Part II Second Part Authorities of the Nation
Title I Federal Government Subtitle I First Division: Legislative Power General ProvisionSection 44
Legislative Power The Legislative Power of the Nation shall be vested in a Congress composed of two Houses, one of Deputies of the Nation and the other of Senators for the provinces and for the City of Buenos Aires.
Chapter I The House of DeputiesSection 45
The House of Deputies shall be composed of representatives directly elected by the people of the provinces, of the City of Buenos Aires, and of the Capital City in case of its moving, which for this purpose are considered as constituencies of a single state, and by simple plurality of votes. The number of representatives shall be one for every thirty-three thousand inhabitants or fraction not under sixteen thousand five hundred inhabitants. After each census, Congress shall establish the representation in accordance with the same, being empowered to increase but not to decrease the basis indicated for each deputy.Section 46
The deputies for the first legislative session shall be appointed in the following proportion: for the province of Buenos Aires, twelve; for that of Crdoba, six; for that of Catamarca, three; for that of Corrientes, four; for that of Entre Ros, two; for that of Jujuy, two; for that of Mendoza, three; for that of La Rioja, two; for that of Salta, three; for that of Santiago, four; for that of San Juan, two; for that of Santa Fe, two; for that of San Luis, two; and for that of Tucumn, three.Section 47
For the second legislative session a general census shall be carried out and the number of deputies shall be arranged according thereto; but this census shall only be renewed every ten years.Section 48
In order to be a deputy it is necessary to have attained to the age of 25 years; to have been four years a fully qualified citizen; and to be a native of the province electing him or to have two years of immediate residence therein.Section 49
On this occasion, the Legislatures of the provinces shall regulate the means to hold the direct election of the deputies of the Nation; in the future, Congress shall enact a general law.Section 50
Deputies shall hold office for a term of four years and may be re-elected; but the House shall be renewed by halves every two years; for this purpose those elected for the first legislative session, after meeting, shall draw lots to decide those who shall leave after the first period.Section 51
In case of vacancy, the Government of the province or of the Capital City shall proceed to call a legal election for a new member.Section 52
All bills for raising revenue and for the recruitment of troops shall exclusively originate in the House of Deputies.Section 53
Only the House of Deputies has the power to impeach before the Senate the President, the Vice-President, the Chief of the Ministerial Cabinet, the Ministers, and the Justices of the Supreme Court, in such cases of responsibility as are brought against them for misconduct or crimes committed in the fulfillment of their duties; or for ordinary crimes, after having known about them and after the decision to bring an action had been voted by a majority of two-thirds of its members present.
Chapter II The SenateSection 54
The Senate shall be composed of three senators for each province, and three for the City of Buenos Aires, jointly and directly elected, corresponding two seats to the political party obtaining the majority of votes, and the other seat to the political party following in number of votes. Each senator shall have one vote.Section 55
In order to be elected senator the following conditions are required: to have attained to the age of 30 years, to have been six years a citizen of the Nation, to have an annual income of two thousand strong pesos or similar revenues, and to be a native of the province electing him or to have two years of immediate residence therein.Section 56
Senators shall hold office for a term of six years and may be indefinitely re-elected; but the Senate shall be renewed by one-third of the constituencies every two years.Section 57
The Vice-President of the Nation shall be President of the Senate; but he shall have no vote unless in case of equality of votes.Section 58
The Senate shall appoint a President pro tempore to preside it in case of absence of the Vice-President, or when he holds the office of President of the Nation.Section 59
The Senate is empowered to judge in public trial those impeached by the House of Deputies, its members being on oath for the case. When the President of the Nation is impeached, the Senate shall be presided by the Chief Justice of the Supreme Court. No person shall be declared guilty without the majority of two-thirds of the members present.Section 60
The judgment shall not extend further than to remove the accused person from office, and to disqualify him to hold any office of honor, trust, or profit in the Nation. But the party declared guilty shall, nevertheless, be subject to accusation, trial, and punishment according to law before the ordinary courts.Section 61
In case of foreign attack, the Senate is also empowered to authorize the President of the Nation to declare in state of siege one or several places of the Republic.Section 62
When any vacancy occurs in the Senate because of death, resignation or other cause, the government to which the vacancy belongs shall immediately call an election for a new member.
