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Key Facts: Concurso Magistratura Nación Exam

The Argentina National Judicial Magistrate Selection Competition is a fee-free, constitutional, merit-based process run by the Consejo de la Magistratura de la Nación: an anonymous written case-drafting opposition test of up to eight hours scored up to 100 points, antecedents scored up to 100 points, a psychological examination and a personal interview, with a minimum of 100 combined points (at least 50 of them from the written test) required to enter the binding terna.

Sample Concurso Magistratura Nación Practice Questions

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1In the Argentine constitutional system, what model of judicial review (control de constitucionalidad) is exercised by national and federal judges?
A.A diffuse (difuso) judicial review model, where any judge in a concrete case may declare a statutory norm unconstitutional with inter partes effects
B.A concentrated model exercised exclusively by a specialized Constitutional Court through abstract popular actions
C.An advisory political control system exercised prior to statutory enactment by the Council of State
D.An automatic legislative review where statutory laws are voided with erga omnes effects by the Ministry of Justice
Explanation: Since the landmark CSJN precedents 'Sojo' (1887) and 'Elortondo' (1888), Argentina has followed the American diffuse model of judicial review. Every judge across all jurisdictions and instances has the constitutional power and duty in a concrete contentious case (caso o controversia) to evaluate the constitutional conformity of statutes and declare them unconstitutional with binding effect strictly between the litigating parties (inter partes).
2Under Article 75, inciso 22 of the Argentine National Constitution, what legal status is granted to the international human rights treaties explicitly enumerated therein?
A.Constitutional hierarchy (jerarquía constitucional), operating on the same normative level as the Constitution without repealing any part of the first declaration of rights
B.Sub-statutory rank inferior to national federal legislation enacted by Congress
C.Direct equivalency to executive emergency decrees (DNU) under Article 99 inciso 3
D.Purely programmatic non-binding guidelines that require separate provincial ratification to take effect
Explanation: The 1994 Constitutional Reform incorporated international human rights treaties directly into Article 75, inc. 22 with constitutional hierarchy (jerarquía constitucional). They stand on the same apex normative tier as the text of the Constitution, functioning as complementary guarantees (en las condiciones de su vigencia) that do not repeal the rights and guarantees of the first part of the Constitution.
3What is the established doctrine of the Argentine Supreme Court (CSJN) regarding the ex officio (de oficio) declaration of unconstitutionality, as affirmed in 'Rodríguez Pereyra' (2012)?
A.Judges are constitutionally empowered and obliged to declare the unconstitutionality of a norm ex officio, provided there is a concrete case and it does not breach the adversary's right to defense
B.Ex officio unconstitutionality declarations are strictly prohibited and violate the principle of separation of powers under all circumstances
C.Judges may only declare unconstitutionality ex officio if the Attorney General (Procurador General) explicitly authorizes the petition in advance
D.Ex officio review is permitted only in criminal cases involving life imprisonment offenses
Explanation: In 'Rodríguez Pereyra' (2012), reaffirming and expanding 'Mill de Pereyra' (2001) and 'Banco Comercial Finanzas' (2004), the CSJN held that judges have the inherent constitutional power and duty to perform judicial review ex officio. Since the Constitution is the supreme law of the land (Art. 31), applying the law in a concrete controversy implies verifying its constitutional compatibility even if neither party explicitly pleaded unconstitutionality.
4Under Article 14 of Ley 48, which of the following scenarios constitutes a direct 'cuestión federal simple' enabling a Recurso Extraordinario Federal before the CSJN?
A.When in a lawsuit the validity of an international treaty, statutory act of Congress, or authority exercised under the Nation has been questioned, and the decision has been against its validity
B.When a party disagrees solely with the trial judge's valuation of factual and evidentiary witness testimony in a common breach of contract dispute
C.When the appellant claims that the provincial appellate court miscalculated the statutory interest rate on a local debt without raising constitutional claims
D.When a party seeks the review of an interlocutory procedural order granting a 5-day extension to file a brief
Explanation: Article 14, inciso 1 of Ley 48 explicitly defines a federal question (cuestión federal simple) when the validity of a federal statute, treaty, or national authority is challenged and the final judgment of the superior provincial or national court rules against its validity.
5In Argentine constitutional jurisprudence, what is the core rationale of the 'Doctrina de la Arbitrariedad de Sentencia' developed by the CSJN (e.g., 'Rey c/ Rocha', 'Colalillo', 'Storani')?
A.To disqualify judicial decisions that lack minimum valid judicial foundation, omit decisive evidence, or constitute dogmatic affirmations violating the constitutional right to due process (Art. 18 CN)
B.To allow the Supreme Court to act as a third instance of regular appeal to correct minor legal errors in everyday commercial litigation
C.To nullify any judgment where the losing party did not receive legal aid funded by the provincial state
D.To automatically invalidate any judicial decision that cites international doctrine published outside Latin America
