Human & Constitutional Rights, Documents

CONSTITUTION OF THE ARGENTINE NATION

Santa Fe - Parana
-1994-

Section II: The Executive Power

Chapter I

Of Its Nature and Duration

Article 87. The Executive Power of the Nation shall be discharged by a citizen with the title of "President of the Argentine Nation."

Article 88. In case of illness, absence from the Capital, death, resignation, or removal of the President, the Executive Power shall be exercised by the Vice President of the Nation. In event of the removal, death, resignation, or incapacity of the President and the Vice President of the Nation, the Congress shall determine which public official shall fill the Presidency until the cause for the disability ceases or a new President is elected.

Article 89. To be elected President or Vice President of the Nation requires one to have been born in Argentine territory or if one was born in a foreign country, to be the child of a native citizen and [to possess] the other qualifications required to be elected Senator.

Article 90. The President and Vice President shall remain in office for a term of four years and may be reelected or succeed each other for only one consecutive term. If they have been reelected or succeeded each other, they may not be elected to either office, except after the interval of a term.

Article 91. The President of the Nation leaves office the day that his four-year term expires; without any event that may have interrupted his term being considered as a reason for completing it later.

Article 92. The President and Vice President enjoy a salary paid out from the Treasury of the Nation, which may not be altered during the term of their appointment. During that term, they may not hold other employment, or receive any other emolument from the Nation, or from any Province.

Article 93. On assuming office, the President and Vice President shall take an oath, consistent with their religious beliefs, administered by the President of the Senate and before the assembled Congress, to: "discharge with loyalty and patriotism the office of President (or Vice President) of the Nation and to observe and have faithfully observed the Constitution of the Argentine Nation."

Chapter II

Of The Manner and Time of the Election of the President and Vice President of the Nation

Article 94. The President and the Vice President of the Nation shall be elected directly by the People, in two rounds, as established by this Constitution. To this end, the national territory shall comprise a single district.

Article 95. The election shall be held within the two months prior to the conclusion of the mandate of the President in office.

Article 96. The second electoral round, should it be required, shall be held between the two tickets of candidates receiving the most votes, within thirty days after the first electoral round.

Article 97. When the ticket that received the most votes in the first round has obtained more than forty-five percent of the validly cast affirmative votes, its candidates shall be proclaimed President and Vice President of the Nation.

Article 98. When the ticket that received the most votes in the first round obtains at least forty percent of the validly cast affirmative votes and, in addition, there also exists a difference greater than ten percentage points with respect to the total of the affirmative votes validly cast for that ticket over the ticket that follows it in number of votes, its candidates shall be proclaimed President and Vice President of the Nation.

Chapter III

The Powers of the Executive

Article 99. The President of the Nation has the following powers:

1. He is the supreme chief of the Nation, chief of the government, and the politician responsible for the general administration of the country.

2. He issues the instructions and regulations that may be necessary for the execution of the laws of the Nation, being careful not to alter their spirit through regulatory exceptions.

3. He participates in the enactment of the laws according to the Constitution, promulgates them, and has them published.

The Executive Power may not issue dispositions of a legislative nature in any case whatsoever, under penalty of their absolute and incurable nullity.

Only when exceptional circumstances make it impossible to follow the regular procedures provided by this Constitution for the passing of laws, and the situation does not involve rules that regulate criminal, tax, or electoral matters or the regime governing political parties, may [the President] dictate decrees by reason of necessity and urgency, which are to be decided at a general meeting of Ministers, who must endorse them, together with the Chief of the Cabinet of Ministers.

The Chief of the Cabinet of Ministers, personally and within ten days, shall submit the measure for the consideration of the Standing Bicameral Committee, whose membership must reflect the proportion of the political representation of each Chamber. This Committee shall forward its report within ten days to a plenary session of each Chamber for its express treatment, which the Chambers shall consider immediately. A special law approved by an absolute majority of the totality of the members of each Chamber shall regulate the procedure and the scope of the intervention of Congress.

4. He appoints the judges of the Supreme Court, with the consent of the Senate by two-thirds of its members present, in a public session convened for that purpose.

He appoints the judges of lower Federal tribunals, taking into account the qualifications of the candidates, based on a binding list of three candidates nominated by the Judicial Council, with the [subsequent] consent of the Senate, [convened] in public session.

A new appointment, preceded by the same consent, shall be necessary in order to maintain in office any of these magistrates once they attain the age of seventy-five. All appointments of magistrates whose age is that indicated or greater shall be made for five years and may be repeated indefinitely following the same procedure.

5. He may grant pardons or commute punishment for crimes subject to federal jurisdiction, after a report by the appropriate court, except in cases of impeachment by the Chamber of Deputies.

6. He may grant retirement pensions, retirements, leaves of absence, and pensions in accordance with the laws of the Nation.

7. He may appoint and remove ambassadors, Ministers plenipotentiary, and chargés d'affaires, with the consent of the Senate; on his own, he may appoint and remove the Chief of the Cabinet of Ministers and the other Ministers of the Cabinet, the officials of his office, consular agents, and employees whose appointment is not otherwise regulated by this Constitution.

8. He shall open the sessions of Congress each year, with both Chambers meeting together for this purpose, and shall offer an account on that occasion of the state of the Nation, [and] of the reforms promised by the Constitution, and recommend for the consideration of Congress those measures he deems necessary and fitting.