Chapter III Povisions applicable to both HousesSection 63
Both Houses shall assemble, on their own account, every year in ordinary legislative session from March 1 until November 30. The President of the Nation may convoke to extraordinary legislative session or extend the ordinary one.Section 64
Each House shall be the judge of the elections, rights and qualifications of its members, as regards their validity. Neither of them shall meet without the absolute majority of its members; but a smaller number may compel the absent members to attend the meetings, in the terms and under the penalties as each House may provide.Section 65
Both Houses begin and conclude their legislative session simultaneously. Neither of them, while they sit, shall adjourn its meetings for more than three days without the consent of the other.Section 66
Each House shall make its rules of proceedings, and with the concurrence of two-thirds may correct any one of its members for disorderly behavior in the exercise of his duties, or can remove him on account of physical or moral disability occurring after his admission, and may even expel him from the body; but a majority of one more than the half of those present shall be enough to decide on voluntary resignations from office.Section 67
Senators and deputies, on assuming office, shall take an oath to duly perform their duties and to act in all matters in accordance with the provisions herein established.Section 68
No member of Congress shall be accused, judicially examined, or disturbed for opinions expressed or speeches delivered by him while holding office as legislator.Section 69
No senator or deputy shall be arrested as from the day of his election until the expiration of his term, except when flagrantly surprised committing a crime deserving capital punishment or other infamous or serious punishment, in which case a summary report of the facts shall be submitted the corresponding House.Section 70
When a written complaint is filed before the ordinary courts against any senator or deputy, once examined if there is enough evidence in a public trial, each House may, with the concurrence of two-thirds of the votes, suspend the accused party from his office and place him under the jurisdiction of the competent court to be judged.Section 71
Either House shall summon the Ministers of the Executive Power to receive such explanations or reports as it may deem necessary.Section 72
No member of Congress shall be appointed to any civil office or commission under the Executive Power, without the previous consent of the respective House, except for employments subject to promotions.Section 73
Neither the regular members of the clergy nor governors in representation of their own provinces, may be members of Congress.Section 74
The senators and deputies shall receive a remuneration for their services, to be ascertained by law, and paid out of the Treasury of the Nation.
Chapter VI Powers of CongressSection 75
Congress is empowered:
1. To legislate about national Customs. To lay import and export duties that shall be uniform throughout the Nation as well as the valuations on which they are assessed.
2. To levy indirect taxes as a power concurrent with the provinces. To levy direct taxes for a specified term and proportionally equal throughout the national territory, provided that the defense, common security and general welfare of the State so require it. The taxes under this subsection are subject to joint participation, except for those which, in part or in all, have specific allocation. An agreement-law based on understandings between the Nation and the provinces shall establish systems of joint participation for these taxes, guaranteeing the automatic remittance of funds. The distribution among the Nation, the provinces and the City of Buenos Aires, and among themselves, shall be carried out in direct relation to the jurisdictions, services and functions of each one of them taking into account objective sharing criteria; it shall be based on principles of equity and solidarity giving priority to the achievement of a similar degree of development, of living standards and equal opportunities throughout the national territory. The agreement-law shall originate in the Senate and shall be enacted with the absolute majority of all the members of each House; it shall be neither unilaterally amended nor regulated, and shall be approved by the provinces. There shall be no transfer of jurisdictions, services or functions without the corresponding reallocation of funds approved by a law of Congress, when appropriate, and by the interested province or the City of Buenos Aires, as the case may be. A federal fiscal body shall be in charge of the control and monitoring of what is laid down in this subsection, according to the law which shall guarantee the representation of all the provinces and of the City of Buenos Aires as regards its composition.
3. To set and modify specific allocations that may be subject to joint participation, for a specified term, by a special law enacted with the absolute majority of all the members of each House.
4. To borrow money on the credit of the Nation.
5. To decide about the use and sale of national lands.
6. To establish and regulate a Federal bank with power to issue money, as well as other national banks.
7. To settle the payment of the domestic and foreign debt of the Nation.
8. To fix annually, according to the standards laid down in the third paragraph of subsection 2 of this Section, the general budget of expenses and the estimate of resources of the National Administration, based on the general program of the government and on the public investment plan, and to approve or reject the investment account.
9. To grant subsidies from the National Treasury to those provinces the incomes of which, according to their budgets, do not cover their ordinary expenses.
10. To regulate the free navigation of inland rivers, to authorize the operation of such ports as it shall consider necessary, and to set up or suppress Customs.
11. To coin money, to regulate the value there of and that of foreign currency; and to adopt a uniform standard of weights and measures for the whole Nation.
12. To enact the Civil, Commercial, Criminal, Mining, Labor and Social Security Codes, in unified or separate bodies, provided that such codes do not alter local jurisdictions, and their enforcement shall correspond to the federal or provincial courts depending on the respective jurisdictions for persons or things; and particularly to enact general laws of naturalization and nationality for the whole nation, based on the principle of nationality by birth or by option for the benefit of Argentina; as well as laws on bankruptcy, counterfeiting of currency and public documents of the State, and those laws that may be required to establish trial by jury.
