The first appeal was filed to suspend the appointment of Ariel Lijo and Manuel García Mansilla to the Supreme Court
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Hours after the Government appointed judges Ariel Lijo and Manuel García Mansilla to the Supreme Court of Justice , they filed the first injunction to stop it. It was filed by the Center for Studies for the Promotion of Equality and Solidarity ( CEPIS ) which requested an interim precautionary measure to suspend the swearing-in ceremony.
In addition, the association filed an action to declare the Executive Branch's decree 137/2025 null and void, authorizing the appointment, and to declare it unconstitutional. In parallel, they requested that the action be registered in the Supreme Court's Collective Proceedings Registry. Among its arguments, the entity pointed out that "the issuance of decree 137/2025 demonstrates the violation of the principle of non-concentration of power, lacks proper justification, and the relationship between the alleged situation and the institutional damage it causes is disproportionate."
Furthermore, according to CEPIS, this circumstance "demonstrates the arbitrariness and unconstitutionality of the same, with the Executive Branch assuming powers that are regulated to the legislative branch in the search for consensus and cross-control of powers and duties. In short, the Executive Branch arrogating to itself powers prohibited by the National Constitution" by appointing Ariel Lijo and Manuel García Mansilla.
They also indicate that this is an "action that manifestly arbitrarily violates the guarantee of independence provided for in Article 18 of the National Constitution ." In this way, the Civil Association indicated: "These provisions establish the minimum content so that the justice administration system is independent of the other powers of the State and so that judges, prosecutors and defenders can freely carry out the delicate mission that has been assigned to them, without political interference, and protected from any pressure, attack or persecution."
Last Tuesday, the Government announced by decree that it would appoint the two judges mentioned above to the Supreme Court. In fact, the President's Office published a statement on the matter in which it stated that "The National Government does not and will not tolerate the interests of politics being imposed over those of the Argentine people."
In this regard, the Government argued that the Senate does not have the power to reject candidates based on "personal or political preferences." According to the document, the politicization of Justice is one of the main reasons why citizens do not have an efficient judicial service. However, Peronism assures that it will stop the appointment of both magistrates in the Upper House after they reached the quorum for their treatment in the chamber.
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