 2000. Source: Ministry of Economy
7
Public defenders)
Provincial and City of Buenos Aires Judicial Branches $ 1,943,480,030
Ministry of Justice $ 94,870,365
Federal Penitentiary Service9 $ 239,513,295
TOTAL Judicial System $ 3,072,091,57010
Argentina is a Republic and has adopted the federal form of government 11. The authorities that comprise the Federal
Government reside in the city of Buenos Aires, these include the Executive branch (the President of Argentina), the
Legislative branch (the Congress) and the Judicial branch (the National Judicial Branch or National Court System).
The Argentine Judicial System comprises the National Judicial Branch, the provincial Judiciaries and the City of
Buenos Aires Judicial Branch, the Attorney General’s Office, the Public Defender’s Office, the Ministry of Justice
and Human Rights and the Federal Penitentiary Service. There are other support organizations that collaborate in
this area.
The Ministry of Justice and Human Rights assists the President in all matters related to legal and human rights
counseling, rendering legal advice and opinions, upon request, to the President, as well as in coordinating the State’s
activities in this area, assists in the relationship with the Judiciary and in updating legislation.
Among the services rendered to the community it is within the jurisdiction of the Ministry to participate in:
The cooperation with the National Judicial Branch with an integral judicial reform, which implies giving
technical assistance and technological developments to improve the work done by this branch of government.
The organization and incorporation of associations, corporations and partnerships, the authorization to function
of foundations and associations, and their supervision.
The organization, management and supervision of the registry of property rights, the registry of trademarks and
patents and the registry of criminal records
In judicial matters where human rights and refugees are affected.
The organization, management and supervision of prisons and correctional facilities and their welfare services.
Striving for the necessary improvements to accomplish the social rehabilitation of prison inmates.
The preparation and execution of judicial reform projects assisted by international organizations.
The Ministry of Justice and Human Rights has an important library with a registry of approximately 180,000
volumes, a unique collection of all the legislation records ever published, and extensive collections of national,
provincial and municipal legislation, jurisprudence and doctrine. It also manages a legal information website
(www.jus.gov.ar/minjus/links.htlm) which has been on-line since 1995, one of the pioneers in the area.
9
The Federal Penitentiary Service is charge of the administration of all federal prisons. It is under the jurisdiction of the Ministry of Justice and
Human Rights
10
This figure reflects the country’s total expenditure in Judicial services, because it includes the 25 different and independent judicial branches
that exist in Argentina. The Federal Government budget specified above includes the National Judicial Branch. Year 2000
11
Article 1 of the Constitution
12
www.jus.gov.ar
8
Secretary of Justice and Legislative affairs13
The Secretary of Justice and Legislative affairs works under the Minister of Justice and Human Rights and its major
functions include:
Assisting the Minister of Justice and Human Rights with its links to the National Judicial Branch in matters
dealing with its organization, appointment of Judges and magistrates, in the organization of the Public Ministry
and in the appointment of its employees as determined by law.
Planning and executing actions directed at coordinating the State’s activities in matters of Justice and Human
Rights, through the development of various projects, programs, or any other measure directed at achieving the
objectives set by the Ministry.
Directing studies of international law and common markets as well as coordinate international cooperation
activities, directing studies about the development of alternative dispute resolution mechanisms.
Taking part in extradition proceedings, in cases against employees of the Ministry, or when charges are brought
against members of the Public Ministry.
Participating in judicial reform projects
Drafting and implementing modifications in judicial procedure and criminal legislation
Drafting projects for legislation reform and update.
Evaluating legislation projects drafted in other areas of the Executive Branch in order to advise the Minister on
their feasibility or viability.
Assisting the Minister in overseeing the state of legislation concerning the jurisdiction of the Ministry of Justice
and Human rights passing through Congress.
Conduct studies about rules and principles in legislation drafting.
Assembles the Argentine Juridical Digest which consolidates all current national legislation and its regulations,
the aim of this Digest is the correct application of the law in judicial procedures, avoiding unnecessary efforts
in the search for relevant information
National Office of Alternative Dispute Resolution Methods (Dirección Nacional de Promoción de Métodos Participativos
de Justicia)14
The National Office of Alternative Dispute Resolution Methods works under the jurisdiction the Secretary of Justice
and Legislative affairs. Its main purpose is to mediate those cases in which people’s conflicts are voluntarily
submitted for mediation. It also serves as a training and education institution, whereas mediators from the rest of the
country are trained so they can successfully apply these skills in their hometowns thus extending the effective area
of influence of the ADR system. It gives technical assistance to the provinces with the objective of instating
mediation in the Federal Courts with seat in the rest of the country.