Explanation: The Arbitrariedad doctrine is an exceptional creation of CSJN jurisprudence ensuring that the constitutional guarantee of defense in trial (Art. 18 CN) requires not just any formal judgment, but a reasoned decision derived from applicable law and the demonstrated facts of the case. A decision is arbitrary when it displays normative self-contradiction, omits decisive evidence, relies on sheer dogmatism, or disregards uncontroverted records.
6What is the legal effect of the doctrine of 'Gravedad Institucional' in the admissibility of extraordinary remedies before the Argentine Supreme Court?
A.It allows the CSJN to overcome formal admissibility defects (such as the lack of a final judgment) when the case transcends the individual parties and directly affects community institutions or the public interest
B.It mandates the immediate suspension of the entire National Congress until the Supreme Court issues a final ruling
C.It transforms the lawsuit into an international claim before the International Court of Justice in The Hague
D.It eliminates the requirement of showing a concrete injury and allows citizens to file abstract advisory consultations
Explanation: The doctrine of institutional gravity (gravedad institucional, e.g., 'Jorge Antonio' 1960 and 'Penjerek' 1963) is a prudential tool where the CSJN relaxes formal requirements of the Recurso Extraordinario (such as the requirement of a final judgment / sentencia definitiva) because the matter involves vital public interests, constitutional institutional stability, or widespread social repercussions extending beyond the individual litigants.
7Under the doctrine of 'Control de Convencionalidad' affirmed in CSJN jurisprudence ('Giroldi' 1995, 'Mazzeo' 2007, 'Videla' 2010), how must Argentine domestic judges apply the American Convention on Human Rights (CADH)?
A.Judges must apply the American Convention ex officio, interpreting its provisions in light of the binding jurisprudence and standards set by the Inter-American Court of Human Rights
B.Judges must disregard the American Convention whenever it conflicts with any municipal administrative ordinance
C.Judges may only apply the American Convention if the Ministry of Foreign Affairs grants prior approval in the specific lawsuit
D.The American Convention is advisory only and has no domestic binding effect on national magistrates
Explanation: Under Article 75, inc. 22 CN and Inter-American Court jurisprudence ('Almonacid Arellano', 'Trabajadores Cesados del Congreso'), Argentine judges are bound to exercise ex officio conventionality control (control de convencionalidad). As held in 'Giroldi' (1995) and 'Mazzeo' (2007), the CADH applies 'en las condiciones de su vigencia', which includes the authoritative interpretation rendered by the Inter-American Court.
8In the landmark ruling 'Halabi' (2009), how did the Argentine Supreme Court categorize rights under Article 43 of the National Constitution to recognize collective class actions (acciones de clase)?
A.Individual rights, rights over collective goods, and individual homogenous rights (derechos de incidencia colectiva referentes a intereses individuales homogéneos)
B.Public administrative rights, private commercial rights, and diplomatic rights
C.Sovereign state rights, ministerial rights, and citizen petition rights
D.Labor union rights, criminal procedural rights, and maritime rights
Explanation: In 'Halabi' (2009), the CSJN established three categories of rights: (1) individual rights (derechos individuales), (2) collective rights over collective goods (derechos de incidencia colectiva sobre bienes colectivos, e.g., the environment), and (3) collective rights regarding individual homogenous interests (intereses individuales homogéneos, e.g., telecommunication privacy or consumer mass claims stemming from a common factual or legal cause).
9According to consolidated CSJN jurisprudence on constitutional emergency powers ('Peralta', 'Massa', 'Smith'), what limits constrain emergency legislation that restricts property rights?
A.The emergency must be real and declared by Congress, have a legitimate public purpose, be temporary, and maintain proportionality without destroying the substance of the right
B.The executive can permanently confiscate all private property without compensation during any declared emergency
C.Emergency laws can only apply to foreign nationals residing in Argentina for less than one year
D.Judges are prohibited from reviewing the reasonableness or proportionality of any emergency measures
Explanation: Under the CSJN's emergency doctrine (dating back to 'Ercolano c/ Lanteri de Renshaw' and 'Avico c/ de la Pesa', and refined in 'Peralta' and 'Massa'), emergency powers are legitimate only if: (1) a real social or economic crisis exists, (2) the goal is protecting public interest, (3) measures are proportional and reasonable (Art. 28 CN), (4) the duration is strictly temporary, and (5) the core substance of property is not confiscated or annihilated.
10What is the foundational constitutional scope of Article 19 of the Argentine National Constitution (the principle of personal autonomy and reserve)?
A.Private actions of individuals that in no way offend public order or morals, nor harm a third party, are reserved only to God and exempt from the authority of magistrates
B.All private personal actions must be authorized in advance by the federal police
C.The state has absolute authority to regulate citizens' personal moral beliefs and philosophical conscience
D.Magistrates must inspect citizens' private residences every six months without a judicial warrant
Explanation: Article 19 CN establishes the principle of personal autonomy and privacy (principio de reserva). As interpreted in landmark CSJN rulings like 'Bazterrica', 'Arriola', 'Albarracini Nieves', and 'Bahamondez', it guarantees a realm of individual liberty and self-determination wherein the state cannot intervene as long as the conduct causes no concrete harm to third parties or public order.

