The Government does not lower the nomination of Ariel Lijo and García-Mansilla: it seeks an agreement, but warns that it has the decree ready

“We have not made the decision, yet, if the appointment of the new members of the Supreme Court is issued by decree. But the text is already drafted on the basis of article 47 of the National Constitution”. This is stated in those closest to President Javier Milei in relation to the appointments of Ariel Lijo and Manuel García-Mansilla revealing that the Government is determined to have both of them join the highest court.

Sources from the Casa Rosada comment that The Executive Branch is “listening to different voices” of the opposition and “probing” an eventual political agreement that allows it to approve the specifications in extraordinary sessions. The official intention is to “insist with the agreement” and in this sense they point out that they have the time of the January judicial fair to carry out these negotiations.

The Government considers that “it is not desirable to appoint them by decree”but if these negotiations are not successful, the appointment will be made by this procedure. They also point out that “We have no problem discussing the expansion of the Supreme Court,” just as Kirchnerism proposes, “But first they have to approve Lijo and Mansilla”.

The Court prepares to function with three judges and sends a message to the Executive

The urgency of the Government to appoint the two new members responds to the departure of Juan Carlos Maqueda of the first line of the highest court, which will be finalized in the coming days. On December 29 he will turn 75 and must retire after a 22-year career. The Chief of Staff, Guillermo Francos, warned at this time about the composition of the Court after the departure of the judge.

“I don’t know if it can work with three judges,” said Francos. in a recent interview, adding: “From the body’s point of view, from the point of procedural efficiency, I find it hard to believe that we can continue to have a court with three members.”

Franco’s warning comes after the Supreme Court dictate a agreed which aims regulate the operation of the court with three judgesonce Maqueda’s departure is finalized. The text published this Wednesday establishes how the draw will be for the so-called “co-judges” who are the ones who must act in the event that the majorities are not reached to issue a sentence.

Through 16 pages, the judges signed Agreement 41 that establishes the mechanism for the drawing of co-judges between the presidents of the Federal and National Chambers. This procedure prevents the files from being paralyzed due to a possible lack of majorities (three concurring votes, which as of December 30 would imply unanimity between Horacio Rosatti, Carlos Rosenkrantz and Ricardo Lorenzetti).

Juan Carlos Maqueda Supreme Court of Justice

Mariano Fuchila

The farewell of Juan Carlos Maqueda from the Court

Days after his departure from the court, Maqueda starred in a ceremony this Thursday, as a farewell, together with representatives of the judicial world, among whom were the head of the Supreme Court, Horacio Rosatti, and the courtier Carlos Rosenkrantz. With a strong speech, he reiterated his criticism of the Government: “We cannot remain adrift from the men who at this moment worship personalitywho believe themselves to be prophetic and put democratic coexistence at risk.

In that sense, he considered that ““Democracy had better moments than now.” and asked “to return to moderation, prudence and independence of the Judiciary.” The other member of the highest court who will continue in office, Ricardo Lorenzetti was absent from the ceremony.

“Although it seems out of fashion we have to defend the institutions. Maybe not in this country at this moment, but in the world we live in. The institutions of democracy and the republic, the institutions of the rule of law, are at serious risk,” said Maqueda and concluded: “From the Judiciary, with independence and impartiality, we have to establish our defense of the institutionswhich to this day have been preserved by the three powers of the State”.

Once the departure of Maqueda, The court will begin to function with three judges: Rosatti, Rosenkrantz and Lorenzetti. The Court’s agreement will regulate its operation, until the new magistrates are appointed. In the meantime, the Government will continue negotiating the landing of Lijo and Mansilla, even opening the doors to an eventual expansion of the country’s highest judicial body.

If a agreement politician with opposition for the approval of the specifications in extraordinary sessions, the Executive made it clear that he will not hesitate to move forward with his appointment by decree, although, as pointed out to Scope, “not what is desirable.”