13. To regulate trade with foreign nations, and of the provinces among themselves.
14. To regulate and establish the general post offices of the Nation.
15. To settle definitely the boundaries of the national territory, to fix those of the provinces, to create new ones, and to determine, by special legislation, the organization, administration and government that the national territories outside the boundaries assigned to the provinces are to have.
16. To provide for the security of the frontiers.
17. To recognize the ethnic and cultural pre-existence of indigenous peoples of Argentina. To guarantee respect for the identity and the right to bilingual and intercultural education; to recognize the legal capacity of their communities, and the community possession and ownership of the lands they traditionally occupy; and to regulate the granting of other lands adequate and sufficient for human development; none of them shall be sold, transmitted or subject to liens or attachments. To guarantee their participation in issues related to their natural resources and in other interests affecting them. The provinces may jointly exercise these powers.
18. To provide for the prosperity of the country, for the advance and welfare of all the provinces, and for the progress of education, drawing up general and university educational plans, and promoting industry, immigration, the construction of railways and navigable canals, the colonization of government- owned lands, the introduction and establishment of new industries, the imports of foreign capital, and the exploration of inland rivers, through laws protecting these aims and through temporary grants of privileges and stimulating rewards.
19. To provide everything relevant to human development, economic progress with social justice, the growth of the national economy, the creation of jobs, the professional training of workers, the defense of the currency value, the scientific and technological research and development, their overall diffusion and beneficial use. To provide for the harmonious growth of the Nation and the settlement of its territory; to promote differential policies in order to balance the relative unequal development of provinces and regions. These initiatives shall originate in the Senate. To enact laws referring to the organization and basis of education consolidating national unity and respecting provincial and local characteristics; which ensure the state responsibility that cannot be delegated, family and society participation, the fostering of democratic values and equal opportunities and possibilities with no discrimination whatsoever; and which guarantee the principles of free and equitable State public education as well as the autonomy and autarky of national universities. To enact laws protecting the cultural identity and plurality, the free creation and circulation of artistic works of authors, the artistic heritage and places devoted to cultural and audiovisual activities.
20. To establish courts inferior to the Supreme Court; to create and suppress employments, to fix the duties thereof, to grant pensions, to decree honors and to grant general amnesties.
21. To accept or reject the reasons for the resignation of the President or Vice-President of the Republic, and declare the need to call a new election when required.
22. To approve or reject treaties concluded with other nations and international organizations, and concordats with the Holy See. Treaties and concordats have a higher hierarchy than laws. The American Declaration of the Rights and Duties of Man; the Universal Declaration of Human Rights; the American Convention on Human Rights; the International Pact on Economic, Social and Cultural Rights; the International Pact on Civil and Political Rights and its empowering Protocol; the Convention on the Prevention and Punishment of Genocide; the International Convention on the Elimination of all Forms of Racial Discrimination; the Convention on the Elimination of all Forms of Discrimination against Woman; the Convention against Torture and other Cruel, Inhuman or Degrading Treatments or Punishments; the Convention on the Rights of the Child; in the full force of their provisions, they have constitutional hierarchy, do no repeal any section of the First Part of this Constitution and are to be understood as complementing the rights and guarantees recognized herein. They shall only be denounced, in such event, by the National Executive Power after the approval of two-thirds of all the members of each House. In order to attain constitutional hierarchy, the other treaties and conventions on human rights shall require the vote of two-thirds of all the members of each House, after their approval by Congress.
23. To legislate and promote positive measures guaranteeing true equal opportunities and treatment, the full benefit and exercise of the rights recognized by this Constitution and by the international treaties on human rights in force, particularly referring to children, women, the aged, and disabled persons. To issue a special and integral social security system to protect children from abandonment, since pregnancy up to the end of elementary education, and to protect the mother during pregnancy and the period of lactation.
24. To approve treaties of integration which delegate powers and jurisdiction to supranational organizations under reciprocal and equal conditions, and which respect the democratic order and human rights. The rules derived therefrom have a higher hierarchy than laws. The approval of these treaties with Latin American States shall require the absolute majority of all the members of each House. In the case of treaties with other States, the National Congress, with the absolute majority of the members present of each House, shall declare the advisability of the approval of the treaty which shall only be approved with the vote of the absolute majority of all the members of each House, one hundred and twenty days after said declaration of advisability. The denouncement of the treaties referred to in this subsection shall require the prior approval of the absolute majority of all the members of each House.
