30/06/2026 21:29 - Politica
The National Electoral Chamber (Cámara Nacional Electoral) has annulled Decree 366/2025, issued by President Javier Milei, which aimed to transfer the authority to grant Argentine citizenship to the National Directorate of Migrations. This power has historically been held by federal judges specializing in electoral matters.
The tribunal, composed of judges Santiago Corcuera, Alberto Dalla Via, and Daniel Bejas, reached this decision while resolving the case of Liping Yang, a Chinese citizen whose citizenship application had been rejected by the federal electoral judge of Entre Ríos province.
The decree sought to make the National Directorate of Migrations the agency responsible for verifying eligibility for citizenship. The Executive argued it was "unreasonable" for this process to remain under judicial oversight, but the Chamber determined these arguments responded to criteria of administrative convenience rather than constitutional emergency.
"By modifying the authority of courts to decide on the granting or denial of Argentine citizenship, it alters the regime established by the legislature for the acquisition of political rights", the judges stated in one of the ruling's central passages.
The tribunal recalled that Article 76 of the Constitution prohibits legislative delegation outside of cases expressly authorized by the Constitution itself, and that electoral norms occupy a specially protected place because they regulate the expression of popular will.
| Measure Ordered | Recipient |
|---|---|
| Annulment of the DNU regarding citizenship | All courts nationwide |
| Revocation of Liping Yang's rejection | Federal Court of Entre Ríos |
| Official communication | National Ministry of Security |
| Notification to all federal electoral judges | Entire country |
The Chamber ordered that Liping Yang's case continue under the regime established by Law 346 and its regulatory decree, which assign competence to federal judges. It also noted this was the first opportunity to rule on the validity of Decree 366/2025.
Decrees of Necessity and Urgency are tools the Argentine Constitution grants the Executive Branch to legislate exceptionally when Congress cannot act. However, they have express limits: they cannot be used for electoral, tax, criminal, or procedural matters, nor to alter citizens' political rights. This safeguard prevents executive overreach in sensitive democratic areas.
Source: Infobae
Alfredo S. Quiroga
