ProfilArgentina

1. Nama Resmi : Republik Argentina2. Ibu Kota Negara : Buenos Aires3. Konstitusi : 1853 di revisi tahun 19944. Bahasa Resmi : Spanyol5. Bentuk Negara : Federal6. Sistem Pemerintahan : Presidensial7. Bentuk Pemerintahan : Republik8. Kepala Negara : Presiden (Presiden dan Wakil Presiden dipilih setiap 4 tahun sekali)9. Kepala Pemerintahan : Presiden10. Lembaga Legislatif : Bikameral, Kongres Nasional (Congreso de la Nación) terdiri dari Senat

(Senado) dan Chamber of Deputies (Camara de Diputados).11. Lembaga Yudikatif : Mahkamah Agung atau Corte Suprema (Sembilan Hakim Mahkamah Agung

diangkat oleh Presiden atas persetujuan Senat)

Constitution of the Argentine NationPreamble

We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assemblyby the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in orderto form a national union, guarantee justice, secure domestic peace, provide for the common defense,promote the general welfare and secure the blessings of liberty to ourselves, to our posterity, and to allmen of the world who wish to dwell on argentine soil: invoking the protection of God, source of allreason and justice: do ordain, decree, and establish this Constitution for the Argentine Nation.

[Part I] First PartChapter I Declarations, Rights, and

Guarantees

Section 1The Argentine Nation adopts the federal republicanrepresentative form of government, as thisConstitution establishes.

Section 2The Federal Government supports the RomanCatholic Apostolic religion.

Section 3The authorities in charge of the FederalGovernment shall reside in the city to be declaredCapital of the Republic by a special law ofCongress, once settled the cession of the territoryto be federalized by one or more provinciallegislatures.

Section 4The Federal Government provides for theexpenditures of the Nation with the funds of theNational Treasury, composed of the proceeds ofexport and import duties, the sale or lease of landsowned by the Nation, the revenues of the Posts,other taxes equitably and proportionally levied onthe population by the National Congress, and ofwhatever loans and credit transactions Congressmay order in case of national emergencies or forenterprises of national interest.

Section 5Each province shall enact its own constitutionunder the republican, representative system, inaccordance with the principles, declarations, andguarantees of the National Constitution, ensuring

its administration of justice, municipal regime, andelementary education. Under these conditions, theFederal Government shall guarantee each provincethe full exercise of its institutions.

Section 6The Federal Government may intervene in theterritory of the provinces in order to guarantee therepublican form of government or to repel foreigninvasions; and at the request of their constitutedauthorities, it may intervene to support orreestablish them, should they have been deposedby sedition or invasion from another province.

Section 7The public acts and judicial proceedings of oneprovince are worthy of full faith in the others; andCongress may, by general laws, prescribe the mannerin which such acts and proceedings shall be provedand the legal effects thereof.

Section 8The citizens of each province shall be entitled toall rights, privileges, and immunities inherent inthe condition of citizen in the other provinces.The extradition of criminals is a reciprocalobligation among all the provinces.

Section 9Throughout the territory of the Nation there shallbe no other Customs than the national ones, inwhich the tariffs enacted by Congress shall be inforce.

Section 10The circulation of goods of national productionor manufacture is free from duties throughout theRepublic, as well as the circulation of articles and

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merchandise of all kinds cleared in the nationalCustoms.

Section 11Goods of national or foreign production ormanufacture, as well as livestock of all kinds, thatmay pass through the territory of one province toanother, shall be free from the so called transitduties, the same as the carriages, vessels or beastsin or on which they are transported; and no otherduty, whatever its name may be, shall be imposedon them by reason of their passing through theterritory.

Section 12Vessels sailing from one province to another shallnot be bound to enter, anchor, or pay transit duties;and no preference shall be granted in any case toany port in respect of another, by means of tradinglaws or regulations.

Section 13New provinces may be admitted into the Nation;but a new province shall neither be establishedwithin the territory of another province orprovinces, nor be formed from several, withoutthe consent of the legislatures of the provincesconcerned as well as that of Congress.

Section 14All the inhabitants of the Nation are entitled tothe following rights, in accordance with the lawsthat regulate their exercise, namely: to work andperform any lawful industry; to navigate and trade;to petition the authorities; to enter, remain in,travel through, and leave the Argentine territory;to publish their ideas through the press withoutprevious censorship; to make use and dispose oftheir property; to associate for useful purposes; toprofess freely their religion; to teach and to learn.

Section 14bis(1) Labor in its several forms shall be protected

by law, which shall ensure to workers:dignified and equitable working conditions;limited working hours; paid rest andvacations; fair remuneration; minimum vitaland adjustable wage; equal pay for equalwork; participation in the profits ofenterprises, with control of production and

collaboration in the management; protectionagainst arbitrary dismissal; stability of the civilservant; free and democratic labor unionorganizations recognized by the mereregistration in a special record.

(2) Trade unions are hereby guaranteed: the rightto enter into collective labor bargains; toresort to conciliation and arbitration; theright to strike. Union representatives shallhave the guarantees necessary for carrying outtheir union tasks and those related to thestability of their employment.