25. To authorize the Executive Power to declare war or make peace.
26. To empower the Executive Power to order reprisals and to make rules concerning the booty.
27. To establish the Armed Forces in times of peace and war; and to make rules for their organization and government.
28. To authorize the entry of foreign troops into the territory of the Nation and to allow national troops to leave the country.
29. To declare in state of siege one or several parts of the Nation in case of domestic commotion, and to approve or suspend the state of siege declared by the Executive Power during a recess of Congress.
30. To exercise exclusive legislation over the territory of the Capital City of the Nation and to enact the legislation necessary for the achievement of the specific ends of premises of national interest in the territory of the Republic. Provincial and municipal authorities shall hold power to levy taxes and power of police over these premises, insofar as they do not interfere with the achievement of those ends.
31. To order the federal intervention of a province or of the City of Buenos Aires. To approve or revoke the intervention decreed by the Executive Power during its recess.
32. To make all appropriate laws and rules to put into effect the aforementioned powers, and all other powers granted by this Constitution to the Government of the Argentine Nation.Section 76
1. The legislative powers shall not be delegated to the Executive Power save for issues concerning administration and public emergency, with a specified term for their exercise and according to the delegating conditions established by Congress.
2. The expiration of the term foreseen in the previous paragraph shall not imply the revision of the legal relationships emerging from the rules issued as a result of the powers delegated by Congress.
Chapter V Making and enactment of lawsSection 77
1. Laws shall originate in either House of Congress, through bills introduced by their members or by the Executive Power, save for the exceptions established in this Constitution.
2. Bills modifying the electoral system and that of political parties shall be approved by the absolute majority of all the members of the Houses.Section 78
When a bill is passed by the House in which it originated, it is sent to the other House for its debate. Once approved by both, it is sent to the Executive Power of the Nation for its examination; and if it is also approved, it shall become a law.Section 79
After the general approval of a bill, each House is empowered to delegate to its committees the detailed approval of said bill with the vote of the absolute majority of all its members. With equal number of votes, the House may revoke the powers delegated and return to the ordinary procedure. The committee approval shall require the vote of the absolute majority of all its members. Once the bill is approved by the committee, the ordinary procedures shall be followed.Section 80
Any bill not returned within ten working days is to be considered approved by the Executive Power. When a bill is partially rejected, the remaining part shall not be approved. However, non-vetoed parts may only be promulgated if they have normative autonomy and if their partial approval does not alter the spirit or the unity of the bill approved by Congress. In this case, the procedure foreseen for decrees of necessity and urgency shall be applicable.Section 81
No bill wholly rejected by either House shall be reintroduced in the legislative session of the same year. No House shall totally reject a bill originated in it and later added or amended by the revising House. If the bill were subject to additions and amendments by the revising House, the result of the voting shall be made known in order to state if such additions or amendments were made by the absolute majority or by two-thirds of the members present. With the absolute majority of its members present, the originating House shall approve the bill with the additions or amendments made or insist on the original text, unless the additions or amendments were made by the revising House with two-thirds of those members present. In such a case, the bill shall be sent to the Executive Power with the additions or amendments of the revising House, unless the originating House were to insist on the original text with the vote of two-thirds of the members present. The originating House shall not include new additions or amendments to those already made by the revising House.Section 82
The will of each House shall be expressly stated; the tacit or fictitious approval is excluded in all cases.Section 83
If a bill is totally or partially rejected by the Executive Power, it shall return with the objections to the originating House; the latter shall reconsider it and if it is confirmed by a majority of two-thirds of the votes, it shall be sent again to the revising House. If both Houses approve it by such majority, the bill becomes a law and is sent to the Executive Power for promulgation. In all such cases the voting in both Houses shall be by roll call, by yeas and nays; and both the names and grounds of the voters, as well as the objections of the Executive Power shall be immediately published by the press. If the Houses differ as to the objections, the bill cannot be reintroduced in the legislative session of that year.Section 84
In the enactment of laws the following formula shall be used: The Senate and House of Deputies of the Argentine Nation, in Congress assembled, decree or enact as law.
Chapter VI General Auditing Office of the NationSection 85
1. The Legislative Power is exclusively empowered to exercise the external control of the national civil service as regards its estates and its economic, financial and operative aspects.
2. The revision and opinion of the Legislative Power about the performance and the general situation of the national civil service are to be based on the reports of the General Auditing Office of the Nation.
