Event Summary
On 30 June 2025, Judge Moira Fullana, of the National Court of First Instance of Labour Nº3, declared unconstitutional articles 2 and 3 of the Decree of Necessity and Urgency (DNU) 340/2025, promoted by the National Executive Power. This final ruling reaffirms a previous injunction that had already suspended the decree for violations of fundamental rights.
Passed on 21 May 2025, decree 340/2025 imposed restrictions on the right to strike in the sectors of transport, education, and health, classifying these as essential activities that need to guarantee a minimum of 50-75% of services to continue in the event of a strike. The decree was criticized by Argentinian civil society and unions for violating freedoms of assembly and association.
In his decision, Judge Fullana argued that the decree violated article 99, section 3, of the National Constitution by usurping legislative powers in the full operation of Congress. He pointed out that, at the time the decree was issued, Congress was in ordinary sessions, invalidating the exceptionality required for this type of instrument.
The ruling not only formally invalidates the Decree of Necessity and Urgency, but also points out that the restrictions on the right to strike contained in articles 2 and 3 had a direct impact on freedom of association and the right to strike, protected by article 14 bis of the Constitution, ILO Convention 87, the American Convention on Human Rights (ACHR) and the Protocol of San Salvador (PISDEC). According to the court ruling, these provisions contradicted international standards on the matter, arbitrarily expanding the list of essential services.
The Executive Branch has not yet issued an official statement, but it is expected to appeal to the Supreme Court.