Argentine Legislative Process and Constitutional Control Bodies

The Legislative Process: Drafting Laws

Initiative

• The Executive Power (PE) can present projects on any issue.
• The population cannot submit projects involving:
  1. Constitutional Reform
  2. Taxes (Tributos)
  3. Management
  4. Questions of Sovereignty
  5. Criminal Matters
• Legislative Members have the exclusive initiative for projects concerning troop contributions and recruitment.
• Senators are necessarily the Chamber of Origin for drafts concerning federal co-participation.

Sanctioning the Bill

This stage involves the Legislative Power (PL) chambers, which act as the Chamber of Origin and the Review Chamber. Being the Chamber of Origin is advantageous for the project's progression.

If the Chamber of Origin grants partial approval, the project proceeds to the Review Chamber. If a complete sanction is approved by both chambers, the bill is passed to the Executive Power for enactment.

Enactment by the Executive Power

The President of the Nation receives the bill passed by both chambers and has two options:

1. Veto (reject the bill).
2. Approve and Promulgate (enact the law).

Promulgation can occur in two ways:

• Expressly: When the President explicitly states approval.
• Tacitly: This occurs upon the expiration of 10 working days after receipt without the President having issued a veto.

For the law to take effect, it must be published in the Official Gazette. It generally comes into force on the eighth day following publication.

The Ombudsman (Defensor del Pueblo)

Nature and Structure

• Nature: An independent body.
• Composition: A single person holding the title of Ombudsman (Defensor del Pueblo).

Election, Term, and Powers

• Election and Renewal: Elected by a qualified majority in the Congress of the Nation. The term lasts 5 years, and the incumbent can be re-elected for one consecutive term.
• Powers: The defense and protection of human rights, other rights, guarantees, and interests, and the control of the exercise of administrative functions.

The Public Prosecutor's Office (Ministerio Público)

Nature and Independence

The Public Prosecutor's Office is a public body characterized by its functional and financial independence.

Composition and Election

• Composition: Includes the Nation's Attorney General, the Nation's Solicitor General, and other members established by law.
• Election: Requires a qualified majority vote in Congress.

Duties and Responsibilities

The primary duties of the Public Prosecutor's Office are:

• To promote justice in defense of legality and the interests of society.
• To advocate for vulnerable parties, including the poor, absent individuals, minors, and those deemed incompetent.

In essence, prosecutors serve to defend society's legal interests.