3. This technical advisory body of Congress with functional autonomy, shall be made up as established by the law regulating its creation and operation, which shall be approved by the absolute majority of the members of each House. The chairman of the body shall be appointed under the proposal of the Opposition with the largest number of legislators in Congress.
4. It shall be in charge of the control of the legal aspects, management and auditing of all the activities of the centralized and decentralized civil service, whatever its forms of organization may be, as well as of other powers granted by law. It must take part in the approval or rejection of the revenue and investment accounts of public funds.
Chapter VII The OmbudsmanSection 86
1. The Ombudsman is an independent body created within the sphere of the National Congress operating with full autonomy without receiving instructions from any authority. The mission of the Ombudsman is the defense and protection of human rights and other rights, guarantees and interests sheltered under this Constitution and the laws, in the face of deeds, acts or omissions of the Administration; as well as the control of public administrative functions.
2. The Ombudsman has capacity to be a party in a lawsuit. He is appointed and removed by Congress with the vote of two-thirds of the members present of each House. He has the immunities and privileges of legislators. He shall hold office for the term of five years and may only be re-appointed on one occasion.
3. The organization and operation of this body shall be ruled by a special law. Subtitle II Second Division: Executive Power
Chapter I Its nature and durationSection 87
The Executive Power of the Nation shall be vested in a citizen with the title of "President of the Argentine Nation".Section 88
In case of illness, absence from the Capital City, death, resignation, or removal of the President from office, the Executive Power shall devolve upon the Vice- President of the Nation. In case of removal, death, resignation, or inability of the President and the Vice- President of the Nation, Congress shall determine the public officer who shall exercise the Presidency until the ceasing of the grounds of inability or the election of a new President.Section 89
To be elected President or Vice-President of the Nation it is necessary to have been born in the Argentine territory, or to be the son of a native born citizen if born in a foreign country; and to have the other qualifications required to be elected senator.Section 90
The President and Vice-President shall hold their offices for the term of four years; and they may be re- elected or may succeed each other for only one consecutive term. If they have been re-elected or they have succeeded each other, they cannot be elected for either of these two positions but with the interval of one term.Section 91
The President of the Nation shall cease to exercise power on the same day his four-years term expires; no event that may have interrupted it shall constitute grounds for completing the term later.Section 92
The President and Vice-President receive a remuneration paid out of the Treasury of the Nation, which shall not be altered during their term of office. During this same period they shall neither hold any other office nor receive any other emolument from the Nation or from any province whatsoever.Section 93
On assuming office, the President and Vice- President shall take oath before the President of the Senate and before Congress assembled, respecting their religious beliefs, to: "perform with loyalty and patriotism the office of President (or Vice-President) of the Nation, and to faithfully observe the Constitution of the Argentine Nation, and to cause it to be observed.
Chapter II Procedure and time of the election of President and Vice-President of the NationSection 94
The President and Vice-President of the Nation shall be directly elected by the people, by second ballot, according to this Constitution. To this end, the national territory shall be a single constituency.Section 95
The election shall be held within the two months previous to the expiration of the term of the President in office.Section 96
The second ballot, when appropriate, shall be held between the two voting formulas of the most voted candidates, within thirty days of the previous election.Section 97
If in the first ballot the most voted formula obtains more than forty-five per cent of the affirmative votes validly cast, its members shall be proclaimed President and Vice-President of the Nation.Section 98
If in the first ballot the most voted formula obtains at least forty per cent of the affirmative votes validly cast, and there is a difference of more than ten per cent regarding all the affirmative votes validly cast for the formula following in number of votes, its members shall be proclaimed President and Vice-President of the Nation.
Chapter III Powers of the Executive BranchSection 99
The President of the Nation has the following powers:
1. He is the supreme head of the Nation, head of the government and he is politically responsible for the general administration of the country.
2. He issues the instructions and rules necessary for the enforcement of the laws of the nation, without altering their spirit with regulatory exceptions.
3. He takes part in the making of laws according to the Constitution, promulgates them and has them published. The Executive Power shall in no event issue provisions of legislative nature, in which case they shall be absolutely and irreparably null and void. Only when due to exceptional circumstances the ordinary procedures foreseen by this Constitution for the enactment of laws are impossible to be followed, and when rules are not referred to criminal issues, taxation, electoral matters, or the system of political parties, he shall issue decrees on grounds of necessity and urgency, which shall be decided by a general agreement of ministers who shall countersign them together with the Chief of the Ministerial Cabinet. Within the term of ten days, the Chief of the Ministerial Cabinet shall personally submit the decision to the consideration of the Joint Standing Committee of Congress, which shall be composed according to the proportion of the political representation of the parties in each House. Within the term of ten days, this committee shall submit its report to the plenary meeting of each House for its specific consideration and it shall be immediately discussed by both Houses. A special law enacted with the absolute majority of all the members of each House shall regulate the procedure and scope of Congress participation.
