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Court Reinstates Disability Emergency Law in Argentina After Invalidating Milei Decree

The government will appeal to the San Martín appeals court, leaving the ruling’s nationwide rollout in flux.

Overview

  • Federal judge Adrián González Charvay in Campana struck down Article 2 of Decree 681/2025 and ordered the immediate nationwide application of Law 27.793.
  • Congress had passed the law by insistence after a presidential veto, and the court cited Article 83 of the Constitution and disability rights treaties to bar a conditioned promulgation.
  • The decision mandates compensations for providers, allocations for production workshops, monthly tariff updates, audits, and a revision of the disability certificate (CUD), with an estimated fiscal cost of 0.22%–0.42% of GDP.
  • The court rejected fiscal objections, noting Congress empowered the Chief of Cabinet to reassign funds and that the Executive made more than nineteen budget modifications since December 2023 amid evidence of a systemic service crisis.
  • The administration confirmed it will challenge the ruling before the Cámara Federal de Apelaciones de San Martín, arguing overreach into budget authority and warning of risks to fiscal balance.