Critics view the recent action as an overextension of executive authority and a strategy to stock the judiciary with loyalists.
ADVERTISEMENTArgentina’s President Javier Milei recently appointed two Supreme Court judges by decree, circumventing the Senate during its recess— a decision widely criticized as an abuse of executive power.
Milei’s office justified the appointments, stating that filling the two vacancies on the five-member court was critical for its proper functioning.
The Supreme Court “cannot carry out its normal role with only three justices,” the government said in a statement.
Milei had nominated Ariel Lijo, a federal judge, and lawyer Manuel García-Mansilla last year but struggled to gain Senate approval, as his libertarian coalition holds only seven of the chamber’s 72 seats. The Senate also did not formally reject the candidates.
On Tuesday, the presidential office stated that “the Senate chose to remain silent,” despite the fact that “the suitability of the candidates for the position was demonstrated.”
Backlash Over Lijo’s Nomination
The appointment of Lijo, in particular, has ignited controversy. The federal judge faces allegations of conspiracy, money laundering, illicit enrichment, and numerous ethics violations.
His nomination astonished Milei’s supporters, given the president’s campaign as an anti-establishment outsider committed to dismantling Argentina’s political elite.
Human Rights Watch condemned the move as “one of the most serious attacks against the independence of the Supreme Court in Argentina since the return of democracy.”
“President Milei cannot pretend to evade institutional mechanisms simply because he has not obtained the necessary votes in the Senate to appoint his candidates,” said Juanita Goebertus, Americas director at the New York-based rights organization.
The appointments, made just days before Congress returns from recess, are temporary, with Lijo and García-Mansilla set to serve until 30 November, when their nominations must go before the Senate.
In spite of this, critics argue that Milei’s move is an attempt to fill the judiciary with loyalists. Legal experts warn that a president’s power to appoint judges during a congressional recess is limited.
“The decrees are for restrictive use and cannot be used as a mere alternative to the regular procedures provided for by the constitution,” said constitutional lawyer Andrés Gil Domínguez.
He added that when such decrees are applied beyond their intended scope, “the constitutional order and the rights of the people are in serious danger.”
