RELATIONS BETWEEN THE NATIONAL EXECUTIVE PODER - JEFE DE GABINETE DE MINISTERS

Decree 977/95

Regulate the actions of the National Executive and the functioning of the Chief Cabinet of Ministers.

Bs. As; 6/7/95

VISTO the forecasts contained in articles 100 and 101 of the National Constitution, and

CONSIDERING:

That in accordance with the provisions of the Twelfth Transitional Provision of the National Constitution, the requirements set out in articles 100 and 101 are immediately operational as of 8 July 1995.

That, for its part, article 100, paragraph 6, of the National Constitution accords to the Chief of Cabinet of Ministers the power to send to the National Congress the draft Law on Ministries, prior to its treatment in cabinet agreement and approval of the executive branch.

That such precepts entail the intervention of the Chief of Cabinet of Ministers in the elaboration of this bill, as well as its subsequent endorsement, required by article 100, paragraph 8, of the constitutional body.

It is essential to adopt a series of measures to regulate the functioning of the Chief Cabinet of Ministers and the actions of the National Executive, until the necessary amendments are proposed to the current Law of Ministries for its adaptation to the Constitutional Reform, be considered by the National Congress and the final legal text enters into force.

It is appropriate to rule the rules that will govern during the transition period, in accordance with articles 100 and 101 of the National Constitution and the Law on Ministries in force, while the latter ' s provisions are not implicitly repealed by those articles.

It is necessary to name the acts and regulations of the Chief of Cabinet of Ministers, deferring them from the decrees emanating from the Executive and the resolutions issued by the other secret ministers.

It should be pointed out how the acts of the National Executive and the Chief of Cabinet of Ministers should be upheld and legalized.

It is relevant to determine the regime for the convening, preparation and coordination of cabinet meetings and cabinet agreements.

The replacement of the Chief of the Cabinet of Ministers and the method for the replacement of secret ministers in cases of temporary absence, as well as the provisions relating to the incompatibility regime, should also be envisaged.

On the other hand, it is appropriate to establish that the National Executive Power reserves the power to exercise the administration of the financial economic regime and the administration of human resources of the Secretariats and agencies of the Presidency of the Nation jurisdiction.

That the present act is determined in accordance with article 99, paragraph 1, of the National Constitution.

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 — The President of the Argentine Nation will be assisted in his duties by the Chief of Staff of Ministers and both, in turn, by the Secret Ministers, in accordance with the respective powers and responsibilities assigned to them by the National Constitution. Individual assistance shall be provided in matters which the Constitution or the Law of Current Ministries determines as their respective competences or, as a whole, in cases established or authorized.

The Chief of Staff of Ministers may require from the Ministers Secretaries, Secretaries and other officials of the National Civil Service, the information necessary for the performance of their specific functions and the responsibilities provided for in articles 100, 10 and 11, and 101 of the National Constitution, which shall take place within the time limit to which, to that end and in an improbable manner, it shall be established by them.

Art. 2° — The Chief of Cabinet of Ministers, the Secret Ministers, the Secretaries of the Presidency of the Nation and the Secretaries of the Chief of Staff of Ministers, which the Chief of Cabinet of Ministers appoints, together, constitute the National Cabinet.

The cabinet meetings shall be coordinated, prepared and convened by the Chief of Cabinet of Ministers, in accordance with the regulations and other acts that it may so dictate, without prejudice to the power of the President of the Nation to convene them.

Cabinet meetings shall be chaired by the President of the Nation or by the Chief of Cabinet of Ministers in the absence of the former, in accordance with article 100, paragraph 5 of the National Constitution. They shall be chaired by the Vice-President of the Nation when he is in the exercise of the Presidency and shall resolve his assistance.

The above provisions shall apply to the Cabinet Agreements provided for in article 100, paragraphs 4 and 6 of the National Constitution to the extent that the Chief of Staff of Ministers does not make specific provisions in this regard.

The President of the Nation or the Chief of Staff of Ministers may arrange for the treaty to be concluded and the Registrars of the Chief of Staff of Ministers and of the ministries, as well as any other staff member deemed relevant, to be invited to the cabinet meeting.

Art. 3° —The Chief of Cabinet of Ministers and the Ministers Secretaries shall endorse and legalize with their signature the acts of the President of the Nation, in the manner provided for by the National Constitution, the Law of Ministries in force and the present act, without which they are ineffective.

The Chief of the Cabinet of Ministers and the Ministers Secretaries are responsible for the acts that are upheld and legalized and in solidarity with those who agree with their peers.

Art. 4° — The joint refrendo and legalization of the Chief of Staff of Ministers and of all secret ministers shall be required, in the cases specified in article 100, paragraph 13, of the National Constitution, except in the case of a temporary absence of any of them, in which case the acts shall be signed by the person who replaces it internly.

The decree issued in general agreement of ministers pursuant to the preceding paragraph shall be executed by the Minister Secretary who designates for that purpose in the agreement or by that to whose department the matter corresponds, without prejudice to the personal intervention attributed to the Chief of Staff of Ministers by the National Constitution.

