Argentine President Javier Milei has announced that he will appoint two judges to the Supreme Court of Justice, a decision that can be reversed by the Senate. This move comes after the Senate’s prolonged silence on the matter, despite Milei nominating the candidates, Manuel García Mansilla and Ariel Lijo, in May 2024. The Supreme Court currently has only three of the five necessary judges, following the departure of two members in 2021 and 2024.
The Government has justified the decision to appoint these “commission” judges, or interim judges, by stating that the upper house “chose to remain silent” on the nominations. According to the presidency, the objective of this decree is to “normalize the operation of the highest court.” The appointments of Lijo and García Mansilla have been met with resistance from various sectors, including the Peronist opposition and other congressional groups that typically support the government’s proposals.
Reactions to the Decree
The decree, which will be published in the Official Gazette of the Argentine Republic, has been criticized by opposition leaders and constitutional experts. Andrés Gil Romero, a constitutional lawyer, has stated that the appointed judges are “de facto” and should be treated as such. He believes that once the ordinary sessions of Congress begin on March 1, the Senate will reject this designation. Gil Romero argues that the appointment is “null of absolute nullity” and “unconstitutional” because the mechanism used is exceptional.
Constitutional Background
The government has used an article of the Constitution that enables the appointment of charges that must be approved by the upper house until the next legislature, which begins in March 2026. This move is not without precedent, as former President Mauricio Macri appointed judges to the Court by decree in 2015, just five days after assuming office. However, the controversy generated by that decision led Macri to reconsider, and the Senate ultimately approved the nominations of the candidates, who have since become part of the Supreme Court.
The upcoming mid-term elections in October, in which Argentines will renew the composition of Congress, are expected to see the government party advance and win new seats. The current situation has sparked debate about the balance of power and the role of the Supreme Court in Argentine politics. As the situation unfolds, it remains to be seen how the Senate will respond to Milei’s decree and what implications this will have for the country’s judiciary and political landscape.