For the CABA Bar Association, SIGEN’s audit of universities is “unconstitutional”

For the CABA Bar Association, SIGEN’s audit of universities is “unconstitutional”

The University of Buenos Aires (UBA) raised a query to Public Bar Association of the Federal Capital on whether it is pertinent that the General Sindicature of the Nation (SIGEN) audited her. In its opinion, the body defined no, arguing that university autonomy is constitutionally enshrined and that there are other bodies in charge of these controls.

The body highlighted that university autonomy is an “institutional guarantee recognized in the National Constitution that prevents National Universities from being intervened by the President of the Republic, under penalty of attacking the republican system.”

Nevertheless, He pointed out that this autonomy does not mean that national universities are outside the orbit of state control, but that they do so exclusively through constitutionally authorized bodies.

Regarding internal control, the opinion states that it is the responsibility of the national universities themselves in the exercise of their autonomy. This internal control is deployed in the UBA by its democratically elected bodies in the exercise of co-government.

CABA BAR COLLEGE + UNIVERSITY AUDIT.pdf

What the Bar Association says about the audit of universities

The CABA Bar Association highlighted that The General Sindicature of the Nation is a body that does not have constitutional hierarchysince it depends on the President of the Republic and therefore only has jurisdiction over the internal control of the jurisdictions that make up the National Executive Branch.

Also, He stated that the Office of the Treasury of the Nation is a deconcentrated body of the Executive Branch of the Nation and depends directly on it.l, so its opinion does not change or subtract nor can it mutate the principle of autonomy and autarky that the National Constitution guarantees to the National Universities.

On the other hand, regarding external control, he explained that it “is associated with patrimonial, economic, financial and operational aspects, and corresponds to the General Audit Office of the Nation.”

Regarding the body constitutionally authorized to carry out external audits of National Universities, it emphasizes that: “The simple reading of the National Constitution and the understanding of the division of powers in the republican system makes it clear: it is the Congress of the Nation, with support from the General Auditor’s Office of the Nation.”

And it concludes: “In no way can a decision of the National Executive Power ignore the mandate and advance the clear constitutional attribution, if what is sought is to maintain the division of powers and, in the end, ensure the benefits of freedom for Argentines. ”.

Source: Ambito

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