Economic-Financiera Legal Framework - Updated Standard Text

Original Language Title: EMERGENCIA ECONOMICA-FINANCIERA MARCO LEGAL - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ECONOMIC-FINANCIERA EMERGENCY Law 25.344 The economic-financial situation of the national State should be declared in emergency. Contracts from the national public sector. Public employment ratio. Trials against the national State. Debt consolidation. Sanitation of the financial economic relationship between the national state, the provinces and the Autonomous City of Buenos Aires. General provisions.

Sanctioned: October 19, 2000

Promulgated: November 14 of 2000

See Background

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc., sanction with force of Law:

CHAPTER I

Emergency

ARTICLE 1 The economic-financial situation of the national State, the provision of services and the execution of contracts by the national public sector as defined in article 8 of the law 24,156, excluding the Bank of the Argentine Nation and the Bank for Investment and Foreign Trade, should be urgently described.

The state of emergency will be effective for one (1) year from its promulgation. The national executive branch may extend it for once and for the same time.

(Note Infoleg: by art. 1 Decree No. 1602/2001 B.O. 06/12/2001 is extended from 14 November and by the end of one year the declared financial economic emergency. )

The common provisions of this Act are permanent and shall not expire within the time limits mentioned in the preceding paragraph.

The terms of this Act shall apply to all such provisions which are subsequently made and make explicit reference to the declared emergency.

CHAPTER II

National public sector contracts

ARTICLE 2 Please provide for emergency reasons the termination of contracts, whether for work, services, supplies, consultancy or any other kind that generate obligations by the State, held prior to 10 December 1999 by the public sector described in Article 1 of the present. Contracts signed under the privatization processes authorized by law 23,696 and governed by their statutory regulatory framework benefits are expressly excluded from the regime established in this Act.

For the purposes of this law, the grounds of force majeure are considered to be configured according to the regime provided for in articles 53 and 54 of Law 13.064 and modifiers, a rule which is declared applicable for these purposes to all contracts referred to in paragraph 1 above, regardless of the legal nature of the jurisdictional entity.

Within thirty (30) days of the publication of this law, the administration shall determine by administrative act the contracts subject to the regime of this chapter.

ARTICLE 3 The termination provided for in the preceding article shall not proceed in such cases where the continuation of the work, or the execution of the contract, may be possible, subject to agreement between the claimant or contractor and contractor that is in the principle of the sacrifice shared by both parties. These agreements shall be approved by the competent authority on the basis of the matter and shall include the following minimum conditions:

(a) Adjustment of the plan of work to the conditions of availability of funds of the party or contractor;

(b) Refinancing of arrears to the date of validity of the present, with application of the system established in article 48 of Law 13.064. This regime shall not apply in the case where the cancellation of the resulting aggravation is agreed through public debt securities;

(c) Adequacy of the respective project to the actual resource-saving requirements where technically possible;

(d) Renunciation of the contractor to its right to receive unproductive expenses, increased direct or indirect general expenses or any other compensation or compensation derived from the reduction of the pace or total or partial termination of the work, accrued from the conclusion of the contract and to the date of the agreement envisaged here;

(e) Renunciation of the contractor to claim uncertified compensation or credits, except those resulting from the agreement.

These agreements shall be approved by the competent authority on the basis of the matter and shall be concluded and signed within one hundred and eighty (180) days of the publication of this law.

CHAPTER III

Public employment ratio

ARTICLE 4 The Executive Branch may relocate staff within the national public sector to obtain a better rationalization of existing human resources, within the geographical area of their residence and scaffolding.

ARTICLE 5° Please enable the Executive Branch to terminate for reasons of service the assignment of executive, managerial or equivalent functions whose incumbents enjoy stability, corresponding to the three (3) higher levels.

The attribute referred to in the preceding paragraph may in no case affect the stability in employment enshrined in the National Constitution and the laws regulating its exercise.

