MercoPress. South Atlantic News Agency

Milei fills Supreme Court vacancies by decree absent the Senate's consent

The Senate had stalled its consent for the appointment of both judges for over a year

Argentine President Javier Milei decided Tuesday to appoint Ariel Lijo and Manuel García-Mansilla to the Supreme Court (CSJN) by decree in a move that further dented his image following his U-turn in foreign policy regarding Ukraine and the $LIBRA cryptocurrency scandal, among other events that challenge La Libertad Avanza's (LLA) chances for this year's mid-term elections. The magistrate's appointment will be effective until the end of the next legislative term, as provided for in the Constitution in case of vacancies.

“Manuel García-Mansilla and Ariel Lijo as judges of the Supreme Court of Justice of the Nation, until the end of the next legislative term, in order to normalize the operation of the highest judicial court of our country, which cannot carry out its role normally with only three ministers. During the aforementioned period, this administration will continue with the legislative process so that the Upper House may exercise its powers and give the corresponding agreements to the nomination papers,” the Office of the President (OPRA) said in a statement.

“The National Government does not tolerate and will not tolerate that the interests of politics be imposed over those of the Argentine people, under any circumstances,” the document went on.

Milei had nominated Lijo and García-Mansilla on March 20, 2024, but their consent was stalled in the Senate after failing to reach two-thirds of the votes.

“The Upper House should have given agreement to the candidates proposed by the Executive Branch In no case does the Senate have the power to reject the agreement of the candidates proposed by the President based on personal or political preferences of the senators,” the Executive went on.

“In fact, it is the politicization of Justice one of the main causes that Argentines do not have a Justice service that solves their problems. The Constitution clearly establishes that it is the President, and no one else, who has the power to select the candidates to fill the vacancies in the Highest Court, the Senate being limited to give its conformity or reject them based on an objective analysis of the technical suitability of the candidates,” the statement further explained.

Senators “have avoided respecting the decision of this Government, even when the lack of pronouncement implies a serious damage to the functioning of one of the three powers of the Republic,” the OPRA also mentioned.

“Both President Javier Milei and all of us in the Government will take all the necessary measures to reestablish the normal functioning of the institutions of the Republic,” Justice Minister Mariano Cúneo Libarona stressed on X.

“As of the appointment of Lijo and García-Mansilla, the Supreme Court of Justice will function with 5 judges as established by law,” he added.

“Article 99 of the National Constitution is clear: the President has the power to appoint judges on commission to guarantee the operation of the highest court. This will allow its normal performance, which due to the irresponsibility and speculation of politicians had been on the verge of paralysis,” the minister also pointed out.