Is the Decree 366/2025 unconstitutional?: the ongoing judicial debate

The Decree 366/2025 triggered fundamental legal challenges. The Federal Court No. 1 of Paraná ruled on the unconstitutionality of Title III of the decree, which modifies the Citizenship Law. This situation offers hope to those who had not initiated procedures prior to the amendment and have not yet reached two continuous years of legal residency.

The ruling of Federal Court No. 1 of Paraná

1. Absence of need and urgency

The judge noted that the decree invoked an "exceptional situation" that did not exist. Congress was in ordinary session, and there was no urgency justifying amending the Citizenship Law by decree. Emergency decrees are an exceptional tool authorized only when the ordinary legislative process is impossible.

2. Matters reserved to Congress

Article 75, paragraph 12 of the National Constitution establishes that it is the responsibility of Congress to 'enact general laws on naturalization and nationality'. This is a power that, in principle, the Executive Branch cannot exercise by decree.

The declaration of unconstitutionality is a last resort measure that is only applicable when the contradiction with the Constitution is clear and insurmountable. The judge considered that this threshold was reached in this case.

Scope of the ruling: inter partes effects

This ruling has limited effects on the specific case: it benefits the petitioner in that case and does not have general effects. Other applicants in similar situations must pursue their own legal actions.

At LM, we have already initiated petitions for unconstitutionality to guarantee access to Argentine citizenship for legal residents who did not yet have the required two years of continuous legal residency but who could prove compliance with the requirements described in Decree 3.213/84. We will provide updates through this channel!

What might happen in the future?

• Multiplication of cases with rulings of unconstitutionality in different jurisdictions

• Intervention of appellate courts to unify criteria

• Possible ruling by the Supreme Court of Justice

• Legislative review of the decree by Congress

  
  

Recommendation: The legal landscape regarding Argentine citizenship is currently particularly dynamic. No strategic decision regarding naturalization should be made without verifying the current state of applicable case law.