Argentina’s Supreme Court denied Judge Ariel Lijo’s unpaid leave for a CSJN position, emphasizing the conflict between maintaining his role as magistrate and the requirements of the new appointment. Support for alternative candidates suggests a dynamic political landscape affecting judicial nominations and the fate of current judges. Senate approval remains crucial for Lijo’s future.
The Supreme Court of Argentina, known as CSJN, recently voted against Judge Ariel Lijo’s request for unpaid leave to assume a position on the Court, as mandated by President Javier Milei. Chief Justice Horacio Rosatti and Deputy Chief Justice Carlos Rosenkrantz joined Manuel García-Mansilla in opposing Lijo’s leave, which is relevant since both Lijo and García-Mansilla were appointed under the Constitution for the current legislative term.
Lijo wishes to retain his role as magistrate in Buenos Aires Federal Court 4, but the CSJN insists he must resign in order to take on the new position. Despite this, Justice Ricardo Lorenzetti dissented in support of Lijo.
With Lijo’s nomination now pending in the Senate for more than a year, analysts believe his future hinges on the Upper House’s approval. If President Milei’s party, La Libertad Avanza (LLA), secures Senate approval, Lijo’s appointment would become permanent.
There are discussions among Milei’s supporters, including Economist Alberto Benegas Lynch Jr., to instead nominate Judge Sandra Arroyo-Salgado for the CSJN. Arroyo-Salgado is notable for her six-year marriage to the late Prosecutor Alberto Nisman—who died under mysterious circumstances connected to a significant 1994 bombing case.
Due to Lijo’s current position and refusal to resign, his appointment by Milei is in a legal uncertainty, suggesting the Senate’s decision is crucial. Although the Committee approved the move, final approval is pending, especially after recent controversies related to Milei. Meanwhile, García-Mansilla’s bid did not advance past the Agreements Committee, making his place on the CSJN tenuous.
The CSJN’s decision against granting Judge Lijo an unpaid leave underscores the complexities of his legal and professional status amid ongoing political changes in Argentina. With significant implications depending upon Senate approval, Lijo’s potential continuation in his role illustrates the intricate relationship between judicial positions and political influence. The deliberation over alternative nominations, especially highlighting Arroyo-Salgado’s connections, adds another layer of consideration in this judicial appointment scenario.
Original Source: en.mercopress.com
