MercoPress. South Atlantic News Agency

Opposition lawmakers file criminal case against Milei over IMF loan decree

Milei's DNU is in violation, in the first place, of constitutional clauses, lawmakers such as Victoria Tolosa Paz argued

A group of opposition lawmakers filed a criminal complaint against Argentine President Javier Milei for signing an Emergency Decree (DNU) to enable a new ten-year agreement with the International Monetary Fund (IMF) aimed at canceling non-transferable Treasury bills held by the Central Bank (BCRA). The decree bypassed the traditional legislative process of sending a bill to Congress, which Economy Minister Luis Toto Caputo said was necessary given the urgent need for IMF support.

Under Argentine law, the DNU will be sent to Congress within ten days and reviewed by the Bicameral Commission of Legislative Procedure. If the commission does not act within ten working days, the chambers can vote on it directly. The decree remains valid unless both Houses of Congress reject it. In other words, a nod from either House is enough to keep the norm effective.

The government argues it does not violate existing laws, while the opposition contends it undermines legislative authority. The IMF has indicated that Congressional approval may not be required for disbursements, a stance criticized by the deputies as an overreach into Argentina’s constitutional framework.

The opposition specifically claims the DNU violates the 2021 Law for Strengthening the Sustainability of the Public Debt, which mandates Congressional approval for IMF agreements. A group of deputies from Unión por la Patria (UxP), aligned with Buenos Aires Governor Axel Kicillof, filed a criminal complaint against Milei, alleging abuse of authority and violation of constitutional and legal norms. The complaint, backed by constitutional lawyer Eduardo Barcesat and signed by Buenos Aires federal lawmakers Juan Marino, Victoria Tolosa Paz, Hugo Yasky, Julio Pereyra, Brenda Vargas Matyi, and Sabrina Selva, seeks to suspend the DNU’s implementation. All signatories are aligned with Buenos Aires Province Governor Axel Kicillof's faction within Peronism.

“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, in the first place, of constitutional clauses, and of Law 27.612” on Strengthening the Sustainability of the Public Debt (known as Guzmán Law) of 2022,“ they contended. ”The preparatory facts that we have denounced could be typified in the figures of abuse of authority, violation of the duties of a public official, and the figures of Title VIII of the Criminal Code of the Argentine Nation,“ they added while they requesting that ”the Court order the suspension of any act that could constitute the consummation of the criminal act.”

The Executive had announced last week that the agreement with the IMF would not be sent to Parliament through a bill but through a DNU. On March 6, 2025, the Office of the President of the Argentine Republic (OPRA) issued a statement saying that “a DNU will be issued and sent to the National Congress to obtain its support for the agreement with the IMF.”