Kirchnerist judge Moira Fullana has once again ruled against a government DNU

Labor judge Moira Fullana, a well-known Kirchnerist activist, declared articles 2 and 3 of DNU 340/2025 unconstitutional, which regulated the right to strike in key sectors such as health, transportation, and education.

The ruling responds to an injunction filed by the CGT, one of the main union allies of Kirchnerism.

New judicial setback for Javier Milei's Government

The ruling represents another stumbling block for the Government in its attempt to regulate the operation of essential services during strikes. DNU 340 had been issued by the Executive Branch in May, aiming to guarantee between 50% and 75% of service provision in sensitive activities during union protests.

Judge Fullana, from National Labor Court No. 3, argued that the constitutional requirements of urgency and exceptionality for issuing a DNU were not met, since Congress was in session. According to her interpretation, there were no valid reasons to avoid the ordinary legislative process.

The Executive accuses Fullana of acting with ideological bias

From Casa Rosada, the response was immediate. Presidential spokesperson Manuel Adorni once again described Fullana as a "militant judge", considering that her rulings respond more to political interests than to legal grounds. She had already been questioned for ruling against the decree that eliminated the June 27 holiday, State Workers' Day, also at the request of ATE.

A DNU that resumed the labor chapter of DNU 70

DNU 340 reintroduced aspects of DNU 70/2023, blocked by the Judiciary. It expanded the list of essential activities, including sectors such as health, energy, river navigation, food, and education. The text required unions to guarantee high levels of service even during strikes.

The judge, however, considered that the measure exceeded the powers of the Executive and that it should be addressed by Congress. In her ruling, Fullana also questioned the Government's legislative technique, as it completely modified article 24 of Law 25.877 through a DNU.

Who is Moira Fullana

Moira Alicia Fullana was appointed judge in March 2021, during Alberto Fernández's term, after passing a public competition by the Council of the Judiciary. Born in Rojas, Buenos Aires province, she is a lawyer graduated from UBA and has spent more than three decades in the labor jurisdiction.

With repeated rulings against key measures of the current Government, her profile has raised suspicions among administration leaders, who politically link her to Kirchnerism, and especially to union sectors that have promoted legal actions in her court.