13
www.sejus.jus.gov.ar
14
www.pmp.jus.gov.ar
9
Maintains a registry of all licensed mediators and issues new licenses according to the procedure set in Law No.
24.573. Keeps up-to-date statistical records of all cases mediated and types of settlements reached.
Judicial Reform15
The “Programa Integral de Reforma Judicial” or Integral Judicial Reform Program functions within the jurisdiction
of the Secretary of Justice and Legislative affairs. This Program is aimed at elaborating judicial reform initiatives
and coordinating existing ones for all the Argentine Judicial System; it does not limit itself to the National Judicial
Branch, but rather its goal is to work in conjunction with those involved in the system all over the country. It’s
actions are focused in seven areas of interest:
1. access to justice
2. court management and organization
3. judicial training and education
4. administrative reforms
5. legislative reforms
6. Infrastructure (technology & buildings)
7. creation of consensus
These areas reflect the different aspects of the judicial system that need to be reviewed and reformed, to that end,
several reform projects have been formulated and are currently in various stages of execution. This program
maintains a very close working relationship with various civil organizations dedicated to the improvement and
modernization of the Judiciary, such as ARGENJUS16 which is a consortium of the most important and prominent
NGO’s in this particular sector. These types of relationship have a significant influence in building consensus in
society and help raise the level of awareness about the current situation in the system and the need of a
comprehensive reform.
The “Junta Federal de Cortes y Superiores Tribunales de Justicia de las Provincias Argentinas” or The Federal
Board of Supreme Courts of Justice of the Argentine Provinces also plays an important role in the judicial reform
started by the Ministry. This organization congregates the majority of the Supreme Courts of the Argentine
provinces which form a unified front with common objectives and goals for the future. They help coordinate
projects between the Judicial Reform Program and the provincial judiciaries in order to bring about the judicial
reform of all the judicial systems in the country.
Thanks to this collaboration, two agreements between the majority of the Judicial Branches and Public Ministries of
the country have been signed. They are: The Interjurisdictional Electronic Communications Agreement and the
Information System for the Argentine Judiciary Agreement. These agreements constitute an historic event in the
modernization of the judicial system, they will bring many benefits, among them, they shall speed up
communications between different judiciaries through the use of e-mail and digital signature, and they will permit a
great improvement in the generation of statistical information so that it can then be better employed by the courts.
One of the first by-products of these agreements was the inauguration of the Argentine Justice Portal
www.justiciaargentina.gov.ar . Through this website people can access in a fast and simple way the websites of all
15
www.reformajudicial.jus.gov.ar
16
www.argenjus.org.ar
10
Judicial Branches and Public Ministries of the country. Thanks to the agreements the domain names of these
websites were changed to follow a uniform standard making them easier to type and remember. 17
Support Program for the Judicial System Reform – BID Loan OC-AR 1082
The purpose of this Program is to support the judicial system reform process through the financing of projects that
will contribute to the development of an efficient and accessible judicial system, that is more reliable and
independent.
The agreement between Argentina and the Banco Interamericano de Desarrollo (BID) was signed in February 18 th
1998.
Essential goals of the Program
Create a system to register and control cases through the internet.
Increase the number of judicial actions started by the Attorney General’s Office.
Suggest modifications to the mandatory pretrial mediation system.
Increase the offer of public legal counseling.
Create a strategic annual document on Crime Prevention for its distribution.
Description of the Program
For the achievement of the purposes and goals the Program has supported projects grouped in these three
subprograms or areas:
Judicial protection
Support to the design and execution of crime prevention and access to justice policies.
Provincial judiciaries and legislation.
Judicial protection
This subprogram includes two components:
The strengthening of the Procuracion del Tesoro de la Nacion through the development of an integrated judicial
services management system and a new information system.
The strengthening of the Attorney General’s Office through legal modifications, improvements to the financial
and administrative management system and the human resources department, the development of new
information systems and education.
