Argentina Faces Constitutional Challenge Over New IMF Deal

A legal challenge has been filed against President Javier Milei's decree allowing new borrowing from the IMF, citing constitutional violations and lack of legislative approval.


Argentina Faces Constitutional Challenge Over New IMF Deal

The head of the IMF, Kristalina Georgieva, and the Argentine president, Javier Milei, have reached an agreement to further indebt Argentina. However, a precautionary measure presented by Jonatan Baldiviezo, Marcos Zelaya, María Eva Koutsovitis, and Claudio Lozano argues that the Decree of Necessity and Urgency (DNU) 179/2025 signed by Milei is unconstitutional. The precautionary measure claims that the DNU violates several articles of the National Constitution, including 93 (subsection 3), 4, 29, 76, and 75 (subsections 4 and 7). It argues that this is a self-delegation of legislative powers by approving future public credit operations with the IMF without establishing limits or bases for negotiation. This new indebtedness, which has a term of 10 years and will begin to be repaid in 2029, according to the precautionary measure, does not respond to a situational issue but seeks to establish a permanent norm implicitly repealing Law No. 27.612, which requires congressional approval for agreements with the IMF. The requested measure seeks the annulment and unconstitutionality of DNU 179/2025, as well as the suspension of its effects and ordering the Executive Power not to sign any public credit operation with the IMF within the framework of that decree. The recent sessions of Congress raise doubts about the necessity and urgency of this DNU, which grants Milei the authorization to sign the new agreement with the IMF.