Buenos Aires Herald 
A United Nations expert on judicial independence has expressed concern over President Javier Milei’s decision to appoint two Justices to Argentina’s Supreme Court via decree, rather than going through the Senate.
“The Executive is not above the law,” warned Margaret Satterthwaite, United Nations Special Rapporteur on the independence of judges and lawyers, in an X post.
“By ignoring judicial appointment processes established in the Constitution and clarified in statute, the President is evading legally-established checks and balances,” Satterthwaite wrote on Wednesday.
On February 25, Milei issued an executive order appointing Manuel García-Mansilla and Ariel Lijo to cover two vacant seats on the Supreme Court. This can only be done when Congress is in recess. Milei’s order came in a one-week period between the end of summer extraordinary sessions and the start of ordinary sessions on March 1.
The move meant the candidates were not approved by the Senate, where appointees must be approved by a special two-thirds majority. The government had filed a bid to appoint the two justices in April 2024.
Satterthwaite stated that appointing the justices by decree “sets a dangerous precedent by politicizing appointments, eroding transparency, and limiting avenues for public scrutiny and contestation.”
The Supreme Court swore García-Mansilla in two days after the decree was issued. In Lijo’s case, the justices ruled that he cannot take on his new role unless he resigns his current post as a federal judge. Lijo had requested an unpaid leave of absence, on the grounds that the senate could later overturn his appointment and he would lose both roles. His situation is pending.
Because they were appointed by decree, García-Mansilla and Lijo’s seats will need to be confirmed by the Senate this legislative year. Sessions run from March 1 to November 30. Satterthwaite warned that this temporary nature could degrade the security of their judicial tenure.
“Security of tenure is crucial for the protection of judicial independence, allowing judges to exercise their functions free from the threat of losing their position if their decisions do not please other branches of government,” she said.
She also criticized the lack of women on the Supreme Court. One of the vacant roles was left by Elena Highton when she resigned in 2021, warning: “Such a step backward for the country may amount to a violation of the rule of non-retrogression in relation to gender equality norms, sending a very negative message to all women in the country.”
In previous posts about the Argentine government’s decision to appoint García-Mansilla and Lijo, the special rapporteur had insisted that “international human rights law demands an impartial and independent judicial power” and that “constitutional procedures must be followed when appointing justices.”
“Argentina must recommit to its binding international human rights obligations, uphold the independence of the judiciary and respect the rule of law,” she wrote on Tuesday.
Satterthwaite is in contact with the Argentine authorities about the issue, she noted.