Support to the design and execution of crime prevention and access to justice policies
This subprogram includes four components:
Development of mediation as an alternative dispute resolution method
Improvement in access to justice for the underprivileged, through the institutional and technical development of
the Public Defender’s Office, the creation and implementation of new information systems and training for the
professional and administrative personnel.
Strengthening of the necessary information systems for the design and execution of crime prevention programs
and policies through the development of the technical capabilities of the National Crime Policy Agency, the
support to the design and implementation of information systems for crime prevention. Surveys on
17
The Domain Names consist of the prefix “jus” and the name of the jurisdiction. For example the Judicial Branch of the Province of Cordoba is
www.juscordoba.gov.ar
11
victimization shall be conducted in order to determine the extent of unreported crimes and to contribute to
policy making.
Incorporation of technology for the penitentiary service through the development of information systems that
allows the full observance of inmates’ rights, and control of prison terms.
Provincial judiciary and legislation
This subprogram includes:
The modernization of the provincial judicial administration, will be developed by the Junta Federal de Cortes y
Superiores Tribunales de Justicia de las Provincias Argentinas (Juntas). Its execution will include the creation of the
Instituto para el Mejoramiento de la Justicia Provincial (Institute for the Improvement of Judicial System)
These focus areas can be summarized in the fundamental objective followed by this office: to bring about the reform
of the Federal Penitentiary Service and the integration and coordination with other penitentiary services around the
country.
18
www.jus.gov.ar/minjus/spcyal/default.htm
12
Undersecretary of Human Rights19
Anti-Corruption Office20
The Anti-Corruption Office encourages austerity in all government offices. Controls the formation of monopolies in
public expenditures, avoids the creation of “cartels” that damage the State. It’s most visible and fundamental
function is to investigate cases of corruption in the government and present them to the proper authorities. Keeps
records of sworn affidavits of the assets and properties, and past employment of all public officials in order to avoid
compatibility and conflict of interest issues or to detect possible cases of wrongdoing and corruption.
19
www.derhuman.jus.gov.ar
20
www.jus.gov.ar/minjus/oac/oa.htm
13
in that area, its relations with the Judicial Branch, and to
bring up to date the legislation.
Develops and executes plans, programs and policies
related to the defense of human rights and the fight
against corruption in the Public Sector. Is responsible for
the organization, administration and supervision of
federal penal institutions and correctional facilities.
Organizes and executes Judicial Reform projects in
conjunction with international institutions.
Size (# employees) Ministry of Justice and Human Rights: 1,498
Federal Penitentiary Service: 8,120
Total: 9,618
Head Ministro de Justicia y Derechos Humanos
Appointment of head, chief or principal Appointed by the President of Argentina
Further information about the Provincial judiciaries can be accessed at the following web addresses:
www.jusbuenosaires.gov.ar Provincia de Buenos Aires
www.juscatamarca.gov.ar Provincia de Catamarca
www.justiciachaco.gov.ar Provincia de Chaco
www.juschubut.gov.ar Provincia de Chubut
www.justiciacordoba.gov.ar Provincia de Córdoba
www.juscorrientes.gov.ar Provincia de Corrientes
www.jusentrerios.gov.ar Provincia de Entre Ríos
www.jusformosa.gov.ar Provincia de Formosa
www.justiciajujuy.gov.ar Provincia de Jujuy
www.juslapampa.gov.ar Provincia de La Pampa
www.juslarioja.gov.ar Provincia de La Rioja
www.jusmendoza.gov.ar Provincia de Mendoza
www.justiciamisiones.gov.ar Provincia de Misiones
www.jusneuquen.gov.ar Provincia de Neuquén
www.jusrionegro.gov.ar Provincia de Río Negro
21
The Argentine Constitution was reformed in 1994 whereupon the city of Buenos Aires (Capital city of the country and seat of the Federal
Government) acquired a new legal status equal to a province.
