Nearly half of the state and federal courts across the country could become vacant before the end of the year due to an unprecedented combination of factors: 32% do not have tenure, about 50 judges resigned this year and the same number plan to retire before December when they reach 75 years old.This is a situation that threatens to cause a collapse of justice.
According to the Judicial Council’s data, the numbers are clear: There are 956 qualified judge positions in these jurisdictions. If we add to those established and unfilled positions (such as the federal court in Piedrabuena, Santa Cruz, or Santa Fe courts), the total rises to 1,002. On that map, as of November 10, there were 668 positions filled and 353 vacant.
The judiciary with many vacancies: could it collapse?
The number of courts without a president is also high because the executive has 191 vacancies awaiting decision since it took office in December 2023. Meanwhile, another 162 are in the selection process at the Council, where there are also 80 contests in process.
Although there have been constant complaints from the Council regarding this issue, the General Bar Association of the Federal Capital – along with three other associations – asked the executive authority for clarifications last September, arguing that “the matter is not a sectoral interest, but rather the full validity of the rule of law is at stake.”
“This is the only government that has not submitted documents to the Senate for two yearsI just made two renovations and removed the papers that were there before. Last year (the Minister of Justice, Sebastián Amerio, and the then presidential spokesman, Manuel Adorni, announced they would send them, but they did not do so either). said Martin Casares, Chief of Staff of the Ministry of Justice during the Mauricio Macri administration and current Secretary General of the College.
For Cazares, the main consequences of this decision are this The duration of operations is extended and the file resolution rate decreases.
“There are judges who are in court or in an oral tribunal and At the same time, they are an alternative to another. “Therefore, the ability to hold fewer hearings and increase the statute of limitations for cases.” The advisor noted in criminal policy and criminal justice.
If the government does not respond to the demand within the 60 working day period, which is already about to expire, the lawyers will file a lawsuit for failure to comply with their constitutional obligation to send candidates for all contests for which they have shortlists to the Senate.
Resignations and retirements of judges: a record year
The Ministry of Justice says that to date the vacant positions have not been filled In the Senate, the ruling party does not have the votes to approve any candidateAlthough this situation could be reversed starting in December with the new integration of the Senate.
The only precedent is the documents of the candidates to join the Supreme Court, Ariel Legault and Manuel Garcia Mansilla, whose names were expelled from the Senate after their appointment to the committee was approved.
In addition to existing vacancies, During 2025 many judges decided to resign, Even without the minimum age stipulated in the national constitution.
“They are under 70, they have the necessary contributions, and they are leaving. “If it were a single case it would not be strange, but this year nearly 50 judges from different jurisdictions have already tendered their resignations.”A source from the Judicial Council commented.
The factors behind this series of resignations are rumours Possible changes in pension legislation, It would extend the age of ability to retire, and increase the workload, especially in the workplace.
In addition, national justice was put on alert after the Supreme Court ruling that established the Supreme Court of the City of Buenos Aires as a review body for its decisions, which was interpreted as an imminent transfer to Buenos Aires jurisdiction, although it was not what the Supreme Court said it was.
Nearly 500 vacant courts?
In the field of employment, some of those who left their positions during 2025 were Juan Carlos Cerruti (Labor Court No. 29), Gerardo Magno (Court No. 43), Marta Rey (Court No. 23), Hector Karpiuk (Court No. 22) and Ana Alejandra Barilaro (Court No. 20), who will leave their positions on 1 December.
The maid of the Economic Criminal Chamber, Louis Imas, also resigned; Criminal and correctional judge Luis Schelgel and his underage husband Enrique Velasquez and others.
In the provinces, the case that resonated was that of Marcelo Baylac, a federal judge in Rosario, who He resigned last July after being investigated over his links to drug trafficking. Judges Manuel Lopez Aranco (Paraná), Antonio Alonso Gonzalez (Corrientes) and Manuel Moreira (Posadas) also left the judiciary, according to the Official Gazette.
Aside from the reasons for resignations, The fact is that vacancies continue to increase and if judges who are about to turn 75 this year are added to Those who will resign are about 142 judges.
If everyone decides to leave, on December 31, The number of vacant positions increased to 471: 49.3% of eligible positions, i.e. half of the vacant judiciary.
Which jurisdictions are most affected?
According to the Judicial Council, in the federal justice system of the city of Buenos Aires, where the country’s most emblematic corruption cases are handled, There are a total of 61 eligible positions, Of these, 18 are vacant between the Appeals Chambers, the Electoral Chamber, and the Cassation Criminal Chamber.
In Comodoro Bay 2002, out of twelve federal courts, four are vacant, While in the Oral Courts, of the 24 authorized positions, seven judges have not yet been appointed, in the Federal Chamber of Criminal Cassation, which has 13 seats, three are without an incumbent.
In oral courts in economic crimes, where smuggling files were proven, There are 5 positions out of 9 availablewhile in the chamber with jurisdiction, for example, there are six presidents and only two are occupied.
As of December 31, the Federal Court of Appeal for Civil and Commercial Affairs and the Social Security Court are expected to have 5 vacant positions each out of a total of 18 eligible positions, representing 55.6%. This means that, for example, you cannot hold any public sessions.
In many provinces, the situation in the federal justice system is similar: there are 11 vacancies in La Plata and Rosario, 8 in Salta, and 7 in General Roca and Tucuman. By December, it is expected that at least a dozen jurisdictions will have at least one vacancy: the most serious cases will occur in Resistencia, Posadas, Mendoza and Córdoba.
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