De la energía como derecho humano hacia la mercantilización de esta. Crítica estructural a la reforma de las Leyes N° 15.336 y 24.065 bajo el Decreto N° 450/2025

Abstract

This study analyzes the impact of Decree No. 450/2025 on the Argentine electricity legal framework, which transforms electricity from an essential public service into a commodity governed by private contracts. A doctrinal and critical legal methodology is used, examining the normative changes, their alignment with human rights standards, and comparative experiences. The reform redefines the legal nature of electricity as a “tradable good,” eliminates social tariffs, fully transfers Wholesale Electricity Market costs to consumers, and limits provincial intervention. It also strips the Federal Electricity Council of its functions and centralizes decisions within the Ministry of Energy, weakening the autonomy of the regulatory agency ENRGE and reducing citizen participation. The findings indicate that this regulation fosters social regressivity, deepens energy poverty, and amplifies territorial and economic inequalities. The commodification of the service undermines fundamental rights, including housing, health, education, and work, and violates the principle of non-regression of economic and social rights. Recent institutional and political centralization diminishes democratic oversight and federal energy governance, leaving users and provinces vulnerable. The study highlights the need to restore energy as a human right, reinstate social tariffs, strengthen federalism, and ensure regulatory autonomy and citizen participation.