About the Concurso Magistratura Nación Exam

The Concurso de Selección de Magistrados del Poder Judicial de la Nación is the constitutional merit-based examination system established under Article 114 of the Argentine National Constitution and regulated by Ley 24.937 (as amended) and the Consejo de la Magistratura's Concurso Regulations (Resolución CM N° 7/2014). Administered by the Selection Commission, it is the mandatory gateway for appointment as federal or national judges across all judicial branches (Civil, Commercial, Criminal, Labor, Administrative, and Federal Courts across Argentine provinces). The centerpiece of the competition is the written opposition test (prueba de oposición escrita), where candidates draft a full judicial resolution or judgment on a case drawn at the sitting, on computers supplied by the Consejo and under a numeric anonymity code, for a period the jury fixes and that cannot exceed eight hours. Postulants are assessed on their mastery of constitutional and conventional standards, the Código Civil y Comercial de la Nación, the Código Penal, federal procedural codes, administrative and labour jurisprudence, and judicial reasoning ethics. The official examination is written, in Spanish, and is graded by a jury rather than by an answer key. This question bank is an English-language multiple-choice study adaptation: it is not an official translation, not a simulation of the case-drafting format, and no substitute for practising the drafting of judgments. Its content-area percentages are our own study allocation, since the Consejo publishes a per-competition temario rather than fixed subject weightings.

Assessment

Multi-stage constitutional selection process under the Reglamento de Concursos (Res. CM 7/14 and amendments, consolidated 2023): (1) anonymised written opposition test on computers supplied by the Consejo, duration fixed by the jury and not exceeding 8 hours, scored up to 100 points; (2) evaluation of professional and academic antecedents, up to 100 points (70 professional — 30 trayectoria and 40 especialidad — plus 30 academic split between publications, teaching and postgraduate study); (3) personal interview before the Comisión de Selección together with a psychological and psychotechnical examination; and (4) a Plenario public hearing that approves the binding terna sent to the Executive.

Time Limit

Fixed by the jury for each competition; the Reglamento caps the written opposition test at eight (8) hours

Passing Score

Written opposition test scored up to 100 points and antecedents up to 100 points; a candidate cannot enter the terna or the interview list without at least 100 combined points, of which a minimum of 50 must come from the written opposition test (Art. 44). If fewer than three candidates reach that threshold the competition is declared desierto

Exam Fee

No arancel is established by the Reglamento de Concursos; inscription is electronic and free of charge (Consejo de la Magistratura de la Nación (Comisión de Selección de Magistrados y Escuela Judicial))

Concurso Magistratura Nación Exam Content Outline

20%

Constitutional and Conventional Law

Argentine National Constitution, diffuse constitutional control, human rights treaties with constitutional hierarchy (Art. 75 inc. 22 CN), federal extraordinary appeal (Art. 14 Ley 48), arbitrary judgment doctrine, and Inter-American Court of Human Rights jurisprudence.

25%

Civil and Commercial Substantive & Procedural Law

Código Civil y Comercial de la Nación (CCCN - Ley 26.994), obligations, contract theory, civil liability (prevention and reparation), real property rights, commercial companies (Ley 19.550), bankruptcy (Ley 24.522), consumer protection (Ley 24.240), and CPCCN procedural rules.

25%

Criminal Law and Criminal Procedure

Código Penal de la Nación (theory of crime, culpability, criminal attempts, authorship and participation, sentencing guidelines), special federal offenses (money laundering, drug trafficking, corruption), and federal criminal procedure under the adversarial system (CPPF / CPPN).