The national executive branch shall establish in the regulation of this law a single body of supervision and approval of the application of the said attribution.

The staff of such a measure shall be entitled to compensation equivalent to one (1) month of the supplement that pertains to the performance of the function per year remaining for the completion of the acquired functional stability period or a fraction of six (6) months.

This faculty may be exercised during the term of one hundred and eighty (180) days counted from the date of validity of the present.

Vacancy resulting from the application of the standard in the preceding paragraphs should be covered, in all cases, in accordance with the selection mechanisms provided for in the applicable regimes.

The payment of the awards referred to in this article and those that may arise from the application of article 14 of Law 25,237 shall be served by the Organizational Restructuring Fund established by article 15 of the Act.

CHAPTER IV

Cases against the national State

ARTICLE 6 In all cases deducted against agencies of the centralized and decentralized national civil service, autarchical entities, social works of the public sector, banks and official financial entities, armed and security forces, anonymous companies with majority state participation, companies of mixed economy, services of special accounts, and any other entity in which the national state or its decentralized entities have a total or majority share of the proceedings,

The Treasury Procuration of the Nation will have a period of twenty (20) days from the notification to take the intervention that it deems relevant, which will be terminated which the procedural terms will be resumed. In the foreseeable matter of amparo and processes, the deadline will be five (5) days.

The communication referred to in paragraph 1 of this article may be effected by ex officio, or by means of the form that approves the regulation or by letter or by other means.

In all cases the instrument shall be made up of the intervening court by imposing the respective seal.

Any communication that lacks the previously established requirements or contains incorrect or false information shall be null and void.

The Treasury Procuration of the Nation must keep up-to-date the registration of the State ' s trials.

For trials beginning from this Act, the provisions of articles 8, 9, 10 and 11.

ARTICLE 7 In those jurisdictions within the country where there have been no designations of delegates of the State Bar Corps under the Treasury of the Nation in the terms of articles 66 and 68 of Law 24,946, or in cases where the Procuration of the Treasury of the Nation considers that the amount or entity of the cases involving delegates shall exceed reasonable guidelines for the best national judicial defence, the representation of the State To that end, the Ombudsman may make appropriate ad hoc designations.

This representation shall be exercised for the period of one (1) year from the entry into force of this law, which shall be extended for the same period by decree of the Executive Branch, at the request of the Procuration of the Treasury of the Nation.

The Public Prosecutor ' s Office of Defence, in compliance with the functions imposed by this Act, shall conform to the rules of the mandate, in the term of articles 1869 and subsequent of the Civil Code, including the technical aspect. Failure to do so shall the representatives of the public defence perform their duties in the manner that best meets the interests entrusted to their custody, without prejudice to the independence and functional autonomy arising from article 120 of the National Constitution.

Where exceptional situations or special cases make it necessary at the discretion of the Procuration of the Treasury of the Nation and in accordance with the Ombudsman General of the Nation, the representation indicated may hire a service of assistance. For the present budget period, the costs resulting from the implementation of the provisions of the present budget shall be met with funds of the National Treasury, for which purpose the Chief of Cabinet of Ministers may arrange for the necessary restructuring of budgetary provisions. In future periods, the respective budget line should be allocated.

In no case may the human rights defender collect fees from the national State, but it shall be the property of those that are governed by costs that are imposed on the contrary and effectively paid by the party.

ARTICLE 8 In all cases, promoted an action against the agencies mentioned in article 6 of the Convention, regardless of jurisdiction, shall be referred by office to the Procuration of the Treasury of the Nation a copy of the complaint, with all the documentary evidence accompanied and shall proceed, pursuant to this act, to give a hearing to the prosecutor, to be issued concerning the origin and competence of the court.

