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Federal Judge Invalidates Milei’s Veto of Disability Emergency Law

Immediate benefit adjustments for two disabled minors underscore the court’s ruling that constitutional protections can override fiscal vetoes, signaling potential new legal actions.

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Marcha al Congreso contra el veto a la ley de discapacidad 5 agosto 2025 en Plaza Ciudad Autónoma Buenos Aires Argentina. FOTO: Francisco Loureiro - FTP CLARIN _MG_3983.JPG Z Invitado
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Overview

  • Judge Adrián González Charvay of the Federal Court in Campana declared Article 3 of Decree 534/2025 null, finding the presidential veto of Ley 27.793 unconstitutional in an amparo filed by a family of two children with disabilities.
  • The ruling compels the social insurer to restore and adjust the treatment and educational benefits for the two minors and assigns all legal costs to the National State.
  • Invoking Article 75(23) of the Constitution and international human rights obligations, the judge held that the rights to health, education and rehabilitation for disabled children prevail over budgetary restrictions.
  • As a first-instance decision limited to the plaintiffs, the verdict can be appealed by the executive but is expected to encourage similar amparo petitions across other jurisdictions.
  • The judgment reinvigorates national debate on financing and policy for disability benefits as the Milei administration prepares its response.