(3) The State shall grant the benefits of socialsecurity, which shall be of an integral natureand may not be waived. In particular, thelaws shall establish: compulsory socialinsurance, which shall be in charge of nationalor provincial entities with financial andeconomic autonomy, administered by theinterested parties with State participation,with no overlapping of contributions;adjustable retirements and pensions; fullfamily protection; protection of homestead;family allowances and access to a worthyhousing.

Section 15In the Argentine Nation there are no slaves: thefew who still exist shall become free as from theswearing of his Constitution; and a special lawshall regulate whatever compensation thisdeclaration may give rise to. Any contract for thepurchase and sale of persons is a crime for whichthe parties shall be liable, as well as the notary orofficer authorizing it. And slaves who by any meansenter the nation shall be free by the mere fact ofentering the territory of the Republic.

Section 16The Argentine Nation admits neither blood norbirth prerogatives: there are neither personalprivileges nor titles of nobility. All its inhabitantsare equal before the law, and admissible toemployment without any other requirement thantheir ability. Equality is the basis of taxation andpublic burdens.

Section 17Property may not be violated, and no inhabitantof the Nation can be deprived of it except by

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virtue of a sentence based on law. Expropriationfor reasons of public interest must be authorizedby law and previously compensated. Only Congresslevies the taxes mentioned in Section 4. No personalservice can be requested except by virtue of a lawor sentence based on law. Every author or inventoris the exclusive owner of his work, invention, ordiscovery for the term granted by law. Theconfiscation of property is hereby abolished foreverfrom the Argentine Criminal Code. No armed bodymay make requisitions nor demand assistance ofany kind.

Section 18No inhabitant of the Nation may be punishedwithout previous trial based on a law enacted beforethe act that gives rise to the process, nor tried byspecial committees, nor removed from the judgesappointed by law before the act for which he istried. Nobody may be compelled to testify againsthimself, nor be arrested except by virtue of a writtenwarrant issued by a competent authority. Thedefense by trial of persons and rights may not beviolated. The domicile may not be violated, as wellas the written correspondence and private papers;and a law shall determine in which cases and forwhat reasons their search and occupation shall beallowed. Death penalty for political causes, anykind of tortures and whipping, are foreverabolished. The prisons of the Nation shall behealthy and clean, for the security and not for thepunishment of the prisoners confined therein; andany measure taken with the pretext of precautionwhich may lead to mortify them beyond thedemands of security, shall render liable the judgewho authorizes it.

Section 19The private actions of men which in no way offendpublic order or morality, nor injure a third party,are only reserved to God and are exempted fromthe authority of judges. No inhabitant of theNation shall be obliged to perform what the lawdoes not demand nor deprived of what it does notprohibit.

Section 20Foreigners enjoy within the territory of the Nationall the civil rights of citizens; they may exercisetheir industry, trade and profession; own real

property, buy and sell it; navigate the rivers andcoasts; practice freely their religion; make wills andmarry under the laws. They are not obliged to acceptcitizenship nor to pay extraordinary compulsorytaxes. They may obtain naturalization papersresiding two uninterrupted years in the Nation;but the authorities may shorten this term in favorof those so requesting it, alleging and provingservices rendered to the Republic.

Section 21Every Argentine citizen is obliged to bear arms indefense of the fatherland and of this Constitution,in accordance with the laws issued by Congressand the Decrees of the National Executive Powerto this effect. Citizens by naturalization are free torender or not this service for a period of ten yearsas from the date they obtain naturalization papers.

Section 22The people neither deliberate nor govern exceptthrough their representatives and authoritiesestablished by this Constitution. Any armed forceor meeting of persons assuming the rights of thepeople and petitioning in their name, commits thecrime of sedition.

Section 23In the event of domestic disorder or foreign attackendangering the full enforcement of thisConstitution and of the authorities herebyestablished, the province or territory which is in aturmoil shall be declared in state of siege and theconstitutional guarantees shall be suspended therein.But during such a suspension the President of theRepublic shall not pronounce judgment or applypenalties on his own. In such case, his power shallbe limited, with respect to persons, to their arrestor transfer from one place of the Nation toanother, should they not prefer to leave theArgentine territory.

Section 24Congress shall promote the reform of the presentlegislation in all its branches, and the establishmentof trial by jury.

Section 25The Federal Government shall foster Europeanimmigration; and may not restrict, limit or burden

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with any tax whatsoever, the entry into theArgentine territory of foreigners who arrive forthe purpose of tilling the soil, improving industries,and introducing and teaching arts and sciences.

Section 26Navigation of the inland rivers of the Nation isfree for all flags, only subject to the regulationsissued by the national authority.

Section 27The Federal Government is under the obligationto strengthen its relationships of peace and tradewith foreign powers, by means of treaties inaccordance with the principles of public law laiddown by this Constitution.

Section 28The principles, guarantees and rights recognized inthe preceding sections shall not be modified by thelaws thatregulate their enforcement.

Section 29Congress may not vest on the National ExecutivePower - nor may the provincial legislatures vest onthe provincial governors - extraordinary powers orthe total public authority; it may not grant acts ofsubmission or supremacy whereby the life, honor,or wealth of the Argentine people will be at themercy of governments or any person whatsoever.Acts of this nature shall be utterly void, and shallrender those who formulate them, consent to themor sign them, liable to be condemned as infamoustraitors to their fatherland.