4. He appoints the justices of the Supreme Court with the consent of the Senate by two-thirds of its members present, in a public meeting convoked to this effect. He appoints the other judges of the lower federal courts according to a binding proposal consisting of a list of three candidates submitted by the Council of Magistracy, with the consent of the Senate in a public meeting, in which the qualifications of the candidates shall be taken into account. Once they have attained to the age of seventy five years, a new appointment, with the same consent, shall be necessary so that they may continue in office. Judges of that age or over shall be appointed for five years, and may be indefinitely re- appointed by this same procedure.
5. He may grant pardons or commute punishments for crimes subject to federal jurisdiction, after the report of the corresponding court, except in cases of impeachment by the House of Deputies.
6. He may grant pensions, retirements, leaves of absence, and widowed pensions according to the laws of the Nation.
7. He appoints and removes ambassadors, ministers plenipotentiary and commercial attaches with the consent of the Senate; on his own account, he appoints and removes the Chief of the Ministerial Cabinet and the Ministers, the officers of his Secretariat, consular agents, and other employees whose appointments are not otherwise regulated by this Constitution.
8. He annually performs the opening of the legislative session of Congress, both Houses being assembled for this purpose, reporting on this occasion on the state of the Nation, on amendments promised by the Constitution, and recommending for consideration the measures he deems necessary and advisable.
9. He extends the ordinary legislative session of Congress, or convokes to an extraordinary one when some serious order or progress interest so requires it.
10. He oversees the performance of the duties of the Chief of the Ministerial Cabinet as regards the collection of the revenues of the Nation, and their investment according to the law or budget of national expenditures.
11. He concludes and signs treaties, concordats and other agreements required for the maintenance of good relations with international organizations and foreign powers, he receives their ministers and admits their consuls.
12. He is commander-in-chief of all the Armed Forces of the Nation.
13. He provides for the military posts of the Nation: with the consent of the Senate, he grants posts or ranks for the higher officers of the Armed Forces; and on his own account, he has the same faculties in the battlefield.
14. He has the control of the Armed Forces and is in charge of their organization and distribution, according to the needs of the Nation.
15. He declares war and orders reprisals with the consent and approval of Congress.
16. In the event of foreign attack, he declares, with the consent of the Senate, one or more places of the Nation in state of siege for a limited period. In the event of domestic disorder, he only exerts this power when Congress is in recess, since this is a power pertaining to this body. The President exercises it under the limitations prescribed in Section 23.
17. He may request whatever information he may consider proper from the Chief of the Ministerial Cabinet and from the heads of all branches and departments of the Administration, and through them, from other employees. They are compelled to supply such information.
18. He may leave the territory of the Nation with the consent of Congress. During the recess of the latter, he may only do so without permission on justified grounds of public interest.
19. He is empowered to fill vacancies requiring the consent of the Senate and occurring during its recess, by means of appointments on commission expiring at the end of the next legislative session.
20. He decrees the federal intervention of a province or of the City of Buenos Aires in the event of the recess of Congress, and simultaneously he must convoke the latter to consider such intervention.
Chapter IV The Chief of the Ministerial Cabinet and other Ministers of the Executive PowerSection 100
1. The Chief of the Ministerial Cabinet and the other secretary ministers, whose number and powers shall be determined by a special law, shall be in charge of the business of the Nation and shall countersign and legalize the acts of the President with their signatures, which are essential to become effective.
2. The Chief of the Ministerial Cabinet, politically liable before the National Congress, is empowered:
- To exercise the general administration of the country.
- To perform the acts and issue the rules necessary to exercise the powers granted by this section as well as those delegated by the President of the Nation, being countersigned by the pertinent secretary minister to which the act or rule refers.
- To appoint the employees of the Administration, except for those pertaining to the President.
- To exercise the functions and powers delegated to him by the President of the Nation and, in cabinet agreement, to decide about matters that the Executive Power may indicate to him or, on his own account, about those he deems it necessary due to their importance, within the scope of his jurisdiction.
- ministerial cabinet, presiding at them in the absence of the President.
- To submit to Congress the bills on Ministries and National Budget, with their prior consideration in cabinet agreement and their approval by the Executive Power.
- To have the revenues of the Nation collected and to enforce the National Budget Act.
