State Agencies - Administrative Procedure- Regulates Inter-Administrative Claims - Updated Standard


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
STATE ORGANIZATION Decree 2481/93 Please provide for the processing of inter-administrative claims under Act No. 19,983.

Bs. As., 9/12/93

VISTO, Act No. 19,983 on the resolution of inter-administrative conflicts, Acts No. 23,982 and No. 23,990, and


In the framework of the measures for the organization and reform of the state sector, it is necessary to regulate the processing of the inter-administrative claims provided for in Act No. 19,983 in order to ensure greater speed and certainty in such procedures.

That reasons for economics and rationalization of administrative procedures become appropriate, in exercise of the attribution granted by the last paragraph of Article 1 of Law No. 19.983, to raise the amounts established for the origin of the inter-administrative pecuniary claim and the determination of the competence of the Treasury Procurator, taking into account, in addition, that the last update of these amounts was made several months in advance of the prohibition,

The Permanent Legal Service of the Ministry of Justice has been issued.

That the present measure is determined in the use of the powers conferred by article 86, paragraphs 1 and 2 of the National Constitution.



Article 1 Artículo The processing of the inter-administrative claims provided for in Act No. 19,983 shall, in any case, be made to the Treasury of the Nation.

The Treasury Procurator may delegate, in a hierarchy officer not less than the Director, the signature of mere procedural orders.

Art. 2° - The claim must be submitted with a copy, complying with the precautions established by article 16 of the Administrative Procedures Regulations, Decree No. 1759/72 T.O. 1991.

The accompanying documentation should result in:

(a) The decision to make the claim has been adopted by the highest authority of the agency, entity, company or state society.

(b) He has previously issued a ruling on his permanent legal service.

(c) Efforts have been made to resolve the conflict with a negative outcome.

In addition, for the purposes provided for in article 1 of Act No. 19,983, a settlement should be added, including items that integrate the amount claimed or its estimate.

The parties shall be represented by counsel of their respective permanent legal services.

Art. 3rd The claim shall be transferred to the other party by ex officio, which shall also be answered with a copy within the time limit of SESENTA (60) days, in accordance with the relevant matter, the remedies indicated in Article 2. Art. 4° If it is not answered in that time period, the possibility of doing so will be lost and the proceedings will continue its proceedings. The Treasury Procurator and, where appropriate, the Executive Power may consider such silence as recognition of the legal facts alleged by the claimant. Art. 5° The evidence and conclusion of the proceedings shall be handled in accordance with the provisions of articles 46 to 70 of the Regulations of Administrative Procedures, Decree No. 1759/72 T.O. 1991. Art. 6° . The lawyers of the parties may apply for a loan of the file to answer the claim or to claim, which shall be granted by the time set by the Treasury Procuration, without the suspension of the respective deadlines. Art. 7° . If for its amount the claim should be resolved by the Executive Power, the proceedings are substantiated, the Treasury Procurator will issue rulings, which will make the parties known. If any of these will manifest their dissent within the time limit of TREINTA (30) days, the file will be elevated, by the Treasury Procuration, to the Executive Power, for its final resolution. Otherwise, the parties have accepted the Treasury Procurator ' s approach. Art. 8° Todas All the resolutions adopted during this procedure will be irrecurrible. The final act shall be granted only the request for clarification provided for in article 102 of the Regulations of Administrative Procedures Decree No. 1759/72 T.O. 1991. Art. 9° If the resolution condemns the payment of liquid debts and the parties do not agree on the settlement, the Treasury Procuration or the Executive Branch, according to whom it is competent in accordance with the amount claimed by the credit holder, it will ultimately resolve the interested parties and produce the technical reports deemed appropriate.

If the decision in question should be issued by the Executive Branch, the Treasury Procuration shall be responsible for the procedures relating to the transfer to be made, the receipt of the respective responses and the production of the necessary technical reports, issuing prior opinion to the lifting of the proceedings to the Executive.

Art. 10. . Failure to comply with the sentence as soon as it is established, the Executive Power, at the request of a party, may in exercise of the powers conferred upon it by article 25 of Act No. 23.990, instruct the Ministry of Finance to provide for the impact of budgetary authorizations and the available funds of the debtor upon payment of the obligation.

In the event that the conviction relates to obligations achieved by the consolidation established by Law No. 23.982, the Ministry of Finance shall have its cancellation in accordance with the provisions of that Law.

Art. 11. . In accordance with article 1 of Act No. 19,983, please refer to CINCO MIL PESOS ($ 5,000) the minimum amount for the proceeding of inter-administrative pecuniary claims and in PESOS CINCUENTA MIL ($ 50,000) the maximum amount of claims to be decided by the Procurator of the Treasury of the Nation. Over that amount, the decision will be the responsibility of the NATIONAL EXECUTIVE POWER. (Article replaced by art. 1 Decree No. 1848/2002 B.O. 17/9/2002). Art. 12. . Facultase the Procuration of the Treasury of the Nation to dictate the interpretative, clarification or complementary norms that require this regulation. Art. 13. . Revise Decree No. 112 of 18 January 1982. Art. 14. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . Jorge L. Maiorano.