INTERVENTION Decree 771/94 Protract the deadline set out in article 4 of Act No. 24.306 for which the Province of Santiago del Estero was declared to be intervened.

Bs. As., 13/5/94

VISTO Law No. 24.306, and

CONSIDERING:

That the aforementioned Law declared the province of Santiago del Estero intervened in its constituted powers and provided for the expiry of the mandates of the governor and of the members of the legislative branch and declared in commission the members of the judiciary to ensure the speedy normalization and full functioning of the provincial institutions.

That for such purposes elections should be convened within the time limit of CINCUENTA (150) days from the beginning of the intervention.

That it is unlikely to assume that the next meeting of the Constituent Convention will result in the unification of the elective mandates and consequently it will be necessary to conclude the dates for national and provincial elections in the country, so that if the aforementioned deadline is maintained, the province of Santiago del Estero would become a single exception.

That dated 6 May 1994 the Message No. 684 implementing a bill to extend the deadline set out in article 4 of Law No. 24,306, which has not been sanctioned to date, has been referred to the HONORABLE CONGRESS OF NATION.

That in the absence of the expiry of the time in question the NATIONAL EXECUTIVE PODER should be brought forward to the sanction of the law by proceeding accordingly.

That the NATIONAL EXECUTIVE PODER, in addition to the powers conferred on it by article 86 of the National Constitution, may exercise legislative powers when the need is made present and the urgency justifies it, with the support of the best constitutional doctrine and the jurisprudence of the SUPREMA COURT OF NATION JUSTICE. Thus, Joaquín V. González has held in his "Manual de la Constitución argentina" that "can the executive branch, in dictating general regulations or resolutions, invading the legislative sphere or, in exceptional or urgent cases, believe necessary to anticipate the sanction of a law" (Conforme en el mismo sentido Bielsa, Rafael - Derecho Administrativo 1954, To I, page 3091). Also the Supreme Court of Justice OF NATION has given him acceptance of this doctrinal posture (Fals 11:405; 23:257).

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Artículo Protract the deadline set out in article 4 of Act No. 24,306 until the tenth day after the date on which the NATIONAL EXECUTIVE POWER convenes general elections of national authorities to assume its mandates in 1995.

Art. 2o o Contact the HONORABLE CONGRESS OF NATION. Art. 3o o Contact the National Executive. . MENEM. . Carlos F. Ruckauf.