Judiciary to rule on protective writ against Milei’s mega-decree

Legal challenges to the decree argue that it violates the separation of powers, which prohibit presidents from passing laws

A federal court has admitted a lawsuit arguing that President Javier Milei’s economic deregulation mega-decree is unconstitutional and should be annulled.

Judge Esteban Funari’s administrative litigation court ruled Saturday that the protective writ, filed by social organizations and unions, should be sent to a federal prosecutor and handled as a class-action protective writ.

On Wednesday night, Milei announced that he would implement major economic, labor and financial reforms via a kind of presidential decree known as a “decree of necessity and urgency.” It included 366 articles including the repeal of the rental market law, measures to privatize state-owned companies, and the elimination of consumer protection regulations, effectively lifting price controls.

The protective writ against it, known in Spanish as an amparo, was filed on Thursday by the Argentine Workers’ Central Autonomous branch (CTA-A, by its Spanish acronym), the State Workers Association (ATE) and the City Law Observatory.

The challenge argues that the decree violates an article in Argentina’s Constitution that says presidents cannot legislate, except in exceptional circumstances of “necessity and urgency” that make it impossible to follow the normal procedures to pass laws in Congress. Such decrees are typically used to respond to situations such as the COVID-19 pandemic and natural disasters.

Critics say Milei’s attempted reforms are by no means urgent enough to justify passing them by decree. The injunction said that the decree involved “a diversion of power and an abuse of public law” that “goes against republican principles, the separation of powers and democracy.”

On Friday, constitutional lawyer Andrés Gil Domínguez filed a request for the decree to be declared unconstitutional and annulled on the grounds that it violates the separation of powers. Other legal challenges are expected in the coming days.

The General Confederation of Labor (CGT) decided on Thursday to start filing injunctions against Milei’s decree in every possible court, and will march to the Palace of Justice on Wednesday to challenge the decree.

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