(Note Infoleg: by art. 1 Resolution No. 128/2019 de la Procuración del Tesoro de la Nacional B.O. 30/10/2019 It states that from 1 November 2019 the communications provided for in Law No. 25,344 will be made exclusively through the digital platform available on the official page of this PROCURATION OF THE TESORO OF NATION (https://www.argentina.gob.ar/procuraciondeltesoro). )

ARTICLE 9 Admitted to the course of the action, a transfer shall be carried out within thirty (30) days or the maximum corresponding time, to object to all defences and exceptions within the time limit to answer the demand. The transfer shall be carried out on an official basis to the Ministry, Secretariat of the Presidency of the Nation or relevant local authority.

When the notification is issued to the Ministry or Secretariat of the Presidency diverse to which the legal mind corresponds, the answering periods will only begin to run from the actual receipt of the office by the competent agency, accredited by the stamp of its ticket table.

ARTICLE 10. In cases that do not require the authorization of the court, the notification to the Treasury of the Nation shall be issued in the same way and in such a way as to anticipate not less than thirty (30) judicial working days to transfer the claim to the relevant agency.

ARTICLE 11. The provisions of articles 8, 9 and 10 of the present Act shall not be applied in the proceedings of amparo and the sumarest proceedings.

ARTICLE 12. Replace articles 30, 31 and 32 of Act 19,549 with the following:

Article 30: The national State or its auto-archic entities may not be prosecuted without prior administrative complaint addressed to the Ministry or Secretariat of the Presidency or superior authority of the auto-archic entity, except in the case of the cases of articles 23 and 24.

The complaint shall deal with the same facts and rights that shall be invoked in the case of a judicial complaint and shall be resolved by the authorities cited.

Article 31: Pronunciation concerning the claim shall be made within the ninety (90) days of formulation. Upon expiration of this period, the person concerned shall soon require the dispatch and if another forty-five (45) days take place, the person may initiate the application, which shall be filed within the peremptory and low periods of the effects provided for in article 25, without prejudice to what is relevant in the matter of limitation. The Executive Power, at the request of the intervening agency, for reasons of complexity or public emergency, may fundamentally extend the specified deadlines, whether in progress, up to a maximum of one hundred twenty (120) and sixty (60) days respectively.

The express refusal of the claim may not be appealed at administrative headquarters.

Judges shall not be able to follow up on the claims referred to in articles 23, 24 and 30 without ex officio checking the enforcement of the precautions set out in those articles and the deadlines provided for in article 25 and present.

Article 32: The prior administrative claim referred to in the preceding articles shall not be necessary if it mediates an express rule that establishes it and when:

(a) It is a matter of repeating what is paid to the State by virtue of an execution or repeating an unduly paid tax;

(b) Damage to the State for extracontractual liability is claimed.

CHAPTER V

Debt consolidation

ARTICLE 13. ambos Consolidate in the national State, with the scope and in the form provided for by law 23.982 the obligations expired or of cause or title after 31 March 1991 and prior to 1 January 2000, and the projected obligations arising from the general regime expired or from cause or title after 31 August 1992 and prior to 1 January 2000 that consist of the payment of sums of money, including 23/ Please also include those of the binational and multinational entities in which the national State is involved. In the case of forecasting obligations arising from the general regime, only the cases in which the forecast benefit had been granted prior to the date of entry into force of the forecast system established by law 24,241. The date of consolidation for both types of obligations will be 31 December 1999.

It expressly excludes from this consolidation, the obligations of the Government of the Autonomous City of Buenos Aires, those of the National Institute of State Insurance (in liquidation); and the forecast obligations arising from the general regime whose cancellation would have been made in cash in law 25.237, up to the amount authorized by the same law.

The nature of public order is extended to this law in the terms and scopes provided for in article 16 of Law 23.982. The debt that is consolidated as provided for in the present shall be included within the concepts incorporated in article 2 (f) of Law 25.152.

The projected debts established by law 23,982 that had not yet received the Consolidation Bonuses are excluded from this Act. Such debts at the end of their administrative or judicial process shall be paid with the Bonuses established by law 23.982.

