SERVICES IN THE ANTARTIVE DECEMBER No. 48

Bs. As., 13/1/88

VISTO Bill No. 23.547, passed on 22 December 1987 and communicated by the Honorable Congress of the Nation for the purposes of article 69 of the National Constitution, and

CONSIDERING:

That the aforementioned project contemplates the payment of an additional remuneration for services in the Antarctic for civilian and military personnel to perform functions for a period exceeding thirty (30) days south of the 60th South latitude, because of the "high risk" involved in such a provision in that area.

That article 6 of the proposed measure would determine the validity of the law within fifteen (15) days of its publication, however, establishing that the additional person will begin to govern with retroactivity as at 1 January 1987.

That in the public sector, as a general principle, governs the prohibition of agreeing on remuneration increases with retroactive effects.

That this principle is enshrined in article 28 of Decree-Law No. 16.990/87, which is incorporated into Act No. 11.672 (Permanent Budget Complementary), as provided for in article 30 of Act No. 15,796, by prescribing the irretroactivity of any promotion or increase of the allocations of the staff of the National Administration, in all branches, including those relating to over-assignments, similar compensations, refunds of any other costs

That departing from the guidelines imposed in general by the above-mentioned superior rule would imply setting a serious precedent, which does not appear to be supported in valid reason to justify the exception, even more for such an extensive period.

That, in the face of such circumstances, a departure from the existing legal rule on such matters may be construed as abandoning the healthy principle that limits the aforementioned retroactivity.

That the sanctioned project, in the form of a commentary, could eventually provide support to claims in the same sense, even if they were not linked to similar situations and with previous effects of equal or similar magnitude, which would escape to all reasonableness, as in the case concerned, seriously affecting the correct position so far sustained.

Therefore, in accordance with the authority granted by article 72 of the National Constitution,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Partially note Article 6 of Bill No. 23.547, as it assigns retroactive effect as at 1 January 1987, to the effect of the additional mentioned in Article 1 of the Act. Art. 2o ∙ With the exception set out in the previous article, the bill registered under the number 23,547 shall be extended and read by the National Act. Art. 3o Communicate, publish, give to the National Bureau of the Official Register and archvese. ALFONSIN José H. Jaunarena Víctor S. Tonelli