22
The courts of the National Judicial Branch that are located in the city of Buenos Aires have jurisdiction over almost every judicial matter but
there is a project to transfer these courts to the city’s judicial branch. This project has met some serious resistance from the judges, who refuse to
be transferred
23
Source: Judicial Reform Program, Information: Supreme Court, Ministry of Economy
14
www.justiciasalta.gov.ar Provincia de Salta
www.jussanjuan.gov.ar Provincia de San Juan
www.justiciasanluis.gov.ar Provincia de San Luis
www.jussantacruz.gov.ar Provincia de Santa Cruz
www.justiciasantafe.gov.ar Provincia de Santa Fe
www.jussantiago.gov.ar Provincia de Santiago del Estero
www.justierradelfuego.gov.ar Provincia de Tierra del Fuego
www.justucuman.gov.ar Provincia de Tucumán
www.jusbaires.gov.ar Ciudad Autónoma de Buenos Aires
There are separate and different “Fueros” in the National Judicial Branch, each one of them is headed by the
appellate court of its particular subject or matter, which have oversight and superintendency functions over the first
instance courts of the same “fuero”. These “fueros” or matters are further divided into Ordinary and Federal
jurisdictions. The Ordinary jurisdiction handles the common judicial matters in the City of Buenos Aires, this
jurisdiction comprises the following subjects: Criminal, Civil, Commerce and Labor courts. The Federal Jurisdiction
is also divided in different “fueros” or according to the subject or matter. There are Federal Courts which have a
seat in the City of Buenos Aires and Federal Courts located in the rest of the country. The following Federal courts
are situated in the City of Buenos Aires: the Federal Criminal Courts, the Federal Civil and Commerce Courts, the
Federal Administrative Courts, the Social Security Courts and the Economic Criminal Courts. The Federal Courts
located around the country can hear cases on multiple subjects and are not differentiated by subject matter as is the
case in Buenos Aires.
All the judges hold their office during good behavior, but they have to retire at age 75.
The Supreme Court of Argentina is the highest court in the country, it is comprised of 9 members, which are: the
chief justice or president of the supreme court and 8 associate judges. The Supreme Court exercises its jurisdiction
through appeals in all matters regulated by the Constitution and in the laws passed by the Congress 25, buy has
original and exclusive jurisdiction in cases where ambassadors, ministers and consuls are involved, and where
provinces are party26. As the highest court, the Supreme Court is also the governing body of the Judicial branch, but
the Magistrate Council is in charge of the administration of the Judicial branch and the selection of judges.
The Magistrate Council is in charge of the administration of the National Judicial Branch and the selection of
judges, it also has authority to take disciplinary action against judges, to start removal procedures of judges and
accuse them before the Jury of Prosecution, to dictate the necessary regulations for the organization of the Judiciary
and to insure the judge’s independence and the provision of an efficient service. It is also in charge of organizing a
Judicial School and other functions set by the Constitution and the law.
24
www.pjn.gov.ar
25
Constitution, article 117
26
Constitution, article 116
15
The Magistrate Council is comprised of twenty members or councilmen:
a. the chief justice of the Supreme Court
b. four judges
c. eight legislators (four senators, four representatives)
d. four lawyers
e. one member from the Executive Branch
f. two members from the academic and scientific field
They have a four year term with the possibility of reelection for one additional term.
The removal of judges is handled by the Jury of Prosecution which comprises nine members:
a. three judges (one Supreme Court Justice and two Appeals Courts judges)
b. three legislators (two from the senate, one from the house of representatives)
c. three lawyers
This Jury has the capacity to prosecute the first instance and appellate court judges, following the procedure
established in article 115 of the Constitution. The proceedings are public and oral. It is formed every four years
when Congress enters its regular sessions.
Its decision cannot be appealed having the effect of removing the judge from the bench; but the convicted party can
be subject to prosecution, judgment and conviction before ordinary courts according to the law.
The Attorney General’s Office is headed by the Attorney General who has a double mission. On one side he is the
prosecutor before the Supreme Court and is involved in all the judicial matters that said Court handles, issuing his
opinion in the cases that are brought before him. On the other he is the head or chief of all prosecutors, and as such
he coordinates their performance, establishing the state’s policies for crime.
The Attorney General has one of the essential missions carried out by the State, which is the prosecution of those
who have committed crimes before the courts, and to act in defense of legality, the constitutional supremacy and the
27
www.mpf.gov.ar
16
general interests of society before the courts. This is clearly stated in article 5 of the Criminal Procedure Code
(Código Procesal Penal de la Nación)
The role of the prosecutors is to interpose before the judges, through all the stages of judicial proceedings, those
legal measures deemed necessary to uphold and guarantee the full observance of those laws that concern the public
order.
The Public Defender’s Office is also an independent institution within the government, and was created by the
Constitution (article 120) which also regulates its functions.