(Note Infoleg: By art. 58 of the Act No. 25,725 B.O. 10/01/2003 is extended as at 31 December 2001, the date of consolidation of obligations of a non-provisional, expired or cause or title subsequent to 31 March 1991, referred to in this article, which shall be met within the limits set out in article 6 of the Act. )

ARTICLE 14. . Requests for reports or judicial requirements regarding the time limit for any obligation reached by the consolidation provided for in this Act shall be answered by the Executive or any debtor of obligations reached by the consolidation, indicating that such obligations shall be subject to the resources that annually contain the National Administration Budget Act, in order to meet the consolidated liability as at 31 December 1999, within a maximum period of sixteen years for 10 years.

ARTICLE 15. . Alternatively to the expected form of payment, creditors may choose to subscribe to the pair, for the total or partial amount of their credit, in national currency or in US dollars, consolidation bonds or contingency debt consolidation bonds, under the conditions specified by the regulation.

ARTICLE 16. . The Executive Power will have the issue of consolidation bonds - fourth instalment and forecast debt consolidation bonds - third instalment up to the amount necessary to meet the subscription requests it receives to cancel the obligations established by this law.

ARTICLE 17. Los The original subscribers of the consolidation bonds - fourth instalment and the holders of the forecast debt consolidation bonds - third instalment will be able to cancel on the pair of debts expired as of 1 January 2000 covered and under the conditions provided, for each of the bonds in articles 13, 14 and 15 of the law 23.982.

ARTICLE 18. El The Executive Power in the regulation shall establish a minimum age limit from which it may be excluded from the consolidation established by the present, to holders of previsional credits derived from the general regime. Exclusion may also be made available where exceptional circumstances are associated with situations of defamation and destitution in cases where the obligation has a food character.

CHAPTER VI

The sanitation of the financial economic relationship between the national state, the provinces and the Autonomous City of Buenos Aires

(Chapter VI s Articles 19-22s repealed by art. 17 of the Act No. 25.967 B.O. 16/12/2004 as a result of the provisions of this article).

CHAPTER VII

General provisions

ARTICLE 23. . Facúltase al Poder Legislativo nacional, al Poder Judicial de la Nación y al Consejo de la Magistratura a aplicación esta ley en el ámbito de su competencia en los aspectos que corresponden.

In those aspects linked to the relationship of public employment in the field of national legislative power, the Commission established by article 56 of Law 24.600 shall regulate the powers conferred.

ARTICLE 24. .Invite the provinces and the Government of the Autonomous City of Buenos Aires to adhere to this law, legislating in the field of its competence on the matters included in this law.

ARTICLE 25. . The procedural deadlines mentioned in Chapter IV of this Law are set in working days.

ARTICLE 26. .When revoked for reasons of opportunity, merit or convenience contracts of the national public sector, whether of work, of services, of supplies or of consultancy, the appropriate compensation to be paid to the contractor shall not include the payment of loss of profits or unproductive expenses.

ARTICLE 27. Contact the Executive.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIECINUEVE DAYS OF THE OCTOBER OF THE YEAR DOS MIL.

_

JUAN P. CAFIERO. . MARIO A. LOSADA. . Guillermo Aramburu. . Mario L. Pontaquarto.

Background

- Chapter VI, article 21 replaced by art. 51 of the Act No. 25,725 B.O. 10/01/2003;

- Note Infoleg to Chapter VI, art. 21: by art. 51 of the Act No. 25,725 B.O. 10/01/2003 excludes from the provisions of this article the compensations for mutual debts between the Nation and the provinces;

- Chapter VI, article 22 replaced by art. 51 of the Act No. 25,725 B.O. 10/01/2003;

- Note Infoleg to Chapter VI, Article 22: by art. 51 of the Act No. 25,725 B.O. 10/01/2003 excludes from the provisions of this article the compensations for mutual debts between the Nation and the provinces;