The Center for Legal and Social Studies (CELS) criticized the appointment of judges Ariel Lijo and Manuel García-Mansilla to the Supreme Court made by decree of the National Government, labeling it as unconstitutional and undemocratic. Paula Litvachky, executive director of CELS, emphasized that this action reflects a clear political intent on the part of the Government by taking advantage of an incorrect interpretation of the Constitution to push forward that decision.
The appointment of judges on a provisional basis for one year means, according to Litvachky, that they will be subject to the position of the National Executive Power and the Senate to maintain their posts, which goes against judicial independence and the stability needed to avoid external pressures. For CELS, the Government has overstepped one of the powers of the State, imposing its candidates without considering how this undermines the legitimacy of the judges and calls into question their independence and objectivity in resolving specific cases.
Moreover, the lack of diversity would be another point to consider, as the Supreme Court would be composed solely of men if Lijo and García-Mansilla assume their positions, making it the only body of this type in all of Latin America without female presence. Litvachky mentions the clear political dimension of the situation, where the Government seeks to govern without generating institutional consensus, as required to appoint judges to the Supreme Court.
In relation to the procedures established in the Constitution, Litvachky highlighted that a two-thirds agreement from the National Senate is needed to appoint magistrates, emphasizing that the Executive Power's attempt to circumvent this requirement reflects a limited view of the Senate's function and raises issues from a democratic standpoint. The CELS director suggested that the reaction of the political system and the Judiciary will determine whether the appointment is consolidated or rejected, preventing the Government from carrying it out.
Ultimately, Litvachky stressed that this action must be understood within the broader context of Executive practices, implementing policies by decree, delegated powers, or legislative reinterpretations, which questions the effectiveness of established democratic mechanisms.
