The Kirchnerist senator, Martín Doñate, criticized the Minister of Justice, Mariano Cúneo Libarona, for his decision to appoint Ariel Lijo and Manuel García-Mansilla by decree to fill vacancies in the Supreme Court of Justice of the Nation. Doñate highlighted that the National Constitution establishes specific procedures for appointing members of the state powers.
According to Doñate, the Executive and Legislative branches are elected directly by the people, while members of the Judicial branch, including the Supreme Court, are appointed according to the procedures established in the Constitution. He criticized Cúneo Libarona for invoking a clause that refers to positions in the Executive Branch that require Senate approval to justify his appointments.
The senator emphasized the importance of distinguishing between the State and the Government, arguing that confusing members of the Judicial branch with employees of the Executive branch reveals a lack of understanding of the National Constitution. He warned against the danger of interpreting the Constitution in a forced manner, arguing that it could lead to considering that even legislators are employees of the Executive branch.
In this context, Doñate emphasized that the State is composed of three independent branches and criticized the government's interpretation that rejects the literal meaning of the Constitution. Finally, the senator concluded that the Minister of Justice's decision to appoint members of the Supreme Court by decree represents a violation of the established constitutional procedures.
