Deputies summoned specialists to reform the law of presidential decrees

For this third week of debate, Rodolfo BarraAttorney for the National Treasury. The discussion is planned to extend until – at least – next year and, among the different projects, it seeks to establish the continuity of the Bicameral Legislative Procedure Commission (which reviews the DNU); that the Legislative Branch has a time limit to ratify the decrees and not to revoke them; and clarify the definition of need and urgencyamong different proposals that the multiple editorial offices have.

According to a report from the Faculty of Law of the Universidad Austral, Javier Milei is the fourth president with the highest number of DNUs in his first nine months in officebehind Eduardo Duhalde (78), Alberto Fernández (60) and Néstor Kirchner (51). Likewise, he was the first president to have both chambers of the National Congress repealed a DNU: 656/24, of funds reserved for the Intelligence Service.

Intervention by Rodolfo Barra in debate on the DNU law

At the beginning of his intervention, Rodolfo Barra considered that “the use of the DNU has been a constitutional practice that the circumstances justified” and that “the assessment of need and urgency has been political and is part of the special dialogue between the Executive and Legislative Branches, which is in some way a tool that the Constitution puts in the hands of the President to try to encourage Congress to legislate in certain cases“.

Through a technical defense, the jurist understood that the Legislative Branch It retains power because “even for a period of 30 days and forever in the future, Congress can dictate a law that repeals or modifies the DNU.” He also pointed out that in the 1994 reform “the intention of the constituent was that, for reasons of legal certainty and to clarify any doubt that may arise, the validity of the DNU was assured unless there is a question within a special period”.

“We are faced with a norm with hierarchy and legal effects but with a specific regime for its eventual repeal, also urgently,” Barra concluded.

DNUs by Javier Milei

Among the 39 DNUs issued by Javier Mileithe most controversial was 70/2023, presented on the national network ten days after taking office. Its content included the repeal of the rental lawthe release of prices medicationsmodifications to the regime credit cardsa labor reformtransformations to the land lawamong other changes that were later included in the debate of the Law Bases.

Nicolás Mayoraz Deputies

Álvaro Martínez, Silvana Giudici, Nicolás Mayoraz and Rodolfo Barra.

After this law was approved, the President decreed measures that he could not obtain through parliament, such as the free debt exchange wave privatization of Aerolíneas Argentinas. Previously, I had already established the retirement system by DNU.

There are two decrees that went through controversies. The first was 656/24, which granted $100,000 million of extra funds reserved for the Intelligence Servicewhich had been renovated weeks before. Another was the limitation on requests for access to public informationwhose main authority in the Executive Branch itself highlighted its disagreement and claimed not to have been consulted.