15/06/2026 12:05 - Politica
Fachada monumental del Palacio de Justicia de Buenos Aires con columnas dóricas, edificio neoclásico de la Corte Suprema Argentina con bandera nacional flameando, cielo despejado, arquitectura judicial imponente
Argentina's President Javier Milei has signed a decree introducing significant changes to how judges are appointed to the country's highest court, the Supreme Court of Justice. The measure, which will be published in the Official Gazette (Boletín Oficial), alters a system that has been in place for over two decades.
The decree modifies Decree 222/03, a rule implemented during the presidency of Néstor Kirchner. For international readers, this decree was known as a mechanism of "presidential self-limitation." It was created to restore trust in the judiciary after Argentina's severe economic and institutional crisis of 2001-2002. It required the Executive Branch to publicly advertise candidates' backgrounds in newspapers to ensure transparency.
The Presidential Palace (Casa Rosada) argues that the goal is to streamline proceedings by removing administrative steps they view as redundant. Government officials state that citizens already have an institutional channel for objections within the Senate, making the previous administrative phase unnecessary duplication.
Justice Minister Juan Bautista Mahiques co-signed the decree. The updated procedure adapts to modern technology by moving the official announcement to the Ministry's website, replacing the reliance on physical newspapers.
New Tax Control: The decree establishes a uniform regime to verify tax and social security compliance. The tax agency (ARCA, formerly AFIP) will have a specific timeframe to report on the candidate's tax status.
The Supreme Court currently operates with only three of the five members established by law. This situation impacts the court's ability to function efficiently. The current members are:
| Justice | Role |
|---|---|
| Horacio Rosatti | President |
| Carlos Rosenkrantz | Justice |
| Ricardo Lorenzetti | Justice |
| Vacant Seat 1 | Pending |
| Vacant Seat 2 | Pending |
While President Milei has suggested he would prefer to fill the vacancies after the legislative elections of 2027, sectors within his administration indicate the process could begin sooner. Names mentioned in local media include:
Minister Mahiques reportedly accelerated the process following the Senate approval of his father, Carlos Mahiques, as a judge in the Court of Cassation, which received 58 votes in favor.
Signed by President Néstor Kirchner in 2003, this decree established a "presidential self-limitation" mechanism. It was designed to rebuild trust in state institutions following the collapse of 2001. It mandated:
Transparency organizations and anti-corruption groups are on alert regarding these changes but are waiting for the final text to make formal statements. The government has submitted over 100 nominations to the Senate, securing approval for 74 candidates in a broader push to fill judicial vacancies across the country.
The move marks a significant shift in the balance of power between the Executive Branch and the judiciary oversight mechanisms established in the post-crisis era.
Source: El Día, La Nación (June 15, 2024)
Alfredo S. Quiroga
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