The Federal Appeals Court in Criminal and Correctional Matters of the Capital decided to grant an extraordinary license to federal judge Ariel Lijo so that he can assume a position in the Supreme Court on a provisional basis, without needing to resign from his current position. This measure was supported by the six judges of the court, who signed the agreement.
The debate centered around whether Lijo should resign as a federal judge to take a position in the Court or whether a license would suffice. According to information, the court itself has a precedent supporting the position that Lijo could only assume his position in the Court if he resigned as a federal judge, unless the Senate approved his appointment as a permanent judge.
Although there were initial discussions on whether the judges had the authority to grant this extraordinary license, they ultimately decided to grant it to Lijo. The judge wishes to take an oath as a minister of the Supreme Court while maintaining his current position, an appointment made by Milei to fill a vacancy in the court until the end of the legislative sessions.
The Supreme Court will have to evaluate this request, as Lijo's acceptance of a provisional position would mean ending his previous status as a federal judge, according to sources from the court. This case contrasts with usual practice, where the Court grants ordinary licenses and the Chamber grants extraordinary ones.
Lijo's appointment in a provisional capacity as a minister of the Court will last until the closure of the legislative sessions, as established by the National Constitution. The resolution of the Federal Chamber has been sent to the Supreme Court for its consideration.
