Argentina Accuses New President of Violating the Constitution

Two lawyers denounced Argentina's President Mauricio Macri for abuse of authority, saying his decision to appoint two judges to the Supreme Court by decree in December was “an illegal procedure and clearly violates” the constitution.     

The complaint came from lawyers Pablo Llanto and Eduardo Tavani who said the appointment of judges to the high court needs the approval of the Senate. They also stressed that if there is not a Senate majority, it does not grant the president authority to “arbitrarily designate” judges.  

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They added that the acceptance of judges Carlos Rosenkrantz and Horacio Rosatti means “an outright violation of the principles of independence and impartiality.”

Macri appointed Rosenkrantz and Rosatti by decree Dec. 14 to replace two judges — Raul Zaffaroni and Carlos Fayt — who resigned only hours after the new right-wing president was inaugurated.     

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According to the plaintiffs, the Constitution stipulates under Article 99 subsection 19, that to “fill job vacancies requires the consent of the Senate, including during its recess.”

However, Macri and the ruling Republican Proposal, or PRO, have defended the legitimacy of their actions, saying the constitution does “allow the president to fill vacancies while the Senate is in recess period,” which it will be until March 1, says the decree.