In recent weeks, the government of President Javier Milei has implemented a series of strategic decisions and maneuvers that have significantly altered the relationship between the Executive and Judicial branches in Argentina, generating institutional tensions and strong concern among magistrates, political sectors, and analysts, in a context marked by the presentation of an ambitious labor reform and the ANDIS judicial scandal.
The trigger for this dynamic was the leak of audio recordings attributed to Diego Spagnuolo, former director of the National Disability Agency (ANDIS) and a lawyer close to Milei, linking him to alleged bribes in medication contracts that mentioned Karina Milei, the president's sister.
The initiative, which also proposes structural changes to compensation rules and other aspects of labor law, has already sparked protest marches from trade union centers like the CGT and criticism from the parliamentary opposition.
In this tense context, various judicial actors remain on institutional alert, and the reconfiguration of spaces like the Council of the Magistrature is seen as a key tool in the government's strategy to face potential legal obstacles to its policies.
In response to the audio leak, which had an immediate political impact and placed the Secretary General of the Presidency, Karina Milei, at the center of a judicial and media showdown, the government responded with legal actions to restrict the circulation of more recordings, arguing it was a disinformation and political operation.
Beyond the media crisis management, the government executed a far-reaching political move by securing a seat for the Córdoba deputy Gonzalo Roca, from La Libertad Avanza, in the National Council of the Magistrature, displacing the Civic Radical Union (UCR) from the space it held by parliamentary agreement.
This move consolidates the influence of Karina Milei and the ruling coalition within the body responsible for selecting, evaluating, and eventually sanctioning judges, a key "institutional kitchen" for the future of the Argentine judicial system. The presence of two representatives aligned with the Executive in the Council—Roca and Sebastián Amerio, Undersecretary of Justice and liaison with the Judicial Branch—seeks to give the government greater control over decisions affecting both the appointment of magistrates and the opening of political trials against judges for "malfeasance".
Meanwhile, the opposition warns that the combination of legislative and judicial maneuvers could undermine the tradition of judicial independence, while the ruling coalition maintains it faces corporate resistance that obstructs deep reforms in the country.
The case, which also involves Spagnuolo, includes charges of fraud, bribery, and incompatible management, and has expanded its focus beyond ANDIS to other figures and state contracts.
The political impact of the audio leak was immediate, placing the Secretary General of the Presidency, Karina Milei, at the center of a judicial and media battle. These recordings, part of the ongoing criminal investigation, were widely discussed in federal courts, where Spagnuolo denied the charges in a hearing before Judge Sebastián Casanello, without going into details about the accusations.
Included in the bill, sent to the upper house on December 11, are articles that directly target the functioning of the National Labor Court, proposing that labor judges align their rulings with Supreme Court precedents and establishing that the jurisdiction of this court will be temporary until an agreement is reached to transfer competencies to the City of Buenos Aires, with its subsequent gradual dissolution.
The Association of Magistrates and Officials of the National Justice and labor judge groups have publicly opposed it, warning that these articles violate judicial independence and threaten to "annihilate" or "dismantle" the jurisdiction, and expressed their categorical rejection of the changes, particularly the so-called Article 91, which would facilitate the transfer of national courts to the Porteño sphere.
The official proposal also has political backing from sectors demanding more flexibility for companies and a reduction in the supposed "industry of labor lawsuits," support that adds to the Executive's pressure to advance the reform before the end of the year.
