Labor justice accepted the precautionary measure presented by the General Confederation of Labor (CGT) against Javier Milei’s new attempt to limit the right to strike, which ATE had also presented and other union organizations. The measure temporarily suspends articles 2 and 3 of the Decree of necessity and urgency (DNU) 340/25 until final judgment is issued.
Judge Moira Fullana admitted the viability of the amparo presented by the Workers’ Central and in that way made a precautionary measure to suspend the effects of the articles that expanded the activities considered “essential” and “transcendental” which in particular prohibited the exercise of a right such as the strike.
The head of the Court No. 3 raised in its recitals arguments above all institutional: “In our constitutional system, the National Congress is the only titular body of the legislative function” and emphasizes that, therefore, “the admission of the legislative powers by the Executive Power is made under conditions of excessive rigor and subject to formal demands.” He doubts, “in a preliminary way and without a degree of certainty can be achieved (…) if the real and emergency circumstances are enough to likely justify the exercise of the exceptional powers granted to the National Executive Power in cases of need and urgency.” One of the foundations is that the National Congress is in operation.
🚨The Justice suspended the DNU 340 that limits the right to strike. It was from a presentation of the CGT. pic.twitter.com/LGiAlIcL92
– Luciana Bertoia (@LucianaBerto) June 2, 2025
But the judge also emphasizes that the object of debate is a “right previously enshrined in the National Constitution of the Argentine Republic in the last paragraph that guarantees the guilds the right to strike.” And also that the validity of the regulations would already be affecting rights: “Meeting preliminary configured the danger in the delay since the questioned norm could violate the exercise of the rights derived from the freedom of association that enjoy the broadest legal and supralegal guarantee (CN art. 14 bis, Law 23.551, Agreement 87 ILO and other international pacts)”.
It is that we are, on the one hand, a legal mamarracho; on the other, before a political attack on the right of organization and protest of the working class. The Government evaluated as probable again to be suspended.
But it is also important to make a political reading of these attacks. The Government and the great entrepreneurs want to impose their adjustment and reform plans with the least possible resistance. It does not reach them with the pacts that it regularly makes with the union driving, which in any way will defend the right of strike as its negotiation weapon. You also need to have all sectors that break that truce and take action tied and hands. Teaching in many provinces, health personnel as we see now in La Garrahan, sectors such as the SECCO electric ones that on Monday began unemployment, as well as the strike that moved Tierra del Fuego for 10 days.
The CGT is still curled at the “court struggle.” Decree vs precautionary. Milei’s new attempt makes it clear that no precautionary defeats those attacks on the most elementary democratic rights. That is why from the class groups we have been insisting on the need to definitely throw down the entire 70/23 DNU. A general strike that continues with a struggle plan “would kill two birds of a shot”: on the one hand I would confirm that the right of strike will never be delivered; for another that each of those rights and claims are alive and will be conquered with the fight.
Can you imagine whether the Supreme Court, four unpresentable judges, decide to prove the government? Therefore, the working class needs fewer judicial halls and more full streets.
Source: www.laizquierdadiario.com
