The Judge of the Supreme Court Ricardo Lorenzetti He argued that Manuel García Mansilla You must decide whether to give up your position after the Senate rejected its specifications. “It is a personal decision that he will be evaluating,” he said Friday in an interview with Eduardo Feinmann on Radio Miter, after noting that he “would never have accepted to be designated by decree.”
The high house voted Thursday against the applications of García Mansilla and Ariel Lijowith greater margin of rejection in the case of the first (51 negative votes against 20 affirmative). Both had been proposed by the president Javier Milei to cover vacancies Elena Highton de Nolasco and Juan Carlos Maqueda. Not getting the necessary support, the president appointed them by decree in February. However, only García Mansilla assumed, since Lijo did not achieve the judicial license it required.
In the report, Lorenzetti marked distance from the procedure chosen by the Executive and questioned the lack of institutionality: “If one mentally suppresses the decree, the situation of the candidates would have been different. It is not about winning or losing, but that the institutions work.” And he was blunt to highlight: “I would never accept being designated by decree, I said it many times, you have to be consistent.”
The phrase of the Supreme Magistrate Santa Fe is a shot by elevation to Garcia Mansilla that was appointed in commission through a decree, and that he had assured before representatives of the Upper House that would not accept to enter that way. “A judge appointed in commission, once he enters the Court, could have a certain lack of independence. I imagine a hypothetical case in which the PEN can appoint Judges in commission and who fail in favor of the Executive’s interests to the extent that they enter the Court, even for that short period of a year,” said the judge at that hearing.
Lorenzetti also recalled that in 2015, when Mauricio Macri tried to designate by decree to Horacio Rosatti and Carlos Rosenkrantz, The Court itself suggested to the Executive to respect the parliamentary procedure. “The Court has repeatedly said that the designation of judges is a decision of the Senate,” he said.
Asked by Feinmann on whether García Mansilla should leave his position after legislative rejection, he avoided a direct response but insisted that it is a determination that corresponds to the judge himself. “He is an honorable person, he is working with us, and it will be he who evaluates it,” he said. Finally, Lorenzetti stressed that the Court continues to function normally and separated the political debate of institutional performance. “We are issuing sentences and we will continue to do it beyond all opinions,” he concluded.
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