A group of national deputies from Unión por la Patria close to Axel Kicillof filed a criminal complaint today against President Javier Milei for the imminent signing of a decree of necessity and urgency to agree with the International Monetary Fund, in open violation of a national law and constitutional clauses. The presentation was sponsored by constitutional lawyer Eduardo Barcesat and includes the signatures of Juan Marino, Victoria Tolosa Paz, Hugo Yasky, Julio Pereyra, Brenda Vargas Matyi, and Sabrina Selva.
In the submitted document, it is stated that the intention of the National Executive Power to approve, via Decree of Necessity and Urgency, an agreement with the International Monetary Fund is in violation of both constitutional clauses and Law 27.612 on Strengthening Public Debt Sustainability (known as the Guzmán Law) of 2022. In the words of the deputies, "the preparatory actions we have reported could be classified as abuse of authority, violation of public official duties, and the figures in Title VIII of the Penal Code of the Argentine Nation."
The statement issued by the Office of the President of the Argentine Republic on March 6, 2025, informed that "a Decree of Necessity and Urgency will be issued and sent to the National Congress to obtain their support in the agreement with the International Monetary Fund." Subsequently, the spokesperson for the IMF, Julie Kozack, suggested in a press conference that passing the agreement through Congress "would not be a necessary condition" for the disbursements to occur.
In the grounds of the complaint, the national deputies pointed out that "it is outrageous that the International Monetary Fund intends to become the interpreter of the text of the Argentine National Constitution, apparently making gross errors and omissions." They also recalled that Decrees of Necessity and Urgency constitute an exception to the general rule and that we are in the full functioning of the activity of the Argentine National Congress, so nothing prevents the submission of a Bill to address the proposal for a new borrowing act.
In this context, once the decree is published and sent to Congress, it must be addressed within a period of ten working days by the Bicameral Commission for Parliamentary Processing to rule on its validity or invalidity. If that period elapses and it is not addressed, each chamber may convene a session at any time. For the DNU to be rejected, the rejection of both chambers will be required.
The maneuver by the Casa Rosada has generated controversy, as, while it is risky from a legal perspective, politically it is considered a bold move that allows it to advance in the agreement with the IMF without delay.
