A federal judge in Campana declared invalid the presidential decree suspending the Disability Emergency Law and ordered its immediate application nationwide. The ruling rejects the Government's fiscal arguments and emphasizes protection of vulnerable rights. The Executive announced it will appeal the decision.
On Friday, December 12, 2025, federal judge Adrián González Charvay of the Campana Federal Court ruled in favor of a collective amparo filed by families and disability associations. He declared invalid the suspension imposed by Presidential Decree 681/2025, under which President Javier Milei had promulgated Law 27.793 but left it suspended citing lack of specific funds.
The law, approved by Congress in July 2024, declares a disability emergency until the end of 2027. After a presidential veto rejected by the Senate in September 2024 with 63 votes in favor and 7 against, the Government resorted to this measure to avoid enforcement. The judge argued that the Constitution requires the Executive to promulgate and execute the law without conditions, and that the suspension violates legislative powers by subordinating a statute to lesser regulations.
González Charvay rejected the Health Ministry's fiscal claims, which warned of risks to budgetary balance. He noted that, since December 2023, the Government had made over 19 budgetary modifications for other purposes, enabled by Congress to the Chief of Staff. The ruling invokes jurisprudence from the Supreme Court and the Inter-American Court of Human Rights, which prohibit setbacks in social rights and demand reinforced protection for people with disabilities, especially children and older adults.
The judge ordered immediate application of the law nationwide, imposed costs on the national State, and mandated publication in the Public Registry of Collective Processes. The Government confirmed it will appeal to the Federal Court of Appeals in San Martín, arguing the sentence invades executive powers and threatens fiscal balance. This decision reaffirms constitutional limits on fundamental rights amid tensions between branches of government.