Art. 5° — The refrendo y legalización del Jefe de Cabinet de Ministers y del Ministrosecreto del ramo para los supuestos contemplados en los artículos 76, 77, 78, 83, y 99, párrs 2, 8 y 9 de la Constitución Nacional.

Art. 6° — The decrees issued by the President of the Nation, in his capacity as supreme head of the Nation, head of the government and political head of the general administration of the country, shall be upheld and legalized only by the Minister Secretary to whose department the measure is up to, except in those cases where the competences of the Chief of Cabinet of Ministers are affected, at which time the decree will also be upheld and legalized by it.

The decrees which, as set forth in the preceding paragraph, do not require the reinvigoration and legalization of the Chief of Staff of Ministers, shall also be brought to their attention, through the Legal and Technical Secretariat of the Presidency of the Nation, for the purposes set out in article 101, part one, of the National Constitution.

Art. 7° — The acts and regulations issued by the Chief of Staff of Ministers in exercise of their constitutional powers shall be called "Administrative decisions", which shall have the reinvigoration and legalization of the Minister Secretary of the branch to which the measure relates.

All administrative decisions shall be brought to the attention of the President of the Nation by virtue of article 99, paragraph 1, of the National Constitution, through the Legal and Technical Secretariat of the Presidency of the Nation.

Art. 8° — Acts and regulations relating to the resolution of internal affairs of the Chief of Cabinet of Ministers shall be referred to as "resolutions" and shall not require the reinvigoration and legalization of any Minister Secretary.

Art. 9° — In cases of the absence of the Chief of Cabinet of Ministers on the occasion of travel abroad of the Republic, displacements in compliance with specific government missions or other cases of necessary temporary absence of their functions, the JEFATURA DE GABINETE DE MINISTROS will be carried out internly by the Minister of the Interior, Public Works and Housing, or in its absence, by the appropriate Minister in accordance with the corresponding order of the Ministry. In such cases, such an internship shall occur upon communication of such circumstances by the Chief of Cabinet Ministers to the Legal and Technical Secretary of the NATIONAL PRESIDENCE.

The temporary replacement of the Chief of Cabinet of Ministers by the Minister Secretary-General in the terms of the present, shall not prevent the normal exercise of the functions inherent in his Ministry.

(Article replaced by art. 1 Decree No. 991/2016 B.O. 7/9/2016)

Art. 10. - In the case of temporary absence for any reason, the secret ministers shall be replaced internly by the appropriate secretary minister, in accordance with the correlative order set out in the enumeration made in the Law of Ministries (text ordered by Decree No. 438 of 12 March 1992), and its amendments, except decree to the contrary.

In the event of the absence of the natural substitute, the replacement will occur by the owner of the following state department, in a decreasing order, and so on. The incumbent of the ministry consigned in the last term shall be replaced by the holder of the ministry in the first place.

(Article replaced by Article 2 of the Decree No. 991/2016 B.O. 7/9/2016)

Art. 11. - When a Minister Secretary is temporarily absent for any reason, the General Secretariat of each ministry shall communicate the act, as early as possible, to the Minister Secretary-General, indicating the date on which the latter shall initiate the internship.

In the event of an unforeseen absence of the holder of a ministry, the aforementioned communication shall be made immediately after the fact is known.

In all cases identical communication will be made to the Legal and Technical Secretariat of the Presidency of the Nation.

Art. 12. - The delegations provided for in article 100, paragraph 4, of the National Constitution shall be constrained to the administrative powers relating to the powers of the President of the Nation as expressly and taxably stipulated by decree. The Chief of Cabinet of Ministers may not, in these cases, sub-delegate.

Art. 13. - The resolution of issues relating to the financial economic regime and the administration of human resources of the Secretariats and agencies of the Presidency of the Nation is reserved for the National Executive Branch.

Art. 14. - The Chief of Staff of Ministers may delegate to the secret ministers the powers relating to the economic-financial regime and the administration of human resources related to their respective departments, in accordance with what is expressly and taxatively determined by an administrative decision, as well as to resume or maintain the powers currently delegated.

It may also, through the dictation of resolutions, delegate to the secretaries of its jurisdiction the prescribed powers concerning its department.

In both cases, such powers may be sub-delegated to senior officials not less than that of National Director or General or equivalent.

Art. 15. - The decisions and resolutions issued by the Chief of Cabinet of Ministers and the resolutions issued by the Secret Ministers shall be final, except for the right of those concerned to deduct the resources and actions corresponding to the current regulation and the power of the President of the Nation to invoke the resolution of the subject in treatment.

Art. 16. - The incompatibility provided for in articles 24 and 25 of the Law on Ministries shall be applicable to the Chief of Cabinet of Ministers and to the Secretaries and Secretaries of their orbit.

Art. 17. - Contact, post, give to the National Directorate of Official Records and archvese. MENEM - Carlos V. Corach.