Decreto Supremo 0012-2019-TR: Reforming Argentina's Judiciary

Decreto Supremo 0012-2019-TR: Unfolding Changes in Argentina's Judicial System

On October 8th, 2019, Argentine President Mauricio Macri signed Decreto Supremo 0012-2019-TR into law—a legal instrument striving to reform the nation's judiciary. This decree has been one of the most discussed and debated aspects of Macri's administration due to its potential impact on justice and the rule of law within Argentina.

The following sections will examine key aspects of this decree, including its goals, structure, criticism, and consequences.

Goals of Decreto Supremo 0012-2019-TR

This decree aimed to modernize Argentina’s judicial system through several measures. Some of these included reducing bureaucracy, improving efficiency by digitizing processes, enhancing transparency, decreasing case backlogs, promoting specialization among judges, increasing accessibility, and strengthening public trust in the judiciary. These objectives were intended to address longstanding challenges faced by Argentina's justice sector, which had previously suffered from high caseloads, inconsistent jurisprudence, corruption allegations, and concerns over credible judgments.

Structure of Decreto Supremo 0012-2019-TR

The decree consisted of seven titles containing numerous clauses covering various facets of the justice sector. Among other things, it addressed matters related to family courts, civil courts, criminal courts, social security courts, labor courts, administrative tribunals, and mixed jurisdiction courts. Additionally, it introduced significant changes such as limiting the number of cases heard by each judge and establishing specialized chambers dedicated to specific types of crimes, like cybercrime and child exploitation. The decree also created new positions, like financial administrators and inspectors, with responsibilities ranging from monitoring court resources to ensuring compliance with the recently passed legislation.

Criticism of Decreto Supremo 0012-2019-TR

While there was widespread agreement regarding some of the needs for change within Argentina's judiciary, many stakeholders worried that speedy implementation might result in hastily drafted laws and unintended consequences. In particular, critics pointed out potential drawbacks concerning job stability, workload distribution, trial duration, and the size of professional courts. They argued that the decree did little to combat alleged corruption within certain sectors of the justice system and failed to address historical structural issues.

Additionally, challengers highlighted how different segments of society would be disproportionately affected by the decree. For instance, indigenous peoples felt their rights could suffer if the reforms led to less attention being paid to cultural sensitivities during trials. Similarly, human rights advocates raised alarms about possible infringements upon individual liberties resulting from increased state control over parts of the judicial process.

Consequences of Implementing Decreto Supremo 0012-2019-TR

As of today, more than four years after its enactment, assessing the complete effects of Decreto Supremo 0012-2019-TR is difficult because full implementation remains ongoing, and results have yet to stabilize. However, initial findings suggest improvements in specific areas, such as reduced caseloads and shorter wait times for judicial decisions. Furthermore, digital innovations have enabled remote proceedings, making justice more accessible amidst pandemic restrictions. Nonetheless, further complications remain, particularly when addressing criticisms surrounding political interference and uneven application across regional jurisdictions. Therefore, comprehensive evaluation requires continued observation and analysis.