MercoPress. South Atlantic News Agency

Argentina's Supreme Court votes against Lijo's unpaid leave

Lijo's case is now in some sort of legal limbo to which the Senate seems to have the key

Argentina's Supreme Court of Justice (CSJN) voted against granting Lower Court Judge Ariel Lijo an unpaid leave of absence to take up his CSJN position as decreed by President Javier Milei. Joining the votes of Chief Justice Horacio Rosatti and Deputy Chief Justice Carlos Rosenkrantz was Manuel García-Mansilla, who was appointed together with Lijo for the duration of the current Legislature as provided for in the Constitution.

The problem is that Lijo insists on being able to resume his position as magistrate in charge of Buenos Aires Federal Court # 4 while the CSJN contended he should resign. Casting a vote supporting Lijo's stance was Justice Ricardo Lorenzetti, albeit in dissidence.

According to local analysts, Lijo's fate now lies within the Senate, where Lijo's nomination has been shelved for over a year alongside that of García Mansilla. If Milei's La Libertad Avanza (LLA) manages to get the nod from the Upper House, Lijo's appointment would be permanent and “during good behavior.”

Meanwhile, a group of Milei's intellectual supporters, such as Economist Alberto Benegas Lynch Jr., have suggested that San Isidro Federal Judge Sandra Arroyo-Salgado should be picked for the CSJN in lieu of the controversial Lijo, who has handled a sizeable amount of corruption cases with no major convictions.

Arroyo Salgado is the ex-wife of the late Prosecutor Alberto Nisman, who died in obscure circumstances when he was about to disclose before Parliaments his findings about the 1994 bombing of the Argentine Israeli Mutual Association (AMIA) Buenos Aires headquarters.

Given Lijo's refusal to resign his current post, Milei's decree appointing him is now in some sort of legal limbo from which the Senate's nod (or not) seems to be the speedier way out. The Upper House Agreement Committee has already greenlighted the move, but its final approval was put on hold after the $LIBRA cryptofiasco involving Milei directly.

On the other hand, García-Mansilla's proposal did not get past the Agreements Committee, which makes his continuance on the CSJN rather fragile.