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Argentina Removes Public Transparency Requirements in Supreme Court Selection Process

President Javier Milei signs decree modifying judicial appointment rules, eliminating public objections and reducing access to candidate information during selection procedures.

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President Javier Milei

Argentina’s President Javier Milei has signed a decree that removes citizen participation mechanisms and transparency requirements in the selection process for Supreme Court judges, altering federal regulations that have governed judicial appointments for more than two decades.

The executive decree, presented by the government as part of a modernization and administrative simplification effort, eliminates several stages of public review that previously allowed civil society groups and professional organizations to participate in the evaluation of candidates.

The Milei administration argued that the public review process was unnecessary because Supreme Court appointments are ultimately examined by the Senate. Government officials described the previous system as a duplication of administrative procedures.

The changes have drawn attention from legal experts, who argue that the regulations established in 2003 created a framework for public oversight in judicial appointments and provided greater transparency in the selection of members of the country’s highest court.

The new decree, numbered 467/2026, removes the mechanism that allowed non-governmental organizations and professional associations to submit objections regarding the suitability of judicial candidates. It also changes the way information about nominees is made available to the public.

Under the previous system, candidate nominations, professional backgrounds and asset declarations were published in national print media. The new rules limit publication to the Ministry of Justice’s digital platforms and the Official Gazette.

The government’s decision means that information about Supreme Court candidates will no longer be distributed through national newspapers, restricting public access to official details about nominees. The decree maintains online publication but removes the broader public dissemination requirements established under earlier regulations.

The measure also eliminates requirements related to gender diversity, regional representation and legal specialization in the selection of candidates. These criteria were included in Decree 222, which established guidelines intended to reflect Argentina’s federal structure in the composition of the judiciary.

The decree also modifies Decree 588, issued in August 2003, which extended similar transparency standards to other federal judicial positions, including the Prosecutor General of the Nation, the Public Defender General and lower federal judges.

As a result, the changes affect not only Supreme Court appointments but also the broader federal judicial selection framework.

The decision follows the Argentine Senate’s approval of a package containing 74 appointments for federal judges and prosecutors. Social organizations and legal specialists have raised concerns about the impact of the new rules on public oversight of judicial appointments.

The modification of judicial selection procedures follows previous instances in which presidents attempted to bypass existing transparency standards. Former President Mauricio Macri attempted to appoint Carlos Rosenkrantz and Horacio Rosatti to the Supreme Court by decree, but later reversed the decision following political opposition.

Milei has also faced controversy over judicial nominations after appointing federal judge Ariel Lijo and academic Manuel García-Mansilla as candidates for the Supreme Court under conditions that generated institutional debate. García-Mansilla later resigned following criticism surrounding his appointment.

With the signing of Decree 467/2026, the government has formally changed the process for evaluating judicial candidates, removing several public participation mechanisms that had been in place since 2003.

The decree was issued as Milei confirmed plans for an upcoming international trip to the United States on July 4 to participate in Independence Day celebrations, marking his 18th foreign visit since taking office.

Sri Lanka Guardian

The Sri Lanka Guardian is an online web portal founded in August 2007 by a group of concerned Sri Lankan citizens including journalists, activists, academics and retired civil servants. We are independent and non-profit. Email: editor@slguardian.org

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