The mission of the Public Defender’s Office is to act in defense of legality and the general interests of society. It
shall promote or intervene in any case or judicial matter, and require all the necessary measures to protect the
wellbeing and goods of minors and incapable or legally disqualified individuals, in accordance to the law, whenever
they should lack proper legal assistance or representation; when is necessary to replace or substitute the inaction or
inactivity of their legal assistants, representatives, parents, relatives or those in charge of the minor or incapable
individual; to oversee the actions of the aforementioned people.
Its essential function is to carry out the State’s responsibility to ensure proper legal assistance to all citizens
involved in criminal proceedings, as well as the representation of minors and legally disabled individuals.
The public defenders shall:
represent and defend the public interest in all the cases and matters that are required by law.
Promote the civil action in such cases set by law
Intervene in marriage annulments, divorce proceedings, filiation proceedings, and in all cases having to do with
the legal status of people, their name, declarations of poverty.
Defend the rights of people when it is required in criminal cases or in other matters when the defendants have
no means or are absent.
Defend and uphold the human rights in prisons, courts, police precincts and psychiatric institutions, in order to
guarantee that inmates, or those who are put in these institutions are treated with respect, are not subject to
torture, inhuman or degrading treatment, and have access to immediate medical and legal assistance.
Intervene in all judicial proceedings whereupon argentine citizenship is applied for.
The Public Defender’s Office is headed by the National Public Defender, who is also public defender before the
Supreme Court. The Public Defender’s Office shall assure that in all instances and judicial proceedings in which the
public and official defense is exercised, the parties with opposing interests involved shall have proper assistance,
and when the nature of the case so requires it shall designate several public defenders. The National Public
Defender coordinates the action of all the public defenders, he also dictates the general regulations and mandates
necessary to establish an adequate distribution of functions and work among the defenders and lastly, he oversees
and monitors their performance.
17
Functional organization of the Judicial system
Name of Entity Poder Judicial de la Nación (National Judicial Branch or National Court
System)
Functions The role of the judiciary is to decide cases and controversies between adversarial
parties, including the government.
Size (# employees) 18,5282829
Head or Governing Body Supreme Court
Appointment of head, chief or Judges of the Supreme Court are selected by the President of Argentina and then
principal they are confirmed by the Senate. The President of the Supreme Court is elected
by the other members in a ballot.
28
Source: Supreme Court
29
Total employees (including judges, clerks, administrative staff, etc.) in 2000
30
Source: Ministry of Economy, Annual Budget
31
These employees are included in the National Judicial Branch description. See 11
32
Source: Ministry of Economy
18
PUBLIC MINISTRY
Name of Entity Defensoría General de la Nación (Public Defender’s Office)
Functions In charge of representing and defending the poor, juveniles, and absents;
providing the public defense and any legal assistance required, not only to people
with little or no income but also to those who refuse to designate an attorney,
whereupon the Federal Government has the obligation to guarantee their right to
have a proper defense.
Size (# employees) 872
Head Defensor General de la Nación
Appointment of head, chief or Appointed by the President of Argentina and confirmed by the Senate
principal
Quantitative Information
This information has been processed and analyzed by the Judicial Reform Program, further information can be
accessed at: www.reformajudicial.jus.gov.ar
10.000
8.000
6.000
4.607
4.235
4.000 3.108
2.853
2.000
872 810
0
Magistrates Officers - Clerks Administrative Services -
Maintenance
1996 1997 1998 1999 2000
33
Source: Supreme Court – Year 2000
19
Total 18,528
The following information was provided by the Supreme Court and the Ministry of Economy
Supreme Court
Judges 9
Officers/Clerks 192
Support personnel* 193
Other personnel
The information specified below refers only to courts of the National Judicial Branch that have seat in the city of
Buenos Aires. The numbers below
34
This information includes the Juvenile Criminal Courts.
20
First Instance judges 8
Officers/Clerks 52
Support personnel* 130
Other personnel 57
* Support personnel perform jurisdictional and administrative tasks aiding judges, clerks and officers.
Judicial Career
Both the “Organic Law of the National Judicial Branch” and the “National Justice Decree” regulate the organization
of the National Judicial Branch35. The Judicial career is regulated by the Supreme Court, the Magistrate Council and
35
The provinces have different regulations but those differences are not substantial.