15%

Administrative, Labor and Social Security Law

National Administrative Procedure Act (LNPA Ley 19.549), administrative acts, state liability (Ley 26.944), precautionary measures against the state (Ley 26.854), individual labor contract law (LCT Ley 20.744), labor procedure (Ley 18.345), and constitutional social security principles.

15%

Judicial Ethics, Magistrate Regime and Case Resolution

Ley Orgánica del Consejo de la Magistratura (Ley 24.937/26.080), magistrate status and independence (Art. 110 CN), impeachment and removal (Art. 115 CN), judicial ethics codes, reasonableness and duty of motivation in judicial decisions (Art. 3 CCCN).

How to Pass the Concurso Magistratura Nación Exam

What You Need to Know

  • Passing score: Written opposition test scored up to 100 points and antecedents up to 100 points; a candidate cannot enter the terna or the interview list without at least 100 combined points, of which a minimum of 50 must come from the written opposition test (Art. 44). If fewer than three candidates reach that threshold the competition is declared desierto
  • Assessment: Multi-stage constitutional selection process under the Reglamento de Concursos (Res. CM 7/14 and amendments, consolidated 2023): (1) anonymised written opposition test on computers supplied by the Consejo, duration fixed by the jury and not exceeding 8 hours, scored up to 100 points; (2) evaluation of professional and academic antecedents, up to 100 points (70 professional — 30 trayectoria and 40 especialidad — plus 30 academic split between publications, teaching and postgraduate study); (3) personal interview before the Comisión de Selección together with a psychological and psychotechnical examination; and (4) a Plenario public hearing that approves the binding terna sent to the Executive.
  • Time limit: Fixed by the jury for each competition; the Reglamento caps the written opposition test at eight (8) hours
  • Exam fee: No arancel is established by the Reglamento de Concursos; inscription is electronic and free of charge

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Concurso Magistratura Nación Study Tips from Top Performers

1Master Article 75 inciso 22 of the Constitution and know which international treaties enjoy constitutional hierarchy, including the American Convention on Human Rights (Pact of San José).
2Understand the requirements for the Recurso Extraordinario Federal under Article 14 of Ley 48, specifically federal question (cuestión federal), final judgment, and superior court of the cause.
3Review the core innovations of the Código Civil y Comercial de la Nación (Ley 26.994), including the duty of reasoned decision-making (Art. 3), good faith, abuse of rights, and the preventive function of civil liability.
4Thoroughly analyze the federal adversarial criminal procedure model (CPPF), focusing on the strict separation of judicial and prosecutorial roles, oral hearings, and evidentiary exclusions.
5Memorize the legal framework of the Consejo de la Magistratura (Ley 24.937) and the constitutional guarantees of judicial independence (Art. 110 CN on salary intangibility and life tenure during good behavior).

Frequently Asked Questions

What is the Concurso de Magistrados del Poder Judicial de la Nación?

It is the constitutional public competition organized by the Consejo de la Magistratura de la Nación under Article 114 of the Argentine Constitution to select candidate judges for federal and national courts through objective merit and written opposition exams.

What is the format and duration of the written opposition test?

Candidates draft a resolution or judgment on one or more real or imaginary cases drawn at the sitting, as they would have to do while holding the post. The test is taken simultaneously by all candidates on computers supplied by the Consejo, under a numeric anonymity code, and its duration is fixed by the jury for each competition and cannot exceed eight hours.

What score does a candidate need to reach the terna?

The jury scores the written test with up to 100 points and antecedents are scored with up to 100 points. Under Article 44 of the Reglamento, no one may enter the terna or the list of candidates called to interview without at least 100 points between antecedents and opposition, of which at least 50 must come from the written test. If fewer than three candidates reach that mark the competition is declared desierto.

How are judges appointed following the competition?

The Consejo de la Magistratura approves a binding terna of three candidates and sends it to the President of the Nation, who selects one and submits the nomination to the Senate. Under Article 99 inc. 4 CN, judges of the lower federal courts are appointed with the accord of the Senate in a public session; the reinforced majority of two-thirds of the members present applies to justices of the Supreme Court.

Are there any fees to register or participate in the competition?

The Reglamento de Concursos does not establish any arancel, and inscription is made free of charge through the electronic system of the Poder Judicial de la Nación and the Consejo de la Magistratura.

Is this practice bank an official exam simulator?

No. The official test is a written case-drafting exercise in Spanish, graded by a jury. This bank is an English-language multiple-choice study adaptation of the underlying law and case-law: it is not an official translation, does not reproduce the drafting format, and cannot replace practice at writing judicial resolutions. Its content-area percentages are our own study allocation, not official examination weightings.