Human & Constitutional Rights, Documents

CONSTITUTION OF THE ARGENTINE NATION

Santa Fe - Parana
-1994-

TRANSITIONAL PROVISIONS

First. The Argentine Nation ratifies its legitimate and everlasting sovereignty over the Malvinas, South Georgia and Sandwich Islands and the corresponding maritime and insular areas, because they are an integral part of the National territory.

The regaining of said territories and the full exercise of sovereignty, while respecting the lifestyle of their inhabitants, and in conformity with principles of international law, constitute a permanent and unwaivable objective of the Argentine people.

Second. The affirmative actions to which the last paragraph of Article 37 refers may not be weaker than those existing at the time this Constitution is sanctioned and they shall last for the time that the law determines.

(This relates to Article 37.)

Third. The law that regulates the exercise of the popular initiative must be approved within eighteen months of the adoption of this Constitution.

(This relates to Article 39.)

Fourth. The current members of the National Senate shall remain in office until the expiration of their individual terms.

Upon the renewal of one-third of the Senate in 1995, as a result of the conclusion of the terms in office of all the Senators elected in 1986, a third Senator shall be appointed for each district by each Legislature. The group of Senators for each district shall be composed, insofar as possible, so that two seats belong to the political party or electoral alliance having the greatest number of members in the Legislature, and the remaining seat to the political party or electoral alliance that follows it in number of members. In case of a tie, the political party or electoral alliance that obtained the greatest number of votes in the immediately preceding Provincial legislative election shall prevail.

The election of the Senators who will replace those whose terms expire in 1998, as well as the election of whomever might replace any of the current Senators in case of the application of Article 62, shall be conducted by these same rules for appointment. However, the political party or electoral alliance having the greatest number of members in the Legislature at the time of the election of the Senator shall have the right to have its candidate elected, with the sole limitation that the three Senators not turn out to be from the same political party or electoral alliance.

These rules shall also apply to the election of Senators for the City of Buenos Aires, in 1995 by the voters, and in 1998 by the legislative body of the City.

The election of all the Senators referred to in this clause shall be carried out no less than sixty nor more than ninety days before the time when the Senator must assume office.

In all cases, candidates for Senator shall be nominated by the political parties or electoral alliances. The fulfillment of the legal and statutory requirements for nomination as a candidate shall be certified by the National Electoral Judiciary and reported to the Legislature.

Every time a National Senator is elected, a substitute shall be designated who shall assume office in the cases specified by Article 62.

The terms in office of Senators elected by the application of this transitional provision shall last until December 9, 2001.

(This relates to Article 54.)

Fifth. All members of the Senate shall be elected in the manner indicated in Article 54 within the two months prior to December 10, 2001; after they meet, they are to decide by lot who must leave office in the first biennium and who in the second biennium.

(This relates to Article 56.)

Sixth. A system of co-participation shall be established before the end of the year 1996 in conformity with the provisions of clause 2 of Article 75 and with the regulations organizing the Federal tax bureau; the distribution of jurisdictions, services, and functions existing at the time of the adoption of this reform may not be modified without the approval of the interested Province; neither may the distribution of revenues existing at the time of the adoption of this reform be modified to the detriment of the Provinces; and, in both [cases, the restriction on changes continues] until the establishment of the aforementioned system of co-participation.

The present clause does not affect administrative or judicial claims currently in process that originate in disputes over the distribution of jurisdiction, services, functions, or revenues between the Nation and the Provinces.

(This relates to Article 75, clause 2.)

Seventh. Congress shall exercise the legislative powers it retains in accordance with Article 129 in the City of Buenos Aires, so long as Buenos Aires is the Capital of the Nation.

(This relates to Article 75, clause 30.)

Eighth. Pre-existing delegated legislation that does not contain an established length of time for its continuation in force shall expire at the end of five years from the effective date of this provision, except for that legislation which the National Congress expressly ratifies through a new law.

(This relates to Article 76.)

Ninth. The term of the President currently in office at the time this reform is adopted must be considered as [his] first term.

(This relates to Article 90.)

Tenth. The term of the President of the Nation who assumes office on July 8, 1995, shall end on December 10, 1999.

(This relates to Article 90.)

Eleventh. The expiration of appointments and the limited duration provided for in Article 99, clause 4, shall take effect five years after the adoption of this constitutional reform.

(This relates to Article 99, clause 4.)

Twelfth. The mandates established in Articles 100 and 101 of Chapter IV of Section II of the Second Part of this Constitution, which pertain to the Chief of the Cabinet of Ministers, shall take effect on July 8, 1995.

The Chief of the Cabinet of Ministers shall be designated for the first time on July 8, 1995; until this date, his powers are to be exercised by the President of the Republic.

(This relates to Article 99, clause 7, and to Articles 100 and 101.)

Thirteenth. Beginning three hundred sixty days from the effective date of this reform, lower court judges may only be designated through the procedure established by the present Constitution. Until then, the previously existing system shall be applied.

(This relates to Article 114.)

Fourteenth. Cases in process before the Chamber of Deputies at the time that the Judicial Council is installed shall be referred to the latter for the purposes of clause 5 of Article 114. Those cases already in the Senate shall continue there until their conclusion.

(This relates to Article 115.)

Fifteen. Until the government authorities arising from the new system of autonomy for the City of Buenos Aires are constituted, the Congress shall exercise exclusive legislative authority over its territory, under those same terms as prior to the adoption of the present [reforms].

The Chief of Government shall be chosen during 1995.

The law provided for in the second and third paragraphs of Article 129 shall be passed within two hundred seventy days of the effective date of this Constitution.

Until such time that the organizational statute is passed, the appointment and removal of judges for the City of Buenos Aires shall be regulated by the provisions of Articles 114 and 115 of this Constitution.

(This relates to Article 129.)

Sixteen. This reform goes into effect the day following its publication. Members of the Constitutional Convention, the President of the Argentine Nation, the presidents of the Legislative Chambers, and the President of the Supreme Court of Justice will swear to it in a single act on August 24, 1994, in the San Jose Palace, Concepción del Uruguay, Province of Entre Rios.

Each branch of government and the Provincial and municipal authorities are to arrange whatever is necessary for their members and officials to swear allegiance to this Constitution.

Seventeen. The prescribed Constitutional text, sanctioned by this Constitutional Convention, replaces the one existing until now.

Signed in the Hall of Sessions of the National Constitutional Convention, in the city of Santa Fe, on the twenty-second day of the month of August in the year one thousand nine hundred ninety-four.

Eduardo Menem
President
National Constitutional Convention

Luis A. J. Brasesco
Secretary of Operational Coordination
National Constitutional Convention

Edgardo R. Piuzzi
Parliamentary Sergeant-at-Arms
National Constitutional Convention

Juan Estrada
Administrative Secretary
National Constitutional Convention


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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