The Argentine justice system declares invalid the labor reform that Milei imposed with a megadecree

The Argentine justice system has declared the “constitutional invalidity” of the labor reform that the president, Javier Milei, imposed through a megadecree.

A federal court specialized in labor matters, the Chamber of Labor, annulled, earlier this month, a part of the decree of necessity and urgency (DNU) that the far-rightist signed on December 20.

The Government appealed that decision and this Tuesday the court's final ruling was announced, which the Executive may appeal again to the Supreme Court: the chamber annulled all the articles of the labor chapter of the reform "for being contrary to article 99 of the National Constitution”, which defines the powers of the president.

Although it is a strong blow to the measure, most of the hundreds of regulatory changes and derogations that the Government imposed by decree remain in force.

The first instance ruling presented as a central argument for suspending a part of the megadecree that neither the need nor the urgency for the Executive to bypass Parliament is proven.

Decrees of necessity and urgency are an exceptional constitutional mechanism that, in a scenario of natural or social catastrophe, allows the Government to dictate or modify laws to address an urgent matter that cannot wait for debate in Congress.

But among constitutional lawyers there is a consensus that this is not the case with the decree signed by Milei and that was the majority opinion expressed in the first instance judicial document.

In that document, the court declared the nullity of six articles of the labor chapter but had left the others in force.

The ruling issued this Tuesday resolves to “modify the appealed sentence” and include the entire chapter.

The judges have once again highlighted that “the admission of the exercise of legislative powers by the Executive Branch is made under conditions of rigorous exceptionalism.”

The court has considered that, when Milei imposed hundreds of measures by decree to reform the Argentine State, “there was no impediment to the meeting of the chambers of Congress.”

“Prior to the date of entry into force of DNU 70/2023, the legislative body was convened, in office, and with powers to examine the content of the reforms promoted in said DNU,” says the document, which has had access EL PAÍS.

“Justice ruled us right.

The labor chamber declared the entire chapter 4 of the DNU unconstitutional,” unionist Héctor Daer celebrated on the social network X. The unions promoted the protection at the end of December.

That day, they made a first demonstration of force in the streets to reject the megadecree in a rally in front of the court headquarters in Buenos Aires.

While this was happening, the Government announced the sending to Congress of a law with more than 600 articles that fundamentally change a good part of the political, social and economic structure of Argentina.

The

, so called because of its extension and variety of issues, was considered by the union leadership “exponentially worse” than the megadecree and forced the CGT to announce a general strike, which was done last Wednesday.

Justice ruled us right.

The labor chamber declared entire chapter 4 of the DNU unconstitutional.

He accompanied the ruling with the final sentence.

#NoAlDNUyLeyOmnibus pic.twitter.com/REmFHNerDa

— Héctor Daer (@hectordaer) January 30, 2024

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