Last September, the Senate rejected, by 63 votes in favor and only 7 against, the veto with which President Javier Milei tried to stop the law ratifying the disability emergency. The Libertarian government once again resorted to another legal shortcut to carry on without helping this very vulnerable section of society: it passed the law, but since it did not specify where the funds would come from, it suspended the matter. “Until Congress makes this point clear.”
The truth is that the federal judge of Campana ruled on this matter this Friday. Adrian González Charvay, who explained lifted this suspension of the validity of the state of emergency invalidity of the Milei management and ordered that Parliament must vote on the norm “to be executed immediately throughout the country.”
The law was passed by Congress in July last year and declared a disability-related emergency. until the end of 2027, Then the duel with Congress began, as the government vetoed the regulation and Parliament rejected this veto and ratified the state of emergency in this sector for one year. Against this background, the government has called for a further step and, through Decree 681/2025, suspended the entry into force of the effects of the emergency, since the Senate had not determined what funds should be used for the care of the disabled. Then there were new judicial protections. The basis for Judge Charvay’s decision were two families on behalf of their children, each of whom had a single disability certificate.
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The reasons for failure
This legal process Support from civil associations and organizations linked to the sector was later added across the country and had suspension as its main argument “It has left thousands of people defenseless” who rely on treatments, services and support that had already deteriorated due to the economic crisis and the brutal cuts in funding that the Libertarian government had ordered almost from the start.
On the government side The Ministry of Health defended the suspension on “fiscal grounds”. and warned that the application of the law without specific means ““Would endanger other state areas.”.
The ruling party also emphasized this “Budget reallocation was the responsibility of Congress, not the executive branch.”
However, these proposals were categorically rejected by González Charvay, pointing out that the Constitution obliges the executive branch after rejecting the presidential veto “to proclaim and execute the law without conditions.”
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On the other hand, the judge confirmed that the decree suspending the law had been repealed violate this mandate and subordinated a congressional rule to lower regulations, which constitutes “An encroachment on legislative powers”as detailed by the Noticias Argentinas agency.
The judge also questioned the government’s fiscal arguments and recalled that Congress had authorized the Chief of Staff to make the necessary redeployments and that from December 2023 More than nineteen budget amendments have already been made for other purposes.
The verdict highlighted what was special vulnerability of people with disabilities, mainly children and older adults, as well as the obligation of the State to adopt enhanced protection measures, relying on the jurisprudence of the Supreme Court and the Inter-American Court, which requires the avoidance of any impairment of social rights.
Finally, Judge González Charvay ordered the immediate application of Law 27,793, declared invalid the suspension provided for in Decree 681/2025, imposed costs on the State and ordered the publication of the decision in the public register of collective procedures. The court decision reaffirms the constitutional limits of the executive branch when it comes to fundamental social rights.
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