Section 30The Constitution may be totally or partiallyamended. The necessity of reform must be declaredby Congress with the vote of at least two-thirdsof the members; but it shall not be carried outexcept by an Assembly summoned to that effect.

Section 31This Constitution, the laws of the Nation enactedby Congress in pursuance thereof, and treaties withforeign powers, are the supreme law of the Nation;and the authorities of each province are boundthereby, notwithstanding any provision to thecontrary included in the provincial laws orconstitutions, except for the province of Buenos

Aires, the treaties ratified after the Pact ofNovember 11, 1859.

Section 32The Federal Congress shall not enact laws restrictingthe freedom of printing or establishing federaljurisdiction over it.

Section 33The declarations, rights and guarantees which theConstitution enumerates shall not be construed asa denial of other rights and guarantees notenumerated, but rising from the principle ofsovereignty of the people and from the republicanform of government.

Section 34The judges of the federal courts cannot at the sametime hold an office in the provincial courts. Thefederal service, whether civil or military, shall notgrant a right of residence in the province in whichit is performed unless it is where the employeehabitually resides, this provision being understoodas pertaining to the right to choose employmentsin the province in which he accidentally happensto be.

Section 35The denominations successively adopted from 1810up to the present, namely: “United Provinces ofthe River Plate”; “Argentine Republic”; “ArgentineConfederation”, shall henceforth be official namesto be indistinctly used for the designation of thegovernment and territory of the provinces, thewords “Argentine Nation” being used in the makingand enactment of laws.

Chapter II New Rights and Guarantees

Section 36(1) This Constitution shall rule even when its

observance is interrupted by acts of forceagainst the institutional order and thedemocratic system. These acts shall beirreparably null.

(2) Their authors shall be punished with thepenalty foreseen in Section 29, disqualifiedin perpetuity from holding public offices andexcluded from the benefits of pardon andcommutation of sentences.

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(3) Those who, as a consequence of these acts,were to assume the powers foreseen for theauthorities of this Constitution or for thoseof the provinces, shall be punished with thesame penalties and shall be civil and criminallyliable for their acts. The respective actionsshall not be subject to prescription.

(4) All citizens shall have the right to opposeresistance to those committing the acts offorce stated in this section.

(5) He who, procuring personal enrichment,incurs in serious fraudulent offense againstthe Nation shall also attempt against thedemocratic system, and shall be disqualifiedto hold public office for the term specifiedby law.

(6) Congress shall enact a law on public ethicswhich shall rule the exercise of public office.

Section 37(1) This Constitution guarantees the full exercise

of political rights, in accordance with theprinciple of popular sovereignty and withthe laws derived therefrom. Suffrage shall beuniversal, equal, secret and compulsory.

(2) Actual equality of opportunities for men andwomen to elective and political party positionsshall be guaranteed by means of positiveactions in the regulation of political partiesand in the electoral system.

Section 38(1) Political parties are basic institutions of the

democratic system.(2) This Constitution guarantees the free

establishment and exercise of their activities,as well as their democratic organization andperformance, representation of minoritygroups, competition for those standing ascandidates for elective public positions, accessto public information and communication oftheir ideas.

(3) The State contributes to the economicsupport of their activities and the trainingof their leaders.

(4) Political parties shall make public the sourceand destiny of their funds and assets.

Section 39(1) Citizens shall have the right to introduce bills

before the House of Deputies. Congress shallconsider them within the term of twelvemonths.

(2) Congress shall enact, with the vote of theabsolute majority of all the members of eachHouse, a regulatory law that cannot demandmore than three per cent of the nationalvoters register, which shall be consistent withan adequate territorial distribution in orderto support the initiative.

(3) Bills referring to constitutional reform,international treaties, taxation, budget, andcriminal legislation shall not originate inpopular initiatives.

Section 40(1) At the initiative of the House of Deputies,

Congress may submit a bill to popularconsultation. The law calling said consultationshall not be vetoed. With the affirmative voteof the people of the Nation, the bill shallbecome a law and its promulgation shall beautomatic.

(2) Congress or the President of the Nation,according to their respective powers, shallcall a non-binding popular consultation. Inthis case voting shall not be compulsory.

(3) With the vote of the absolute majority of allthe members of each House, Congress shallregulate the subjects, procedures and time ofthe popular consultation.

Section 41(1) All inhabitants are entitled to the right to a

healthy and balanced environment fit forhuman development in order that productiveactivities shall meet present needs withoutendangering those of future generations; andshall have the duty to preserve it. As a firstpriority, environmental damage shall bringabout the obligation to repair it according tolaw.

(2) The authorities shall provide for theprotection of this right, the rational use ofnatural resources, the preservation of thenatural and cultural heritage and of thebiological diversity, and shall also provide forenvironmental information and education.

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(3) The Nation shall regulate the minimumprotection standards, and the provinces thosenecessary to reinforce them, without alteringtheir local jurisdictions.

(4) The entry into the national territory ofpresent or potential dangerous wastes, andof radioactive ones, is forbidden.

Section 42(1) As regards consumption, consumers and users

of goods and services have the right to theprotection of their health, safety, andeconomic interests; to adequate and truthfulinformation; to freedom of choice andequitable and reliable treatment.

(2) The authorities shall provide for theprotection of said rights, the education forconsumption, the defense of competitionagainst any kind of market distortions, thecontrol of natural and legal monopolies, thecontrol of quality and efficiency of publicutilities, and the creation of consumer anduser associations.

