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Argentine labor reform proposed by Milei declared unconstitutional

This is another judicial setback that the Milei administration received this week.
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Published at: 30/01/2024 10:31 PM

The Argentine National Labor Appeals Chamber ruled in favor of the appeal filed by the union General Confederation of Labor (CGT) and declared the labor reform presented by President Javier Milei unconstitutionality, in his Decree of Necessity and Urgency (DNU), reported the Russia Today website.

In a TN report, it specifies that the ruling signed by judges Manuel Diez Selva, Héctor Guisado and Mario Fera covers articles 73, 79, 86, 87, 88 and 97 of the DNU.

The Ámbito portal explains that in endorsing the CGT's claim, the Chamber rejected the appeal filed by the Government, while stressing that the document stating the grounds for the judgment contains more than 30 pages.

Among other arguments, it was emphasized that “the 'need' to adopt such numerous measures is not objectively evidenced”, and it is made clear that even if this could eventually be justified, the “urgency” used by the Casa Rosada to dispense with the intervention of the Legislature in matters that fall within its competence would still not be demonstrated.

In addition, the judges considered that “there was no impediment to the meeting of the Chambers of Congress, and even on December 27, 2023, that is, prior to the date of entry into force of DNU 70/2023, the legislative body was convened, in office, and empowered to examine the content of the reforms promoted in that DNU”.

It emphasizes that although the Court of Appeals decided on the merits and the ruling can be considered final, it does not mean that the labor reform proposed by the Executive has collapsed hopelessly.

The players clarified that this “will have formal validity in the case of ratification by both houses [of Congress] within the current special session”, although otherwise, “its validity will cease”.

Despite this, the news was celebrated on the social network X, by the general secretary of the Federation of Health Workers of Argentina, Héctor Daer, who described the resolution as “a victory” and stressed the definitive nature of the sentence.

This is another judicial setback that the Milei administration received this week. The day before, a federal court accepted an application for amparo to avoid the repeal of the Land Law in force since 2011, which, among other issues, limits the amount of land that foreigners can own.

For his part, trade union activist Ignacio Cámpora pointed out that the Argentine head of state generates chaos in the labor system. He also assured that, if the decree is not declared unconstitutional, the People will take to the streets.



Mazo News Team