FINANCIAL AND CONTROL SYSTEMS OF THE NATIONAL PUBLIC SECTOR Decree 1957/92 Bs. As., 26/10/92
VISTO Draft Law No. 24,156 on Financial Administration and National Public Sector Control Systems, passed on 30 September 1992, and communicated by the HONORABLE CONGRESS OF NATION for the purposes provided for in article 69 of the National Constitution, and
CONSIDERING:
That the above-mentioned Bill integrates an organic package in the aspects of the Financial Administration and the National Public Sector Control Systems, with the need to maintain its conceptual unity and its alignment to an integrated model.
That in order not to violate the above-mentioned characteristics it is appropriate not to enact certain rules.
Article 33 of the Project determines that in the execution of the budget of the National Administration no commitments may be made for those who do not have available balances of budgetary credits, or have the provisions for a purpose other than that envisaged.
That the second paragraph maintains the validity of article 16 of Law No. 16.432 and article 5, first paragraph of Law No. 23.853 for the Legislative and Judicial Powers, respectively.
That such provisions have no operational effect in this case, as they refer to the powers that such Powers have to modify their budgets without altering the total amounts.
That the maintenance of this legislation is expressly provided for in articles 34 and 137 (c) and (d).
That the second part of article 33 of the above-mentioned project should therefore be noted.
Article 117 of the Project provides that the subsequent external control of budgetary, economic, financial, property, legal and management management is the responsibility of the General AUDITORIA OF NATION. This last mention is unnecessary, because at the beginning of the article when it comes to external control it already expresses it, so it is also appropriate to observe the terms "and management".
For its part, article 132 of the Project states that the competent bodies to organize the General SINDICATURA. OF THE NATION and the General AUDITORY OF NATION are empowered to sign among themselves agreements that enable the reassignment of the officials and employees of the General SINDICATURA of PUBLIC COMPANIES and the TRIBUNAL OF NATIONAL ACCOUNTS; further clarifying that such staff will retain the attained hierarchical level, maintaining the rights to the representation and defence of their collective interests.
That the latter paragraph creates privileges and privileges with respect to the rest of the public officials, which is not in line with the State Reform carried out by the National Government, which is also observable.
Article 133 in its first article states that the provisions contained in this Act shall have the principle of execution from the first financial period beginning after its sanction.
Article 134 provides that until the effective implementation of the financial and control systems established in this Act is effective, the legal and regulatory provisions in force shall continue to be applied to the date of entry into force of the Financial Administration and Control systems established by this Act, which shall be applicable to the procedures in which the execution of the activities shall be carried out by areas of the entities established by this Act, to which they shall be assigned their duties.
That the latter article is contradictory to 137 which expressly repeals legal systems and provisions, as the Act ' s rules and systems are put into effect, and automatically the legal provisions and systems that were previously governed are repealed, so that the application of the transitional procedure such as the one provided for in article 134 is not possible, if not observed.
It is also unclear and therefore may cause interpretative problems that cause delays in the implementation of the Act.
Therefore, it is appropriate to make use of the powers conferred on the NATIONAL EXECUTIVE PODER by article 72 of the National Constitution. Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 — Note the second paragraph of article 33 of the Bill registered under the Law No. 24.156, which reads: "In the latter case it shall govern for the Legislative and Judicial Powers, the provisions of article 16 of Law 16.432 (incorporated to the Permanent Budget Law) and article 5, paragraph 1, of Law 23.853, respectively."
Art. 2° — Note in the first paragraph of Article 117 of the Bill registered under No. 24.156 the terms "and management."
Art. 3rd — Note article 132 of the Law Bill registered under No. 24.156, the part that reads: "The staff of the replaced control agencies will retain the hierarchical level, maintaining the rights to represent and defend the collective interests of the staff."
Art. 4° — Note article 134 of the Bill registered under No. 24.156, which reads: "Until the effective implementation of the financial administration and control systems established in this Act are observed, the legal and regulatory provisions in force shall continue to apply to the date of entry into force of the Act, which shall result in application for the procedures in which the substance shall be operated by areas of the entities created by the present shall be assigned to them."
Art. 5° — With the salvedades set forth in the preceding articles, please amend, and refer to the National Law as the Bill registered under the N° 24,156, Financial Administration and National Public Sector Control Systems.
Art. 6° - Communicate, publish, give to the National Directorate of the Official Register and archvese. - MENEM. - Domingo F. Cavallo.