(3) Legislation shall establish efficient proceduresfor conflict prevention and settlement, aswell as regulations for national public utilities.Such legislation shall take into account thenecessary participation of consumer and userassociations and of the interested provincesin the control entities.

Section 43(1) Any person shall file a prompt and summary

proceeding regarding constitutionalguarantees, provided there is no other legalremedy, against any act or omission of thepublic authorities or individuals whichcurrently or imminently may damage, limit,modify or threaten rights and guaranteesrecognized by this Constitution, treaties orlaws, with open arbitrariness or illegality. Insuch case, the judge may declare that the actor omission is based on an unconstitutionalrule.

(2) This summary proceeding against any formof discrimination and about rights protectingthe environment, competition, users andconsumers, as well as about rights of generalpublic interest, shall be filed by the damagedparty, the ombudsman and the associations

which foster such ends registered accordingto a law determining their requirements andorganization forms.

(3) Any person shall file this action to obtaininformation on the data about himself andtheir purpose, registered in public records ordata bases, or in private ones intended tosupply information; and in case of false dataor discrimination, this action may be filed torequest the suppression, rectification,confidentiality or updating of said data. Thesecret nature of the sources of journalisticinformation shall not be impaired.

(4) When the right damaged, limited, modified,or threatened affects physical liberty, or incase of an illegitimate worsening ofprocedures or conditions of detention, or offorced missing of persons, the action of habeascorpus shall be filed by the party concernedor by any other person on his behalf, and thejudge shall immediately make a decision evenunder state of siege.

[Part II] Second Part Authorities of theNation

Title I Federal Government[Subtitle I] First Division: Legislative

Power[Chapter 0 General Provision]

Section 44 [Legislative Power]The Legislative Power of the Nation shall be vestedin a Congress composed of two Houses, one ofDeputies of the Nation and the other of Senatorsfor the provinces and for the City of Buenos Aires.

Chapter I The House of Deputies

Section 45The House of Deputies shall be composed ofrepresentatives directly elected by the people ofthe provinces, of the City of Buenos Aires, and ofthe Capital City in case of its moving, which forthis purpose are considered as constituencies of asingle state, and by simple plurality of votes. Thenumber of representatives shall be one for everythirty-three thousand inhabitants or fraction notunder sixteen thousand five hundred inhabitants.After each census, Congress shall establish therepresentation in accordance with the same, being

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empowered to increase but not to decrease thebasis indicated for each deputy.

Section 46The deputies for the first legislative session shall beappointed in the following proportion: for theprovince of Buenos Aires, twelve; for that ofCórdoba, six; for that of Catamarca, three; for thatof Corrientes, four; for that of Entre Ríos, 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 SanLuis, two; and for that of Tucumán, three.

Section 47For the second legislative session a general censusshall be carried out and the number of deputiesshall be arranged according thereto; but this censusshall only be renewed every ten years.

Section 48In order to be a deputy it is necessary to haveattained to the age of 25 years; to have been fouryears a fully qualified citizen; and to be a native ofthe province electing him or to have two years ofimmediate residence therein.

Section 49On this occasion, the Legislatures of the provincesshall regulate the means to hold the direct electionof the deputies of the Nation; in the future,Congress shall enact a general law.

Section 50Deputies shall hold office for a term of four yearsand may be re-elected; but the House shall berenewed by halves every two years; for this purposethose elected for the first legislative session, aftermeeting, shall draw lots to decide those who shallleave after the first period.

Section 51In case of vacancy, the Government of the provinceor of the Capital City shall proceed to call a legalelection for a new member.

Section 52All bills for raising revenue and for the recruitmentof troops shall exclusively originate in the Houseof Deputies.

Section 53Only the House of Deputies has the power toimpeach before the Senate the President, the Vice-President, the Chief of the Ministerial Cabinet,the Ministers, and the Justices of the SupremeCourt, in such cases of responsibility as are broughtagainst them for misconduct or crimes committedin the fulfillment of their duties; or for ordinarycrimes, after having known about them and afterthe decision to bring an action had been voted by amajority of two-thirds of its members present.

Chapter II The Senate

Section 54The Senate shall be composed of three senatorsfor each province, and three for the City of BuenosAires, jointly and directly elected, correspondingtwo seats to the political party obtaining themajority of votes, and the other seat to the politicalparty following in number of votes. Each senatorshall have one vote.

Section 55In order to be elected senator the followingconditions are required: to have attained to the ageof 30 years, to have been six years a citizen of theNation, to have an annual income of two thousandstrong pesos or similar revenues, and to be a nativeof the province electing him or to have two yearsof immediate residence therein.

Section 56Senators shall hold office for a term of six yearsand may be indefinitely re-elected; but the Senateshall be renewed by one-third of the constituenciesevery two years.

Section 57The Vice-President of the Nation shall be Presidentof the Senate; but he shall have no vote unless incase of equality of votes.

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Section 58The Senate shall appoint a President pro temporeto preside it in case of absence of the Vice-President, or when he holds the office of Presidentof the Nation.

Section 59The Senate is empowered to judge in public trialthose impeached by the House of Deputies, itsmembers being on oath for the case. When thePresident of the Nation is impeached, the Senateshall be presided by the Chief Justice of the SupremeCourt. No person shall be declared guilty withoutthe majority of two-thirds of the members present.

