President Javier Milei made official his candidates for the Supreme Court of Justice of the Argentine Nation (CSJN).
Although the body has little participation in the country's internal politics, very different from what happens in Brazil, the election of new members is essential for the approval of Decrees of Necessity and Urgency and bills sent by the Executive.
The National Constitution of Argentina establishes that the highest court must be composed of five judges. Ariel Lijo, one of Milei's nominees, is a strong candidate for the seat of judge Elena Highton de Nolasco, who resigned in 2021 (since then the position has remained vacant, as former president Alberto Fernández was unable to nominate her replacement).
Manuel García-Mansilla, the other chosen by the liberal-libertarian, must take the place of Juan Carlos Maqueda, who turns 75 on December 29th and, due to his age, will leave the post.
The nominations must go through a long process before being voted on in the Senate, where Milei's coalition, La Libertad Advances, has only seven votes. To appoint a judge to the Court, a two-thirds majority is required (48 senators, if all 72 are present at the session).
First, however, there are a series of steps that must be followed and regulate the pre-selection of candidates for the CSJN. The first step towards formalizing candidates for available vacancies is publishing their curricular background.
The nominations must then go through a period of endorsements and challenges, which includes publishing a list of civil associations and commercial companies that the applicants have joined, the law firms they have worked for, and their clients and contracts over the last eight years. . Afterwards, the documents are taken to the Senate for analysis.
The Federal Public Revenue Administration (Afip), in turn, will prepare a report on the financial situation and compliance with tax and social security obligations of the nominees. This document will only be available to the Executive.
Once this stage is completed, the final list of candidates will be published in the Official Gazette and any citizen or organization will be able, within 15 days, to express their opinion. After this period, the president will evaluate all considerations and decide whether or not to take the nomination to the Senate.
There is no deadline set for senators to issue a decision. And, if the nominations are rejected, the Executive may propose new names.
Former President Mauricio Macri appointed two of the Court's current judges
Horácio Rosatti, the current president of the CSJN, was appointed by Mauricio Macri, Alberto Fernández's predecessor. Rosatti was mayor of the provincial capital of Santa Fé between 1995 and 1999 and Minister of Justice in 2003, during the presidency of Néstor Kirchner.
Carlos Rosenkrantz, the body's current vice-president, also joined the Court on Macri's recommendation. At 63, he is the youngest judge on the court. He was professor of General Theory and Philosophy of Law at the University of Buenos Aires and served as rector of the University of San Andrés.
Juan Carlos Maqueda has been part of the Federal Supreme Court since 2002 and, at 72 years old, is the minister who has served at the top of the Judiciary the longest. He took office under the presidency of Eduardo Duhalde.
Previously, in 2002, he was provisional president of the Senate. He also served as a senator and deputy for the province of Córdoba, and was part of the 1994 constituent commission.
Finally, Ricardo Lorenzetti, 66 years old, joined the CSJN in 2004, appointed by Néstor Kirchner. His career includes presiding over the Drafting Committee of the Civil and Commercial Code of the Argentine Republic.
Government mobilizes so that both candidates are voted at the same time
Ariel Lijo and Manuel García-Mansilla were suggested to Milei by Cúneo Libarona, his Minister of Justice.
Lijo's name reached Milei's ears in December 2023, shortly after his electoral victory, and received support from judge Ricardo Lorenzetti. García-Mansilla, in addition to being an old acquaintance of Libarona, had his first contact with the government through the Secretary of Justice, Sebastián Amerio.
Ariel Lijo is a lawyer and has worked as a federal judge since 2004. He became known for investigating high-profile cases involving famous political figures accused of corruption. Among them former presidents Carlos Menem, Cristina Kirchner and Mauricio Macri.
He was also the first to receive the complaint about the cover-up of terrorists who attacked the headquarters of the Argentine Israeli Mutual Association (Amia), in 1994.
Mansilla, current dean of the Faculty of Law at the Austral University, is recognized as a constitutionalist with academic credentials and experience in some of the most important law firms in Buenos Aires.
The dean has already written articles, on several occasions, preaching the independence of the Supreme Court in relation to politics and the importance of freedom of expression and the press. He also defended, in Congress, his position against the legalization of abortion.
The appointment of the two to the Court is considered strategic for Javier Milei's government. Especially in the case of Lijo, who has more ties to political and business power.
This good transit will help Milei in his conflictual relationship with provincial leaders, who have strong influence in the Legislature and, consequently, in the approval of the reforms proposed by the president.
And, in order not to waste time, the government is moving to ensure that both candidates go through the voting process at the same time.
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