- To countersign regulatory decrees of the laws, decrees to extend the ordinary legislative session of Congress or to convoke to an extraordinary one, and the messages of the President supporting legislative initiatives.
- To attend the meetings of Congress and take part in its debates, but not to vote.
- Once the ordinary legislative session of Congress has begun, to submit together with the other ministers a detailed report on the state of the Nation regarding the business of the respective departments.
- To give such oral and written reports and explanations that either of the Houses may request from the Executive Power.
- To countersign decrees about powers delegated by Congress, which shall be under the control of the Joint Standing Committee.
- To countersign, together with the other ministers, decrees of necessity and urgency and decrees on partial promulgation of laws. Within ten days of their approval, he shall personally submit these decrees to the consideration of the Joint Standing Committee.
3. The Chief of the Ministerial Cabinet shall not be simultaneously appointed to another ministry.Section 101
The Chief of the Ministerial Cabinet shall attend Congress at least once a month, alternating between each House, to report on the progress of the government, notwithstanding the provisions of Section 71. He may be interpellated for the purpose of considering a vote of censure, by the vote of the absolute majority of all the members of either House, and he may be removed by the vote of the absolute majority of the members of each House.Section 102
Each minister shall be responsible for the acts he legalizes; and shall be jointly responsible for those he agrees on with his colleagues.Section 103
Ministers shall in no case adopt resolutions on their own account, except in relation to matters concerning the economic and administrative affairs of their respective departments.Section 104
After the opening of the legislative session, the ministers of the Cabinet shall submit to Congress a detailed report on the state of the Nation regarding the business of their respective departments.Section 105
The ministers shall be neither senators nor deputies without resigning their offices as ministers.Section 106
Ministers may attend the meetings of Congress and take part in its debates, but shall not vote.Section 107
They shall receive for their services a remuneration established by law, which shall neither be increased nor diminished in favor or to the detriment of the incumbents. Subtitle III Third Division: The Judicial Power
Chapter I Its nature and durationSection 108
The Judicial Power of the Nation shall be vested in a Supreme Court and in such lower courts as Congress may constitute in the territory of the Nation.Section 109
In no case the President of the Nation shall exercise judicial functions, assume jurisdiction over pending cases, or reopen those already adjudged.Section 110
The Justices of the Supreme Court and the judges of the lower courts of the Nation shall hold their offices during good behavior, and shall receive for their services a remuneration to be ascertained by law and which shall not be diminished in any way while holding office.Section 111
To be a member of the Supreme Court it is necessary to be a lawyer of the Nation, with eight years of practice, and with the same qualifications required to be a senator.Section 112
On occasion of the first installation of the Supreme Court, the persons designated shall take an oath before the President of the Nation, to perform their duties, to administer justice in a proper and faithful manner, and in accordance with the provisions of the Constitution. In the future, they shall take the oath before the Chief Justice of the Court.Section 113
The Supreme Court shall issue its own internal regulations, and appoint its subordinate employees.Section 114
1. The Council of Magistracy, ruled by a special law enacted by the absolute majority of all the members of each House, shall be in charge of the selection of the judges and of the administration of the Judicial Power.
2. The Council shall be periodically constituted so as to achieve the balance among the representation of the political bodies arising from popular election, of the judges of all instances, and of the lawyers with federal registration. It shall likewise be composed of such other scholars and scientists as indicated by law in number and form.
3. It is empowered:
- To select the candidates to the lower courts by public competition.
- To issue proposals in binding lists of three candidates for the appointment of the judges of the lower courts.
- To be in charge of the resources and to administer the budget assigned by law to the administration of justice.
- To apply disciplinary measures to judges.
- To decide the opening of the proceedings for the removal of judges, when appropriate to order their suspension, and to make the pertinent accusation.
- To issue the rules about the judicial organization and all those necessary to ensure the independence of judges and the efficient administration of justice.
1. The judges of the lower courts of the Nation shall be removed on the grounds stated in Section 53, by a special jury composed of legislators, judges, and lawyers with federal registration.
2. The decision, which cannot be appealed, shall have no other effect than the removal of the accused. But the condemned party shall nevertheless be subject to accusation, trial, and punishment according to law before the ordinary courts.
3. If no decision was taken after the term of one hundred and eighty days since the opening of the proceedings for removal, said proceedings are to be filed and, in that event, the suspended judge shall be reinstated.
