Federal judge Martín Cormick suspended the presidential decree halting the University Financing Law and ordered the government to immediately implement salary increases for teachers and student scholarships. The ruling deems the decree arbitrary and illegal, violating the separation of powers by disregarding Congress's insistence. The decision addresses a claim by the National Interuniversity Council to safeguard the right to education.
On December 23, 2025, Martín Cormick, head of the Federal Contentious Administrative Court No. 11, issued a ruling that marks a setback for Javier Milei's government. The judge granted a precautionary measure filed by the National Interuniversity Council (CIN), supported by constitutionalist Pablo Manili, and declared Decree 759/2025 inapplicable. This executive instrument had suspended the implementation of the University Financing Law (27.795), which both chambers of Congress had ratified after the presidential veto.
In his resolution, Cormick argued that the decree exhibits 'traits of arbitrariness and manifest illegality' by relying on a lower-ranking norm (article 5 of Law 24.629 on financial administration) to contradict a constitutional mandate. The judge stressed that the Executive cannot disregard legislative insistence, which requires two-thirds votes to override a veto, thus violating the principle of separation of powers. He further noted that the erosion of teachers' and students' incomes creates a 'danger in delay', impacting labor rights protected by international treaties and the right to teach and learn.
The ruling orders the National State to immediately comply with articles 5 and 6 of the law, reactivating salary updates and scholarships. Cormick weighed the public interest over the government's fiscal arguments, citing Congress's Budget Office estimates placing the cost at just 0.23% of GDP, a 'not very significant' impact that does not justify defunding the university system. The precautionary measure will remain in effect until a final ruling on the merits, prioritizing uninterrupted educational work.
