BUENOS AIRES, Argentina — Argentina’s President Javier Milei took steps on Tuesday to temporarily appoint two judges to the Supreme Court through a presidential decree, bypassing Congress during its summer break. This action, particularly concerning one of the candidates, has been criticized as an overextension of executive authority.
According to the president’s office, it was within Milei’s constitutional rights to address the two vacancies in the five-member Supreme Court panel swiftly. The statement highlighted the challenge of the court executing its duties with only three justices available.
Milei had previously nominated federal judge Ariel Lijo and lawyer Manuel García-Mansilla last year. However, succeeding in the Senate, where Milei’s libertarian group holds just a fraction of the seats, has proved challenging. Despite this, the Senate has not outright rejected the proposed candidates.
“The Senate remained silent,” Milei’s office noted, arguing that “the competence of the candidates had been demonstrated.”
However, federal judge Lijo’s qualifications have sparked debate due to allegations of conspiracy, money laundering, and illicit enrichment. He also faces more ethical violations than most of his peers in his court’s history.
Human Rights Watch expressed significant concern over Milei’s decision, labeling it as a severe threat to the Supreme Court’s independence since Argentina’s return to democracy. Juanita Goebertus, Americas director of the watchdog based in New York, emphasized that “President Milei cannot bypass institutional mechanisms because the Senate hasn’t approved his candidates.”
The nomination of a candidate from Argentina’s well-entrenched political circles surprised Milei’s followers last year. Having gained power in 2023, Milei, previously seen as a political outsider, rallied against corruption and proposed extreme changes, leveraging the public’s frustration with the alleged mismanagement and decadence attributed to his leftist forebears.
The judicial appointments are to last until Congress reconvenes, with the terms of Lijo and García-Mansilla expiring at the end of the next session on November 30. Following this, they will need Senate approval to continue their roles.
Despite the temporary nature of these appointments, critics have voiced concerns over what they perceive as a forceful move to influence the Supreme Court with loyalists. They argue that presidential power to appoint judges during Congress recess is limited.
“Decrees are intended for restricted use and cannot substitute for regular procedures set out by the constitution,” argued constitutional lawyer Andrés Gil Domínguez.
He added that misusing such powers puts “the constitutional order and citizens’ rights at significant risk.”
