Milei Appointed García-mansilla and Lijo as Supreme Court Judges by Decree

As anticipated by La Derecha Diario, President Javier Milei signed the decree by which he appoints Ariel Lijo and Manuel García-Mansilla as new judges of the Supreme Court.

The decision was announced on the social network X and responds to the Congress's refusal to complete the appointment process, which led the Executive to resort to a constitutional mechanism with precedents in recent history.

Macri's precedent and legislative paralysis

Milei's decree is not an unprecedented event. In 2015, former President Mauricio Macri appointed Carlos Rosenkrantz and Horacio Rosatti on commission through a decree, in a context where the Court also operated with only three members. The lack of consensus in the Senate and the need to complete the court motivated that measure, which was later validated by Congress.

In the current case, since last May the Government tried to obtain the Senate's endorsement for the appointment of Lijo and García-Mansilla, but the negotiations did not succeed. Despite the support of several Peronist governors, such as Gerardo Zamora,  the lack of definitions within the Unión por la Patria bloc and the pressure from PRO sectors prevented reaching the necessary two-thirds.  The opposition, led by Cristina Kirchner and Kirchnerism, chose an obstructionist stance, even refusing to provide a quorum for the debate.

The need for a complete Supreme Court

With this decision, the Government seeks to solve the limited functioning of the court, which until now operated with only three members. The Supreme Court plays an essential role in the country's institutional stability and in guaranteeing legal security for investments and economic development.

The Government justified the decision by stating that the Upper House should have agreed to the candidates proposed by the Executive Branch, as they met all the legal and suitability requirements for the position. However, the Senate chose silence and did not express itself on the submitted nominations, even when given the opportunity to do so in Extraordinary Sessions.

Furthermore, the Executive emphasized that the Constitution establishes as the President's exclusive attribution the appointment of Supreme Court judges, while the Senate only has the power to accept or reject the candidates, without the authority to propose names. For this, it must conduct an objective analysis based on the candidates' suitability and not on political interests or personal assessments.

In this context, the Government argued that the politicization of justice is one of the main reasons why Argentines do not have an efficient and transparent judicial service.

Therefore, using the constitutional power to fill vacancies that require the Senate's agreement and to normalize the Court's functioning, the President decreed the appointment on commission of García-Mansilla and Lijo. This tool has already been used by other presidents of different political signs, such as Perón, Alfonsín, Menem, and Macri, and  validated by the Supreme Court of Justice of the Nation itself.

Despite the decree, Milei's administration will continue with the legislative process for the Senate to exercise its powers and provide the corresponding agreement to the nominations.

The Government recalled that both Néstor Kirchner and Mauricio Macri achieved the validation of their Supreme Court candidates at the beginning of their terms, while in this case, the "political caste" has decided to apply a different criterion, affecting the normal functioning of one of the three branches of the Republic.

The political impact and perspectives

Although the measure generates controversies,  history shows that the appointment of judges by decree is a legitimate resource when Congress blocks institutional progress. The refusal of sectors of Peronism and PRO to negotiate left the Government with no other alternative.

Finally, the Executive emphasized that this government  "doesn't tolerate nor will it tolerate that the interests of politics prevail over those of the Argentine people, under any circumstances".

With this decision, Milei reinforces his image as a president who takes firm measures in the face of legislative paralysis. The appointment of judges by decree is not only legal but responds to the urgency of strengthening the country's institutionality.