Court Halts Necessity and Urgency Decrees, Raising Doubts Over Government Plans

Argentina's Supreme Court has delivered a significant blow to the executive branch by declaring a 2019 Decree of Necessity and Urgency (DNU) unconstitutional. This ruling casts doubt on numerous government initiatives that rely on similar executive orders, highlighting a potential shift in the balance of power.

The Court's decision centered on a DNU issued by former President Mauricio Macri that altered the jurisdiction of a specific legal forum. In its judgment, the Court asserted that the National Constitution grants the power to regulate federal court jurisdiction exclusively to Congress. It stressed that the executive branch's legislative powers are permissible only under strictly exceptional circumstances and must adhere to formal requirements that limit, rather than expand, their use.

The ruling underscored that issuing a DNU requires a genuine state of necessity and urgency, meaning Congress is unable to convene or the situation demands immediate action beyond the normal legislative process. The Court noted that these extraordinary conditions were neither cited nor explained in Macri's 2019 decree. Furthermore, the Court pointed out that the prolonged period since the decree's issuance, without any congressional review, does not exempt it from judicial scrutiny.

This judicial action has amplified the already tense internal dynamics within the Supreme Court itself. Reports suggest a division among the justices, with potential alliances forming around key political figures. The ruling's broad interpretation of DNU limitations could have far-reaching consequences, potentially affecting not only the current government's agenda but also the interests of the provinces.