2023-12-22 12:40:00
He Decree of Necessity and Urgency (DNU) that the president published Javier Miley this Wednesday in order to deregulate the economy continues to generate repercussions. While several sectors call it “unconstitutional” and the first protection against the norm has already been presented, now all the spotlights They point to the National Congresswhere you could go through a series of steps to remain valid.
The Government remains optimistic since since the constitutional reform of 1994, legislators They never rejected a DNU. On the other hand, it is a very ambitious project which impacts many different laws, since they are more than 300 standards between those repealed and those modified totally or partially, which include the Rental Law, Supply Law, Gondola Law, Land Law, among many others.
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In that sense, it is worth remembering that a decree needs the vote of a single chamber of Congress to be approved But it has to be rejected by both to be declared “invalid”. The decree also has value if it is not processed by any of them and while this occurs, it is valid.
The vice president Victoria Villarruelhead of the Senate, and the president of the Chamber of Deputies, Martin Menemare in charge of legislative strategy, an area in which the ruling party exhibits a minority that can complicate its plans.
The Permanent Bicameral Commission on Legislative Procedures provided for in articles 99, paragraph 3, and 100, paragraphs 12 and 13 of the National Constitution, is the one that has the authority to rule on the decrees. The same has not met since July 6, 2021 to deal with the files and the PRO deputy, Pablo Tonelli, indicated last November that two notes were presented to reactivate it because there are a hundred decrees that have never been dealt with.
The constitution of the Bicameral
The decree of necessity and urgency is a tool provided for in the national Constitution so that the head of state can legislate “in exceptional circumstances”although its use is not permitted in criminal, tax, electoral or political party regime matters.
“The executive power will not be able in no case under penalty of absolute and irreparable nullity, issue legislative provisions“says paragraph 3 of article 99 of the Magna Carta.
The Permanent Bicameral Commission for Legislative Procedures is the first place Milei’s Mega DNU will reach, but has not yet been established. In accordance with Law 26,122, the commission is made up of eight deputies and eight senatorsappointed by the president of their respective Chambers at the proposal of the parliamentary blocs, respecting the proportion of political representations.
In the upper house, Villarruel was authorized to form the legislative body with three senators from Unión por la Patria and another five from the other political forces (La Libertad Avanza, UCR, PRO, Cambio Federal and Unidad Federal). However, the legislators of the former ruling party demand to add one more place in the Bicameral.
In the Deputies, the controversy is greater, since the Unión por la Patria would be responsible for four representatives but last week it was voted that will receive three. If the panorama remains this way, La Libertad Avanza and the non-Kirchnerist opposition would have nine places out of the 16 and the president of the commission would be the libertarian senator. Juan Carlos Pagotto.
In favor of the reforms, against the DNU
In any case, the central obstacle that Milei faces is that several blocks are willing to endorse some of his initiatives (such as the Radical Civic Union, the PRO and Cambio Federal), such as privatizations and labor reform, but They question the unilateral methodology used, with a DNU.
After the president of the Nation made the announcement, the senator Martin Lousteauthe new head of Radicalism, said: “Milei should replace this invalid DNU with a mirror law that you can vote by chapters, and summon extraordinary to give urgent treatment. Thus, positive reforms, which will have consensus, can be sanctioned and those that are not, can be avoided.”
The complete decree announced by Javier Milei to deregulate the economy
The journey of the DNU according to the Constitution
The aforementioned article of the National Constitution details that the Chief of Staff, a position currently held by Nicolas Posse“personally and within ten days he will submit the measure to the consideration of the Permanent Bicameral Commission.”
This commission, meanwhile, must submit “its office within a period of ten days to the plenary session of each Chamber for its express treatment, which the Chambers will immediately consider.” According to Law 26,122, this body not only reviews decrees of necessity and urgency, but also those related to legislative delegation and partial promulgation of laws.
Finally, it indicates: “A special law passed with the absolute majority of all the members of each Chamber will regulate the procedure and scope of the intervention of Congress.” Deputies and senators They can only approve or reject the decree presidential, it is no longer allowed to introduce changes, make additions or eliminate issues, unlike bills.
Taking into account that in practice the times stipulated by the Constitution and the laws are not always met, it is difficult for a Decree of Necessity and Urgency to be rejected by Congress, but the wording of this rule does not mean that this is what will finally happen.
FP/LT
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