Section 60The judgment shall not extend further than toremove the accused person from office, and todisqualify him to hold any office of honor, trust,or profit in the Nation. But the party declared guiltyshall, nevertheless, be subject to accusation, trial,and punishment according to law before theordinary courts.

Section 61In case of foreign attack, the Senate is alsoempowered to authorize the President of theNation to declare in state of siege one or severalplaces of the Republic.

Section 62When any vacancy occurs in the Senate because ofdeath, resignation or other cause, the governmentto which the vacancy belongs shall immediatelycall an election for a new member.

Chapter III Povisions applicable to bothHouses

Section 63Both Houses shall assemble, on their own account,every year in ordinary legislative session from March1 until November 30. The President of the Nationmay convoke to extraordinary legislative sessionor extend the ordinary one.

Section 64Each House shall be the judge of the elections,rights and qualifications of its members, as regardstheir validity. Neither of them shall meet withoutthe absolute majority of its members; but a smaller

number may compel the absent members to attendthe meetings, in the terms and under the penaltiesas each House may provide.

Section 65Both Houses begin and conclude their legislativesession simultaneously. Neither of them, while theysit, shall adjourn its meetings for more than threedays without the consent of the other.

Section 66Each House shall make its rules of proceedings,and with the concurrence of two-thirds may correctany one of its members for disorderly behavior inthe exercise of his duties, or can remove him onaccount of physical or moral disability occurringafter his admission, and may even expel him fromthe body; but a majority of one more than the halfof those present shall be enough to decide onvoluntary resignations from office.

Section 67Senators and deputies, on assuming office, shalltake an oath to duly perform their duties and to actin all matters in accordance with the provisionsherein established.

Section 68No member of Congress shall be accused, judiciallyexamined, or disturbed for opinions expressed orspeeches delivered by him while holding office aslegislator.

Section 69No senator or deputy shall be arrested as from theday of his election until the expiration of his term,except when flagrantly surprised committing acrime deserving capital punishment or otherinfamous or serious punishment, in which case asummary report of the facts shall be submitted thecorresponding House.

Section 70When a written complaint is filed before theordinary courts against any senator or deputy, onceexamined if there is enough evidence in a publictrial, each House may, with the concurrence oftwo-thirds of the votes, suspend the accused partyfrom his office and place him under the jurisdictionof the competent court to be judged.

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Section 71Either House shall summon the Ministers of theExecutive Power to receive such explanations orreports as it may deem necessary.

Section 72No member of Congress shall be appointed to anycivil office or commission under the ExecutivePower, without the previous consent of therespective House, except for employments subjectto promotions.

Section 73Neither the regular members of the clergy norgovernors in representation of their own provinces,may be members of Congress.

Section 74The senators and deputies shall receive aremuneration for their services, to be ascertainedby law, and paid out of the Treasury of the Nation.

Chapter VI Powers of Congress

Section 75Congress is empowered:1. To legislate about national Customs. To lay

import and export duties that shall be uniformthroughout the Nation as well as thevaluations on which they are assessed.

2. To levy indirect taxes as a power concurrentwith the provinces. To levy direct taxes for aspecified term and proportionally equalthroughout the national territory, providedthat the defense, common security and generalwelfare of the State so require it. The taxesunder this subsection are subject to jointparticipation, except for those which, in partor in all, have specific allocation.An agreement-law based on understandingsbetween the Nation and the provinces shallestablish systems of joint participation forthese taxes, guaranteeing the automaticremittance of funds.The distribution among the Nation, theprovinces and the City of Buenos Aires, andamong themselves, shall be carried out indirect relation to the jurisdictions, servicesand functions of each one of them takinginto account objective sharing criteria; it shall

be based on principles of equity and solidaritygiving priority to the achievement of a similardegree of development, of living standardsand equal opportunities throughout thenational territory.The agreement-law shall originate in theSenate and shall be enacted with the absolutemajority of all the members of each House;it shall be neither unilaterally amended norregulated, and shall be approved by theprovinces.There shall be no transfer of jurisdictions,services or functions without thecorresponding reallocation of funds approvedby a law of Congress, when appropriate, andby the interested province or the City ofBuenos Aires, as the case may be.A federal fiscal body shall be in charge of thecontrol and monitoring of what is laid downin this subsection, according to the law whichshall guarantee the representation of all theprovinces and of the City of Buenos Aires asregards its composition.

3. To set and modify specific allocations thatmay be subject to joint participation, for aspecified term, by a special law enacted withthe absolute majority of all the members ofeach House.

4. To borrow money on the credit of theNation.

5. To decide about the use and sale of nationallands.

6. To establish and regulate a Federal bank withpower to issue money, as well as other nationalbanks.

7. To settle the payment of the domestic andforeign debt of the Nation.

8. To fix annually, according to the standardslaid down in the third paragraph ofsubsection 2 of this Section, the generalbudget of expenses and the estimate ofresources of the National Administration,based on the general program of thegovernment and on the public investmentplan, and to approve or reject the investmentaccount.

9. To grant subsidies from the National Treasuryto those provinces the incomes of which,according to their budgets, do not cover theirordinary expenses.