9. He extends the regular sessions of Congress, or convokes it for extraordinary sessions when an important interest in order or progress requires it.

10. He supervises the exercise of authority by the Chief of the Cabinet of Ministers regarding the collection of the Nation's revenues and their investment, in accordance with the law or the budget of National expenditures.

11. He concludes and signs treaties, concordats, and other negotiations required for the maintenance of good relations with international organizations and foreign nations, and receives their Ministers and admits their consuls.

12. He is commander-in-chief of all Armed Forces of the Nation.

13. He fills the military posts of the Nation: with the consent of the Senate, in the concession of posts or ranks of superior officers of the Armed Forces; and by himself on the battlefield.

14. He has the Armed Forces at his disposal, and takes charge of their organization and deployment, according to the needs of the Nation.

15. He declares war and orders reprisals with the authorization and approval of Congress.

16. He declares in a state of siege one or various parts of the Nation, in case of foreign invasion and for a limited time, with the consent of the Senate. In the event of internal disorder, he has this power only when Congress is in recess, because this is a power belonging to that body. The President exercises this power with the limitations prescribed in article 23.

17. He may request any information he considers appropriate from the Chief of the Cabinet of Ministers and from the heads of all branches and departments of the administration, and, through them, from all other employees, and they are required to provide it.

18. He may leave the territory of the Nation with the permission of Congress. During Congressional recess, he may only do so without permission for reasons justified by public service.

19. He may fill vacancies in offices that require the consent of the Senate and that occur during its recess, by means of temporary appointments that shall expire at the end of the next Legislative session.

20. He decrees the Federal intervention of a Province or of the City of Buenos Aires in the event of Congressional recess, and he must simultaneously convene Congress to consider it.

Chapter IV

Concerning the Chief of the Cabinet and Other Ministers of the Executive Branch

Article 100. The Chief of the Cabinet of Ministers and other Secretary-Ministers, whose number and competence shall be established by a special law, shall have under their responsibility the handling of the Nation's business, and shall endorse and legalize the acts of the President through their signatures, without which the [President's] acts have no effect.

The Chief of the Cabinet of Ministers, who has political responsibility to the National Congress, shall have the power:

1. To exercise the general administration of the country.

2. To issue the acts and regulations that may be necessary to exercise the powers that this article grants to him and those that the President of the Nation delegates to him, with the endorsement of the Secretary-Minister of the branch to which the act or regulation refers.

3. To make the appointments of employees of the administration, except for those [appointments] which fall to the President.

4. To exercise the functions and powers that the President of the Nation may delegate to him, and to resolve with the consent of the Cabinet matters that the Executive Power may assign to him, or upon his own initiative matters that he deems necessary within the scope of his competence.

5. To coordinate, prepare for, and convene sessions of the Cabinet of Ministers, presiding over them in the event of the President's absence.

6. To send to Congress the bills concerning the Ministries and the National Budget, after previous [favorable] treatment at a Cabinet meeting and approval by the Executive Power.

7. To see to the collection of the revenues of the Nation and to execute the National Budget law.

8. To approve decrees establishing implementing regulations for laws, decrees that provide for the extension of ordinary sessions of Congress or the convening of extraordinary sessions, and the messages of the President promoting a legislative initiative.

9. To attend sessions of Congress and participate in its debates, but without voting.

10. Once ordinary sessions of Congress have begun, to present together with the other Ministers a detailed account of the state of the Nation concerning the affairs of the respective departments.

11. To produce the verbal or written reports and explanations that any of the Chambers may request from the Executive Power.

12. To approve decrees that exercise powers delegated by Congress, which shall be subject to the review of the Standing Bicameral Committee.

13.To approve, jointly with the other Ministers, decrees of necessity and urgency and decrees that partially promulgate laws. He shall personally submit these decrees for consideration by the Standing Bicameral Committee within ten days of their enactment.

The Chief of the Cabinet of Ministers may not simultaneously hold another ministry.

Article 101. The Chief of the Cabinet of Ministers must attend Congress at least once a month, attending each Chamber alternately, to inform them of the government's progress, without prejudice to what is provided for in Article 71. He may be cross-examined for the purposes of considering a censure motion, by an absolute majority vote of the totality of the members of either of the Chambers, and he may be removed by an absolute majority vote of the members of each of the Chambers.

Article 102. Each minister is responsible for the acts that he legalizes and is jointly responsible for those in which he concurs with his colleagues.

Article 103. Ministers may not, in any case, issue resolutions on their own, except for those concerning the economic and administrative system of their respective departments.

Article 104. Once the Congress has opened its sessions, the Ministers of the Cabinet shall submit a detailed report on the state of the Nation as it relates to the affairs of their respective departments.

Article 105. Ministers may not be Senators or Deputies without first resigning their office as Minister.

Article 106. Ministers may attend the sessions of Congress and take part in their debates, but they may not vote.

Article 107. Ministers shall receive a salary established by law for their services, which may not be increased or decreased in favor of or to the detriment of those who are already in office.


Note:  Except where otherwise noted, this translation follows the text published in the Boletín Offical of August 23, 1994, including use of italics to indicate sections that were reformed by the Constitutional Convention of 1994 and the use of bold for emphasis.

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