Argentina's Government Rolls Out Controversial Decree on Judicial Appointments

Argentina's government has activated a controversial decree that reshapes the procedures for appointing judges, significantly curbing public involvement in the selection process. This new mechanism is being applied to crucial contests for magistrates who will handle politically sensitive cases.

The Ministry of Justice published candidate shortlists in the Official Gazette, fulfilling the decree's requirements. These lists pertain to several key positions, including federal judges for Comodoro Py and federal courts in La Plata, as well as economic criminal courts. The decree mandates listing the positions, the candidates, and references to the Ministry's website for curriculum vitae and scores. This marks a departure from the previous decree (588/2003), which allowed a 15-day period for public observations and objections.

Under the previous system, the Ministry could also invite specialized organizations to provide opinions and required candidates to submit financial disclosures accessible to the public. Additionally, a report from ARCA on candidates' tax and social security compliance was necessary. The new decree, issued by President Milei, alters these procedures for judges, prosecutors, defenders, and Supreme Court ministers.

The changes have drawn sharp criticism. Constitutional lawyer Andrés Gil Domínguez has filed a legal challenge to halt the decree's implementation. Furthermore, a coalition of NGOs, including Amnesty International and CELS, issued a joint statement condemning the decree as a "step backward for public participation in public affairs and for gender equality." They argue that Decree 467/2026 undermines institutional integrity.

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a step backward for public participation in public affairs and for gender equality