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10. To regulate the free navigation of inlandrivers, to authorize the operation of suchports as it shall consider necessary, and to setup or suppress Customs.

11. To coin money, to regulate the value thereofand that of foreign currency; and to adopt auniform standard of weights and measuresfor the whole Nation.

12. To enact the Civil, Commercial, Criminal,Mining, Labor and Social Security Codes, inunified or separate bodies, provided that suchcodes do not alter local jurisdictions, and theirenforcement shall correspond to the federalor provincial courts depending on therespective jurisdictions for persons or things;and particularly to enact general laws ofnaturalization and nationality for the wholenation, based on the principle of nationalityby birth or by option for the benefit ofArgentina; as well as laws on bankruptcy,counterfeiting of currency and publicdocuments of the State, and those laws thatmay be required to establish trial by jury.

13. To regulate trade with foreign nations, andof the provinces among themselves.

14. To regulate and establish the general postoffices of the Nation.

15. To settle definitely the boundaries of thenational ter ritory, to fix those of theprovinces, to create new ones, and todetermine, by special legislation, theorganization, administration and governmentthat the national territories outside theboundaries assigned to the provinces are tohave.

16. To provide for the security of the frontiers.17. To recognize the ethnic and cultural pre-

existence of indigenous peoples ofArgentina. To guarantee respect for theidentity and the right to bilingual andintercultural education; to recognize the legalcapacity of their communities, and thecommunity possession and ownership of thelands they traditionally occupy; and toregulate the granting of other lands adequateand sufficient for human development; noneof them shall be sold, transmitted or subjectto liens or attachments. To guarantee theirparticipation in issues related to their naturalresources and in other interests affecting

them. The provinces may jointly exercisethese powers.

18. To provide for the prosperity of the country,for the advance and welfare of all theprovinces, and for the progress of education,drawing up general and university educationalplans, and promoting industry, immigration,the construction of railways and navigablecanals, the colonization of government-owned lands, the introduction andestablishment of new industries, the importsof foreign capital, and the exploration ofinland rivers, through laws protecting theseaims and through temporary grants ofprivileges and stimulating rewards.

19. To provide everything relevant to humandevelopment, economic progress with socialjustice, the growth of the national economy,the creation of jobs, the professional trainingof workers, the defense of the currency value,the scientific and technological research anddevelopment, their overall diffusion andbeneficial use.To provide for the harmonious growth ofthe Nation and the settlement of its territory;to promote differential policies in order tobalance the relative unequal development ofprovinces and regions. These initiatives shalloriginate in the Senate.To enact laws referring to the organizationand basis of education consolidating nationalunity and respecting provincial and localcharacteristics; which ensure the stateresponsibility that cannot be delegated, familyand society participation, the fostering ofdemocratic values and equal opportunitiesand possibilities with no discriminationwhatsoever; and which guarantee theprinciples of free and equitable State publiceducation as well as the autonomy and autarkyof national universities.To enact laws protecting the cultural identityand plurality, the free creation and circulationof artistic works of authors, the artisticheritage and places devoted to cultural andaudiovisual activities.

20. To establish courts inferior to the SupremeCourt; to create and suppress employments,to fix the duties thereof, to grant pensions,

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to decree honors and to grant generalamnesties.

21. To accept or reject the reasons for theresignation of the President or Vice-Presidentof the Republic, and declare the need to calla new election when required.

22. To approve or reject treaties concluded withother nations and international organizations,and concordats with the Holy See. Treatiesand concordats have a higher hierarchy thanlaws.The American Declaration of the Rights andDuties of Man; the Universal Declarationof Human Rights; the American Conventionon Human Rights; the International Pact onEconomic, Social and Cultural Rights; theInternational Pact on Civil and PoliticalRights and its empowering Protocol; theConvention on the Prevention andPunishment of Genocide; the InternationalConvention on the Elimination of all Formsof Racial Discrimination; the Convention onthe Elimination of all Forms ofDiscrimination against Woman; theConvention against Torture and other Cruel,Inhuman or Degrading Treatments orPunishments; the Convention on the Rightsof the Child; in the full force of theirprovisions, they have constitutionalhierarchy, do no repeal any section of theFirst Part of this Constitution and are to beunderstood as complementing the rights andguarantees recognized herein. They shall onlybe denounced, in such event, by the NationalExecutive 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 humanrights shall require the vote of two-thirds ofall the members of each House, after theirapproval by Congress.

23. To legislate and promote positive measuresguaranteeing true equal opportunities andtreatment, the full benefit and exercise ofthe rights recognized by this Constitution andby the international treaties on human rightsin force, particularly referring to children,women, the aged, and disabled persons.To issue a special and integral social securitysystem to protect children from

abandonment, since pregnancy up to the endof elementary education, and to protect themother during pregnancy and the period oflactation.

24. To approve treaties of integration whichdelegate powers and jurisdiction tosupranational organizations under reciprocaland equal conditions, and which respect thedemocratic order and human rights. The rulesderived therefrom have a higher hierarchythan laws.The approval of these treaties with LatinAmerican States shall require the absolutemajority of all the members of each House.In the case of treaties with other States, theNational Congress, with the absolute majorityof the members present of each House, shalldeclare the advisability of the approval ofthe treaty which shall only be approved withthe vote of the absolute majority of all themembers of each House, one hundred andtwenty days after said declaration ofadvisability.The denouncement of the treaties referredto in this subsection shall require the priorapproval of the absolute majority of all themembers of each House.

