The recent decision by Argentinian President Javier Milei to appoint Supreme Court justices via presidential decree has drawn significant scrutiny from international observers. Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers, expressed serious concerns regarding the implications of this act on Argentina’s judicial independence, democratic principles, and gender equality.
The constitution of Argentina requires that candidates for Supreme Court appointments be nominated by the president and then approved by the Senate, a mechanism designed to uphold judicial independence by maintaining checks and balances. Despite these requirements, President Milei issued a presidential decree on February 26 to fill existing vacancies after failing to secure the necessary two-thirds majority in the Senate. This move has raised eyebrows, questioning the legal standing of such an appointment process, particularly because the constitution empowers the president to fill vacancies during a congressional recess but does not explicitly address such procedure concerning Supreme Court justices.
Critics, including Juanita Goebertus from Human Rights Watch, have described the action as a significant threat to judicial independence in Argentina since the country’s return to democracy. The absence of women in the newly appointed justices further exacerbates concerns about gender equality and diversity within the judiciary.
As a signatory to both the International Covenant on Civil and Political Rights and the American Convention on Human Rights, Argentina has an obligation to ensure judicial appointments are conducted freely of political interference, maintaining both independence and impartiality in the judiciary.
These events have sparked widespread criticism from human rights groups and legal scholars both domestically and internationally, who argue that adherence to constitutional provisions and established legal frameworks is crucial for preserving the integrity of Argentina’s judiciary and democratic institutions.