21
the different Appeals Courts. The Judicial Career is not fully regulated in the National Judicial Branch. It extends
from the entry into the system up to the rank of “prosecretario” (deputy clerk). Promotions are handled by the
different Appeals courts, the nominees being chosen by the judges. The nominations are made according to a
ranking prepared by the Appeals Courts, these rankings take into account grades obtained in promotion exams and
years of service. Clerks are designated by the Appeals Courts and the nominee, who must meet certain requirements
is also chosen by the judge.
The Judges have no judicial career, the selection process is handled by the Magistrate Council by means of an
examination. This procedure applies to first instance judges and to appellate courts judges. Once confirmed by the
Senate, the judges have a lifetime term, or during good behavior. Therefore the judicial career is only applicable to
officers and clerks and all the ranks below them. The Appeal Courts are in charge of further regulating and applying
the judicial careers of the clerks and employees in these and the lower courts.
Judges are appointed by the President and are confirmed by the Senate. Judges of the same category, shall be paid
equally. They cannot be removed as long as the have good behavior. The requirements for appointment to the
Supreme Court are: argentine citizenship, law degree from a national university, 8 years of practice and be 30 years
old. The requirements for appointment to a first instance judgeship are: argentine citizenship, law degree, 4 years of
practice and be 25 years old.
The President of Argentina appoints the judges to the Supreme Court and they are confirmed by the Senate.
Budget Information36
National Judicial Branch (Includes Prosecutors and Public $ 794,227,880
defenders)
Provincial and City of Buenos Aires Judicial Branches $ 1,943,480,030
Total Judicial System (without Ministry of Justice) $ 2,737,707,910
“ / 100.000 inhabitants $ 7,392,856
% of Public Sector Consolidated budget 3.148 %
% allocated to salaries 87,47%37
Source: Judicial Reform Program, and the Supreme Court
$ 600.000.000
$ 500.000.000
$ 400.000.000
$ 300.000.000
$ 200.000.000
$ 100.513.004
$ 100.000.000
$ 47.633.000
$0
90
91
92
93
94
95
96
97
98
99
00
01
19
19
19
19
19
19
19
19
19
19
20
20
36
For the year 2000 Nat. Judicial Branch Att. General's Office
Public Defender's Office
37
This figure is for the National Judicial Branch, in other jurisdictions (i.e. other provinces) this proportion varies slightly. For example in the
province of Santa Fe, 98% of the budget is destined to personnel.
22
Auto-financing Methods of the Judicial branch
In 1990 The Law of Autarchy38 (Economic self-sufficiency) gave the Supreme Court power to have at it’s disposal
the National Court System’s assets and also to regulate the way those assets are collected and managed. After its
reform in 1994 the Constitution gave the Magistrate Council the authority to manage those assets and to execute the
budget of National Court System. The aforementioned law affects certain funds to finance the courts. Part of these
funds come from the National Treasury and the rest come from other specific sources of income. These specific
sources are of different kinds:
1. Collection of the Judicial Fee 39 which has to be paid in order to file suit. The Judicial Fee contributes
$101,572,00040 to the National Court system’s budget.
2. Sale or rental of goods and real estate, property of the National Judicial Branch or sequestered goods from
criminal procedures that have been confiscated or else cannot be reinstated to their legitimate owners.
3. Interests from investments and money deposits in financial institutions ordered by the courts with funds of the
parties in a trial.
4. Collection of monetary fines and other funds originated during the course of court procedures.
5. Donations and funds obtained through investments and any other source.
The last four items mentioned above represent a total of $13,340,00041 in the National Court system’s budget.
Work load42
600.000
500.000
400.000
300.000
200.000
100.000
0
1993 1994 1995 1996 1997 1998 1999 2000
The following information refers only to courts of the first instance that have a seat in the city of Buenos Aires.
Civil cases
The first instance Civil courts hear all controversies within civil laws that have not been attributed to other courts.
38
Law No. 23853
39
Regulated by Law No. 23898
40
Source: Ministry of Economy year 2000
41
Source: Ministry of Economy Year 2000
42
Source: Supreme Court, Annual Report, 1998, 1999, 2000
23
1998 1999 2000
Cases started 96,485 86,440 80,380
Cases solved with judgement or similar ruling 35,581 42,547 35,618
Cases terminated without sentence 31,323 29,514 24,787
Total cases decided 66,904 72,061 60,869
Paralyzed 4,198 13,216 10,947
Pending 463,309 452,550 478,973
Labor cases
The jurisdiction of Labor Courts is to hear cases that originate from employment contracts and their terms, worker’s
unions, cases between employers and employees, labor disputes, dismissals and compensations, workplace
accidents, etc.