25. To authorize the Executive Power to declarewar or make peace.

26. To empower the Executive Power to orderreprisals and to make rules concerning thebooty.

27. To establish the Armed Forces in times ofpeace and war; and to make rules for theirorganization and government.

28. To authorize the entry of foreign troops intothe territory of the Nation and to allownational troops to leave the country.

29. To declare in state of siege one or severalparts of the Nation in case of domesticcommotion, and to approve or suspend thestate of siege declared by the ExecutivePower during a recess of Congress.

30. To exercise exclusive legislation over theterritory of the Capital City of the Nationand to enact the legislation necessary for theachievement of the specific ends of premisesof national interest in the territory of theRepublic. Provincial and municipalauthorities shall hold power to levy taxes and

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power of police over these premises, insofaras they do not interfere with the achievementof those ends.

31. To order the federal intervention of aprovince or of the City of Buenos Aires.To approve or revoke the intervention decreedby the Executive Power during its recess.

32. To make all appropriate laws and rules to putinto effect the aforementioned powers, andall other powers granted by this Constitutionto the Government of the Argentine Nation.

Section 76(1) The legislative powers shall not be delegated

to the Executive Power save for issuesconcerning administration and publicemergency, with a specified term for theirexercise and according to the delegatingconditions established by Congress.

(2) The expiration of the term foreseen in theprevious paragraph shall not imply the revisionof the legal relationships emerging from therules issued as a result of the powers delegatedby Congress.

Chapter V Making and enactment of laws

Section 77(1) Laws shall originate in either House of

Congress, through bills introduced by theirmembers or by the Executive Power, savefor the exceptions established in thisConstitution.

(2) Bills modifying the electoral system and thatof political parties shall be approved by theabsolute majority of all the members of theHouses.

Section 78When a bill is passed by the House in which itoriginated, it is sent to the other House for itsdebate. Once approved by both, it is sent to theExecutive Power of the Nation for itsexamination; and if it is also approved, it shallbecome a law.

Section 79After the general approval of a bill, each House isempowered to delegate to its committees thedetailed approval of said bill with the vote of the

absolute majority of all its members. With equalnumber of votes, the House may revoke the powersdelegated and return to the ordinary procedure.The committee approval shall require the vote ofthe absolute majority of all its members. Once thebill is approved by the committee, the ordinaryprocedures shall be followed.

Section 80Any bill not returned within ten working days is tobe considered approved by the Executive Power.When a bill is partially rejected, the remaining partshall not be approved. However, non-vetoed partsmay only be promulgated if they have normativeautonomy and if their partial approval does notalter the spirit or the unity of the bill approved byCongress. In this case, the procedure foreseen fordecrees of necessity and urgency shall be applicable.

Section 81No bill wholly rejected by either House shall bereintroduced in the legislative session of the sameyear. No House shall totally reject a bill originatedin it and later added or amended by the revisingHouse. If the bill were subject to additions andamendments by the revising House, the result ofthe voting shall be made known in order to state ifsuch additions or amendments were made by theabsolute majority or by two-thirds of the memberspresent. With the absolute majority of its memberspresent, the originating House shall approve thebill with the additions or amendments made orinsist on the original text, unless the additions oramendments were made by the revising House withtwo-thirds of those members present. In such acase, the bill shall be sent to the Executive Powerwith the additions or amendments of the revisingHouse, unless the originating House were to insiston the original text with the vote of two-thirds ofthe members present. The originating House shallnot include new additions or amendments to thosealready made by the revising House.

Section 82The will of each House shall be expressly stated;the tacit or fictitious approval is excluded in allcases.

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Section 83If a bill is totally or partially rejected by theExecutive Power, it shall return with the objectionsto the originating House; the latter shall reconsiderit and if it is confirmed by a majority of two-thirds of the votes, it shall be sent again to therevisingHouse. If both Houses approve it by such majority,the bill becomes a law and is sent to the ExecutivePower for promulgation. In all such cases the votingin both Houses shall be by roll call, by yeas andnays; and both the names and grounds of the voters,as well as the objections of the Executive Powershall be immediately published by the press. If theHouses differ as to the objections, the bill cannotbe reintroduced in the legislative session of thatyear.

Section 84In the enactment of laws the following formulashall be used: The Senate and House of Deputiesof the Argentine Nation, in Congress assembled,decree or enact as law.Chapter VI General Auditing Office of the Nation

Section 85(1) The Legislative Power is exclusively

empowered to exercise the external controlof the national civil service as regards itsestates and its economic, financial andoperative aspects.

(2) The revision and opinion of the LegislativePower about the performance and the generalsituation of the national civil service are tobe based on the reports of the GeneralAuditing Office of the Nation.

(3) This technical advisory body of Congress withfunctional autonomy, shall be made up asestablished by the law regulating its creationand operation, which shall be approved bythe absolute majority of the members of eachHouse. The chairman of the body shall beappointed under the proposal of theOpposition with the largest number oflegislators in Congress.

(4) It shall be in charge of the control of thelegal aspects, management and auditing ofall the activities of the centralized anddecentralized civil service, whatever its formsof organization may be, as well as of other

powers granted by law. It must take part inthe approval or rejection of the revenue andinvestment accounts of public funds.