4. The composition and procedure of this jury shall be stated in the special law mentioned in Section 114.
Chapter II Powers of the JudiciarySection 116
The Supreme Court and the lower courts of the Nation are empowered to hear and decide all cases arising under the Constitution and the laws of the Nation, with the exception made in Section 75, subsection 12, and under the treaties made with foreign nations; all cases concerning ambassadors, public ministers and foreign consuls; cases related to admiralty and maritime jurisdiction; matters in which the Nation shall be a party; actions arising between two or more provinces, between one province and the inhabitants of another province, between the inhabitants of different provinces, and between one province or the inhabitants thereof against a foreign state or citizen.Section 117
In the aforementioned cases the Supreme Court shall have appellate jurisdiction, with such regulations and exceptions as Congress may prescjribe; but in all matters concerning foreign ambassadors, ministers and consuls, and in those in which a province shall be a party, the Court shall have original and exclusive jurisdiction.Section 118
The trial of all ordinary criminal cases not arising from the right to impeach granted to the House of Deputies, shall be decided by jury once this institution is established in the Nation. The trial shall be held in the province where the crime has been committed; but when committed outside the territory of the Nation against public international law, the trial shall be held at such place as Congress may determine by a special law.Section 119
Treason against the Nation shall only consist in rising in arms against it, or in joining its enemies, supplying them with aid and assistance. Congress shall by a special law determine the punishment for this crime; but the penalty shall not extend beyond the person of the convicted, nor shall this dishonor be transmitted to relatives of any degree. Subtitle IV Fourth Division: The Public MinistrySection 120
1. The Public Ministry is an independent body with functional autonomy and financial autarky, with the function of promoting the participation of justice for the defense of the legal character of the general interests of society, in coordination with the other authorities of the Republic.
2. It is composed of an Attorney General of the Nation and a General Defender of the Nation, and such other members as the law may establish.
3. Its members enjoy functional immunities and intangibility of remunerations. Title II Provincial GovernmentsSection 121
The provinces reserve to themselves all the powers not delegated to the Federal Government by this Constitution, as well as those powers expressly reserved to themselves by special pacts at the time of their incorporation.Section 122
They determine their own local institutions and are governed by them. They elect their governors, legislators, and other provincial officers, without intervention of the federal government.Section 123
Each province enacts its own Constitution as stated in Section 5, ensuring municipal autonomy and ruling its scope and content regarding the institutional, political, administrative, economic and financial aspects.Section 124
1. The provinces are empowered to set up regions for the economic and social development and to establish entities for the fulfillment of their purposes, and they are also empowered, with the knowledge of Congress, to enter into international agreements provided they are consistent with the national foreign policy and do not affect the powers delegated to the Federal Government or the public credit of the Nation. The City of Buenos Aires shall have the regime which is to be established to that effect.
2. The provinces have the original dominion over the natural resources existing in their territory.Section 125
1. The provinces may enter into partial treaties for purposes of the administration of justice, of economic interests, and works of common benefit, with the knowledge of the Federal Congress; and may promote their industry, immigration, the construction of railways and navigable canals, the colonization of provincial-owned lands; the introduction and establishment of new industries, the imports of foreign capitals and the exploration of their rivers, by means of laws protecting these ends and with their own resources.
2. The provinces and the City of Buenos Aires may continue with their own social security entities for civil servants and professionals; and may promote economic progress, human development, creation of jobs, education, science, knowledge and culture.Section 126
The provinces do not exercise the power delegated to the Nation. Provinces shall in no case enter into any partial treaty of political nature; enact laws dealing with commerce, inland or foreign navigation; establish provincial Customs; coin money; establish banks with power to issue money without authorization from the Federal Congress; enact civil, commercial, criminal, or mining codes after Congress had enacted them; enact special laws regarding citizenship and naturalization, bankruptcy, counterfeiting of currency or State documents; lay any duty on tonnage; supply ships of war or raise armies, except in the event of foreign invasion or in such imminent danger that shall not admit a delay, notifying immediately to the Federal Government; appoint or receive foreign agents.Section 127
No province shall declare or make war against another province. Their claims must be submitted to the Supreme Court and settled by it. Their de facto hostilities are acts of civil war, considered as sedition or mutiny, which the Federal Government must suppress and punish in accordance with the law.Section 128
The governors of the provinces are the natural agents of the Federal Government for the enforcement of the Constitution and the laws of the Nation.Section 129
1. The City of Buenos Aires shall have an autonomous system of government with power of legislation and jurisdiction, and the head of its government shall be directly elected by the people of the City.
2. While the City of Buenos Aires is the Capital City of the Nation, a law shall guarantee the interests of the National State.
3. According to the aforementioned provisions of this section, the National Congress shall convoke the inhabitants of the City of Buenos Aires so that the representatives that are to be elected for that purpose issue the Organizing Statute of their institutions.