Argentine Judge Allows Re-election Bid for Federal Judge Amid Legal Debate

An Argentine judge has granted a preliminary injunction that could allow a federal chamber judge to run for re-election as a councilor, preserving his candidacy while the core legal question is decided. Federal administrative judge Enrique Valerio Lavié Pico ordered the National Council of the Judiciary to refrain from taking actions that would limit or affect Judge Diego Gustavo Barroetaveña's possibility of seeking re-election.

Barroetaveña initiated a declaratory action seeking clarity on whether he can stand for re-election as a councilor representing the judges' branch for the 2026-2030 term. The current ruling is limited, not recognizing a right to re-election but safeguarding his ability to participate in the electoral process.

The controversy stems from changes in the Council of the Judiciary's organic law. The original 1998 law allowed members to serve four-year terms and be re-elected once consecutively. A 2006 amendment introduced a restriction requiring an interval between terms. However, the Supreme Court declared this new law unconstitutional, ordering the revival of the older statute until Congress enacted a new one, which it has not done.

“

The resolution has a limited scope: it does not recognize a right to re-election but preserves the possibility of participating in the electoral process while the main issue is resolved.

Barroetaveña argues that reviving the old law also reinstates the possibility of consecutive re-election. Opponents contend the Supreme Court's ruling only addressed the Council's composition and the Chief Justice's role, not the re-election of councilors. Judge Lavié Pico, while not deciding the main issue, found Barroetaveña's claim plausible enough for a preliminary injunction, citing the electoral timeline and impending deadlines as reasons for urgency.

The judge stated the measure does not harm public interest or interfere with the electoral process. This preliminary injunction remains in effect for a maximum of six months or until a final judgment is reached. Barroetaveña's bid for re-election has already caused divisions within the Association of Magistrates and Officials of the National Judiciary.

“

The judge sustained that the measure does not affect the public interest nor interferes with the electoral process.