Justice approves new regulation to renew magistrates over 75 years of age

The Ministry of Justice approved a new regulation for the procedure of the new appointment of judges and magistrates of the Public Ministry who reach 75 years of age, according to the resolution published in the Official Gazette of the Argentine Republic on August 12, 2026. The regulation, signed by Minister Juan Bautista Mahiques, repeals the previous regime and comes into effect on the same day of its publication.

The legal framework begins with Article 99, subsection 4, of the National Constitution, which grants the President of the Nation the appointment of the magistrates of the Supreme Court of Justice of the Nation with the agreement of the Senate, and authorizes a new appointment, preceded by the same agreement, for the maintenance in office of those who reach 75 years of age. The Supreme Court endorsed this rule in the case “Schiffrin, Leopoldo Héctor c/Poder Ejecutivo Nacional s/Acción meramente declarativa” (Fallos: 340:257).

In line with Decree 467/2026

Decree No. 467/2026, of June 12, introduced amendments to Decrees Nos. 222/2003 and 588/2003, which regulated the appointment procedure for magistrates of the Supreme Court and its extension to lower federal judges and to those of the Public Ministry. The stated objective was to eliminate unnecessary procedural formalities and duplicated stages in order to streamline the coverage of judicial vacancies.

Among the changes, the concentration of transparency and citizen participation mechanisms in the procedure before the Honorable Senate of the Nation stands out, as does the updating of the publicity of nominations, adapting it to available technologies.

Scope and validity of the new regulation

The resolution approves the “Regulation of the Ministry of Justice for the procedure of the new appointment of judges and magistrates of the Public Ministry who reach seventy-five years of age”, whose text is incorporated as annex ACTO-2026-76256950-APN-SSPC#MJ. Its main provisions are:

• It will be applicable to requests submitted as of the publication and to those in process before the ministry.
• It repeals Resolution No. RESOL-2024-226-APN-MJ of July 25, 2024, which approved the preceding regulation.
• It comes into force on the day of its publication in the Official Gazette.
• It is communicated and filed through the National Directorate of the Official Registry.

The legal basis of the new appointment

The substantive law is Article 62 of Law No. 27.148 and its amendments, together with Law No. 27.149: the Attorney General of the Nation, the fiscal prosecutors, the National Prosecutor for Administrative Investigations, the General Prosecutors, and the Prosecutors enjoy stability until age 75, from which age they are subject to a new appointment with the agreement of the Senate for five-year terms, renewable by the same procedure.

The regulatory chain also includes Law No. 22.520 on Ministries and Resolutions Nos. RESOL-2017-521-APN-MJ and RESOL-2017-859-APN-MJ, of the then Ministry of Justice and Human Rights, which had already been replaced by the 2024 resolution now repealed.

With this reform, the Government defines the future of filling judicial vacancies: a shorter procedure for the renewal of judges and prosecutors who turn 75, with citizen participation concentrated in the Senate stage. The measure directly impacts the predictability of the renewal of key positions in the federal justice system.

Source: Official Gazette of the Argentine Republic, August 12, 2026, first section (official reference: resolution of the Ministry of Justice, e. 12/08/2026 No. 56008/26; annex ACTO-2026-76256950-APN-SSPC#MJ).