Argentinian Supreme Court against the payment of income tax
Argentina’s Supreme Court is on high alert after the 2023 budget bill sent to Congress includes a provision that magistrates and judiciary clerks would pay income taxes, from which they are exempt on arguable constitutional grounds.
The move is seen as executive interference in the judiciary, it has been reported. This would also be in line with initiatives by Frente de Todos lawmakers to reform the Supreme Court and expand it to 15 members out of the current 5, although there is one vacancy.
The judges also noted that changes to the pension system have prompted “multiple resignations”. Some judges critical of the government argue that this change was intended to generate an exodus of magistrates to fill these spaces with people of their choice.
According to courthouse sources, the passage of the bill “will be immediately judicialised”. But since all judges are equally concerned, substitute magistrates should be appointed.
The Association of Judges and National Justice Officials also rejected the initiative, which opposes judges, prosecutors and justice officials who pay income tax, like any other high-income worker. . The association said in a statement that it was against “a clause which intends – once again – to violate the constitutional clause which protects the salaries of the judiciary and public ministries”.
The Constitution provides for the “intangibility” of magistrates’ salaries, but tax exemption for judges stems from a decision of the Supreme Court.
The Association of Federal Judges (Ajufe) pointed out that the project generates “rejection and concern” because “it” affects the salaries of judges throughout the country”.