24
Pending 48,127 37,022 32,245
43
Contracts in which the State is party
25
Workload Distribution - Cases started - Civil &
related matters - National Judicial Branch - 2000
Civil Commerce
28% 40%
Social Security
13%
Labour
Administrative 5%
Federal Civil &
11%
Commerce
3%
Criminal Cases
100.000 92.290
80.000
60.000
40.000
14.591
20.000 9.043
5.695
0
1993 1994 1995 1996 1997 1998 1999
Juvenile cases
26
Juvenile Courts hear criminal cases where minors under the age of 18 are involved. Crimes that are sanctioned with
prison terms of up to 3 years shall be tried by these courts when they are committed by juveniles.
1998 1999 2000
Cases started 11,867 9,043 7,652
Cases dismissed 1,310 1,553 1,684
Cases decided 1 2 2
Total cases solved 11,912 9,222 8,001
Pending cases 2,392 2,255 1,993
“Correccional” cases
“Correccional” judges investigate and decide over cases involving crimes sanctioned with less than 3 years of
imprisonment and cases not sanctioned with prison terms of their specific jurisdiction.
Other information
Also in 1996 by virtue of Law Nº24,635, mandatory conciliation was introduced for all labor cases. The Ministry of
Labor through the Mandatory Labor Conciliation Service (SECLO – Servicio de conciliación obligatoria) is the
agency in charge of enforcing this law. The service started in 1997. The law states that if the conciliation fails, the
conciliator may propose that both parties submit themselves to arbitration, but this is rarely used.
Although there are some differences between the systems described above, they are both based on the same
philosophy of negotiation, use of registered mediators and regulated fees.
Presented mediations
1996 1997 199845 1999
Civil cases 24,455 36,916 26,324 14,211
Commerce law cases 9,964 13,130 9,493 5,272
Mediated cases
44
Source: Ministry of Justice and Human Rights
45
Private mediation began in 1998. This is reflected in the drop of presented mediations because private mediations are not accounted for.
28
Mandatory Labor Conciliation Service information46:
Cases filed Total Cases solved With Agreement Without agreement
Lawyers
Number of Bar Associations: There are 76 Bar Associations in Argentina
Number of Lawyers registered in Bar Associations: There 64,000 lawyers according to the Argentine
Federation of Bar Associations (FACA – Federación Argentina de Colegios de Abogados) that groups all the Bar
Associations except The Public Bar Association of the Federal Capital (CPACF – Colegio Público de Abogados de
la Capital Federal). And 64,438 registered lawyers in the CPACF, which is the largest Bar Association in
Argentina, and is located in the city of Buenos Aires. This means a total of approximately 128,000 lawyers. 47
Law Schools: There are 34 law schools in Argentina: 20 private institutions and 14 public institutions.
Enrolled students: 151.21848
Graduated students: 101.18149
Average years of study to obtain a law degree: 5 years
46
Source: Ministry of Labor
47
This number is probably lower due to the fact that many lawyers are registered in more than one Bar Association.
48
Source: Ministry of Education. State universities (does not include private universities). However, there is a high level of desertion. 1998
49
Source: Ministry of Education. State universities (does not include private universities). 1998
29
Appendix
Ministry of Justice and Human Rights (Ministerio de Justicia y Derechos Humanos) – www.jus.gov.ar
Sarmiento 329
Telephone: (54-11) 4328-3015/3016
Secretary of Justice and Legislative Affairs (Secretaría de Justicia y Asuntos Legislativos) www.sejus.jus.gov.ar
Sarmiento 329 – 7th floor (cfte.)Telephone: (54-11) 4328-8340 / Fax 4328-8056 Int. 2753/4/5/6
National Office of Alternative Dispute Resolution Methods (Dirección Nacional de Promoción de Métodos
Participativos de Justicia) www.pmp.jus.gov.ar
Sarmiento 329 – 1st y 2nd Floors (Annex)
Telephone: (54-11) 4322-0961/0953 Fax 4322-0944
30