Politics Country February 27, 2025

Appointment of judges to the Supreme Court by decree

The Argentine government appointed Ariel Lijo and Manuel García-Mansilla as Supreme Court judges by decree, generating criticism regarding their legality and political context.


Appointment of judges to the Supreme Court by decree

The government officially announced the appointment of Ariel Lijo and Manuel García-Mansilla as judges of the Supreme Court of Justice through a decree published in the Official Bulletin. This decision was made after a year of proposals in March 2024, when no agreement was reached in the Senate.

Juan Carlos Maqueda expressed his discontent with this appointment, calling it "horrible." Through Decree 137/2025, signed by the President and the Minister of Justice, the government justified the measure by appealing to Article 99, clause 19 of the National Constitution. However, Maqueda argued that this procedure can be legally challenged and received criticism from President Javier Milei.

The government defended its action by stating that Congress evaded respecting its decision on the appointments. With this appointment, the two vacant positions in the Supreme Court caused by the retirement of two judges, Elena Highton de Nolasco and Juan Carlos Maqueda, will be filled, ensuring a complete court of five members.

Ariel Lijo and Manuel García-Mansilla were previously proposed by Javier Milei last year, but did not receive the necessary votes in the Upper House. The government extensively explained the reasons for these appointments, resorting to the "in commission" appointment mechanism to fill the positions until the end of this year's regular sessions.

In light of this situation, Maqueda urged a debate on the legality of the decree appointment, noting that it is on the brink of unconstitutionality.