Court Orders Milei’s Government to Apply the University Funding Law
Argentina · EDUCATION
Key Facts
- —Court order Federal judge Martín Cormick, of Administrative Court No. 11, issued an injunction on 1 September 2026 covering operating money, salaries, scholarships and research.
- —Law Ley 27.795 governs university financing, including operating transfers and salary recomposition.
- —Appeal Congress reinstated the law over President Milei’s veto in September and October 2025; Decree 759/2025 promulgated it but suspended its execution.
- —Supreme Court The Supreme Court dismissed the government’s appeal against the parallel injunction on 25 June 2026. The budget office puts the law’s cost at 0.23% of GDP.
- —Other cases A similar injunction for other universities was confirmed on appeal and left standing by the Supreme Court
The injunction follows a pattern of court rulings across Argentina’s public universities, all seeking to enforce the same financing law.
A federal court has ordered the government to ensure university funding for the University of Buenos Aires (UBA) immediately. Judge Martín Cormick, of Federal Administrative Court No. 11, issued an injunction on 1 September 2026 requiring compliance with articles 4 to 7 of Ley 27.795.
Congress passed the university financing and teaching-salary law on 21 August 2025, President Javier Milei vetoed it on 10 September by Decree 647/2025, and both chambers reinstated it over his veto, by 174 votes to 62 in the Chamber of Deputies on 17 September and 58 to 7 in the Senate on 2 October.
The Court Order
Federal judge Martín Cormick issued an injunction dated 1 September 2026. It orders the national government to comply immediately with the university financing law, Ley 27.795.
The order applies to the University of Buenos Aires and covers operating expenses, salary recomposition, student scholarships and research funding. In a parallel ruling the same day, Cormick rejected the government’s request to lift an earlier injunction covering the national universities council and gave the state three days to report on its compliance.
The dispute centers on the application of the Ley de Financiamiento Universitario.
This law includes articles on operating transfers and salary recomposition for public universities.
Government’s Legal Challenge
The government’s core argument is that Decree 759/2025 promulgated the law but suspended its execution. It invokes article 38 of the financial administration law, under which any law authorising unbudgeted spending must specify the source of the funds.
It also invokes article 5 of Ley 24.629, which suspends such a law until the budget includes the appropriations. The decree put the 2025 cost at about 1.07 trillion pesos, while the congressional budget office estimated the law’s fiscal cost at 0.23% of gross domestic product.
The government filed an extraordinary federal appeal with suspensive effect against an earlier injunction in the same file. The Supreme Court dismissed it on 25 June 2026, leaving the order in force.
In addition, the government has taken the dispute to the Supreme Court. It argues there is no definitive judgment and contests the fiscal impact.
Wider Context of University Funding
The UBA case is part of a wider conflict over the government’s suspension or non-application of that law. Other universities have similar cases.
The Consejo Interuniversitario Nacional and 59 national universities obtained an injunction on 23 December 2025 ordering the state to comply. Chamber III of the federal administrative appeals court confirmed it on 31 March 2026, and the Supreme Court left it standing on 25 June 2026.
The University of Buenos Aires case is not a separate precedent: it was consolidated into that file on 30 December 2025.
Understanding the Injunction
A cautelar, translated here as an injunction, is a precautionary court order. It takes effect while the main case is still being decided.
This means the government must act now, not later. Meanwhile, the extraordinary federal appeal is still pending.
However, without suspensive effect, the order stands during the appeal process.
The University of Buenos Aires
The University of Buenos Aires is Argentina’s largest public university. It is central to this legal battle over university funding.
The government told the court that a 10 June 2026 agreement with the universities council and the teaching unions had removed the urgency behind the injunction. That accord set a 24.33% salary rise in two tranches, a 20% update to operating money and a 50% rise in student scholarships.
Cormick held that the state had not managed to demonstrate the positive impact it claimed. The universities called the deal a drop in the ocean, and teaching unions held 48-hour national strikes through August 2026 over the same dispute.
Where the Supreme Court Stands
On 25 June 2026 the Supreme Court dismissed the government’s appeal against the injunction in the national universities council case, into which the University of Buenos Aires action was consolidated on 30 December 2025.
The court did not rule on the merits, only that there was no final judgment to review. The underlying challenge to Decree 759/2025 is still before Judge Cormick.
Implications for University Funding
This injunction is a significant step for university funding in Argentina. It reinforces the legal obligation to fund public universities according to the law.
In short, the court has made clear that the government must comply with Ley 27.795. However, the final resolution may take time as appeals proceed.
What Happens Next
The government’s extraordinary federal appeal is now before the courts. It has also asked for suspensive effect, which would freeze the order.
Even so, similar cases have already been resolved in favor of universities. For instance, the Supreme Court left standing an injunction for other universities, which suggests a pattern.
A Precedent for Public Universities
This ruling could influence other public universities seeking to enforce the financing law. Since the Consejo Interuniversitario Nacional already won a similar case, the legal basis is strong.
Overall, the courts are consistently supporting the need for university funding. Although the government appeals, the judiciary has so far upheld the law.
Frequently Asked Questions
What does the injunction order the government to do?
The injunction orders the national government to comply immediately with the university financing law, Ley 27.795, for the University of Buenos Aires. This includes operating transfers and salary recomposition.
What is suspensive effect in this context?
Suspensive effect means an appeal freezes the order being appealed. Without it, the government must comply while the appeal is heard.
Has the Supreme Court ruled on the UBA case?
No, the Supreme Court has not ruled on the UBA case yet. The government has taken the dispute there, but no definitive judgment has been issued.
Are other universities affected by similar rulings?
Yes, the Consejo Interuniversitario Nacional and various national universities obtained a similar injunction. That order was confirmed by an appeals court and left standing by the Supreme Court.
Connected Coverage
Sources: Argentine federal courts; Consejo Interuniversitario Nacional; Argentine press.
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