At the end of 2025, the Argentine justice system faces a critical deficit: A third of the positions of judges, prosecutors and state and federal public defenders remain vacant. This political paralysis, which ignores the demands of judges and society, decimated the judiciary and left alarming gaps in its structure.
The numbers are eloquent: 37% of key positions are vacant. The current government has a negative track record: on average, it has suffered and failed to implement the highest number of resignations of judges and prosecutors, largely due to uncertainty surrounding the retirement system not a single appointment in two years of governancebeyond failed attempts or extensions due to age limits.
Given this scenario, the President Javier Milei He acknowledged that the outstanding coverage was between 30% and 40%, but insisted that “now is not the time” to submit the specifications. For the president, the delay is explained by a “order of priorities.” “When the time comes, I will do it. It seems to me that I still have other things to clarify,” he explained days ago during an interview with LN+. Regarding the Supreme CourtMilei was blunt: He would not send candidates to the Senate until he received two-thirds of the vote, as he said, because he refuses to make any kind of concession to Kirchnerism in order to reach consensus.
This strategy immobilizes 203 lists with as many vacancies parked in the executive branchdespite promises from officials to send it to Congress, including a press conference announcing the measure that never materialized.
Incomplete justice corresponds to half a democracy. By delaying appointments, citizens are subjected to an emergency justice system that is slow and served by “borrowed” judges.
At the recent annual dinner of the Association of Judges and Officials of the National Judiciarythe president of the court, Horacio Rosattinoted that job vacancies were his “primary concern.” Although he highlighted the “extraordinary efforts” of judges, who cover multiple courts through deputies, to maintain service, he warned of systemic risks. Rosatti warned that there is always a risk of resorting to less republican systems such as hand-picked elections or popular elections if the current constitutional mechanism fails to fill the positions.
In harmony, Andres BassoPresident of the aforementioned association, described the vacancy figures as “unprecedented” and overwhelming. He warned that this situation “immediately harms the defendants and tarnishes the image of the justice system” and fuels a “credibility crisis” that requires a rapid response and institutional maturity. In addition, he warned of external factors that aim to “weaken the independence of the judiciary” by questioning the immobility of judges.
If Argentina wants to restore trust in its institutions, it must first ensure that judges, prosecutors and defense lawyers are given their positions on merit, with independence and with the social recognition that such an essential function deserves..
The time to act is now: postponement has since become untenable Incomplete justice corresponds to half a democracy. By delaying appointments, citizens are subjected to an emergency justice system that is slow and served by “borrowed” judges.
Filling vacancies is not just a bureaucratic process, but an unavoidable requirement for good democratic qualitywhich requires a judicial power with all its judges who are sincere and honest.
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