Chapter VII The OmbudsmanSection 86

(1) The Ombudsman is an independent bodycreated within the sphere of the NationalCongress operating with full autonomywithout receiving instructions from anyauthority. The mission of the Ombudsman isthe defense and protection of human rightsand other rights, guarantees and interestssheltered under this Constitution and thelaws, in the face of deeds, acts or omissionsof the Administration; as well as the controlof public administrative functions.

(2) The Ombudsman has capacity to be a partyin a lawsuit. He is appointed and removed byCongress with the vote of two-thirds of themembers present of each House. He has theimmunities and privileges of legislators. Heshall hold office for the term of five yearsand may only be re-appointed on oneoccasion.

(3) The organization and operation of this bodyshall be ruled by a special law.

[Subtitle II] Second Division: ExecutivePower

Chapter I Its nature and duration

Section 87The Executive Power of the Nation shall be vestedin a citizen with the title of “President of theArgentine Nation”.

Section 88In case of illness, absence from the Capital City,death, resignation, or removal of the President fromoffice, the Executive Power shall devolve uponthe Vice- President of the Nation. In case ofremoval, death, resignation, or inability of thePresident and the Vice- President of the Nation,Congress shall determine the public officer whoshall exercise the Presidency until the ceasing ofthe grounds of inability or the election of a newPresident.

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Section 89To be elected President or Vice-President of theNation it is necessary to have been born in theArgentine territory, or to be the son of a nativeborn citizen if born in a foreign country; and tohave the other qualifications required to be electedsenator.

Section 90The President and Vice-President shall hold theiroffices for the term of four years; and they may bere- elected or may succeed each other for only oneconsecutive term. If they have been re-elected orthey have succeeded each other, they cannot beelected for either of these two positions but withthe interval of one term.

Section 91The President of the Nation shall cease to exercisepower on the same day his four-years term expires;no event that may have interrupted it shallconstitute grounds for completing the term later.

Section 92The President and Vice-President receive aremuneration paid out of the Treasury of theNation, which shall not be altered during their termof office. During this same period they shall neitherhold any other office nor receive any otheremolument from the Nation or from any provincewhatsoever.

Section 93On assuming office, the President and Vice-President shall take oath before the President ofthe Senate and before Congress assembled,respecting their religious beliefs, to: “perform withloyalty and patriotism the office of President (orVice-President) of the Nation, and to faithfullyobserve the Constitution of the Argentine Nation,and to cause it to be observed.

Chapter II Procedure and time of theelection of President and Vice-President

of the Nation

Section 94The President and Vice-President of the Nationshall 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 95The election shall be held within the two monthsprevious to the expiration of the term of thePresident in office.

Section 96The second ballot, when appropriate, shall be heldbetween the two voting formulas of the mostvoted candidates, within thirty days of the previouselection.

Section 97If in the first ballot the most voted formula obtainsmore than forty-five per cent of the affirmativevotes validly cast, its members shall be proclaimedPresident and Vice-President of the Nation.

Section 98If in the first ballot the most voted formula obtainsat least forty per cent of the affirmative votesvalidly cast, and there is a difference of more thanten per cent regarding all the affirmative votesvalidly cast for the formula following in numberof votes, its members shall be proclaimed Presidentand Vice-President of the Nation.

Chapter III Powers of the ExecutiveBranch

Section 99The President of the Nation has the followingpowers:1. He is the supreme head of the Nation, head

of the government and he is politicallyresponsible for the general administration ofthe country.

2. He issues the instructions and rules necessaryfor the enforcement of the laws of thenation, without altering their spirit withregulatory exceptions.

3. He takes part in the making of laws accordingto the Constitution, promulgates them andhas them published.The Executive Power shall in no event issueprovisions of legislative nature, in which casethey shall be absolutely and irreparably nulland void.

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Only when due to exceptional circumstancesthe ordinary procedures foreseen by thisConstitution for the enactment of laws areimpossible to be followed, and when rulesare not referred to criminal issues, taxation,electoral matters, or the system of politicalparties, he shall issue decrees on grounds ofnecessity and urgency, which shall be decidedby a general agreement of ministers who shallcountersign them together with the Chief ofthe Ministerial Cabinet.Within the term of ten days, the Chief ofthe Ministerial Cabinet shall personallysubmit the decision to the consideration ofthe Joint Standing Committee of Congress,which shall be composed according to theproportion of the political representation ofthe parties in each House. Within the termof ten days, this committee shall submit itsreport to the plenary meeting of each Housefor its specific consideration and it shall beimmediately discussed by both Houses. Aspecial law enacted with the absolute majorityof all the members of each House shallregulate the procedure and scope of Congressparticipation.

4. He appoints the justices of the Supreme Courtwith the consent of the Senate by two-thirdsof its members present, in a public meetingconvoked to this effect.He appoints the other judges of the lowerfederal courts according to a binding proposalconsisting of a list of three candidatessubmitted by the Council of Magistracy, withthe consent of the Senate in a public meeting,in which the qualifications of the candidatesshall be taken into account.Once they have attained to the age of seventyfive years, a new appointment, with the sameconsent, shall be necessary so that they maycontinue in office. Judges of that age or overshall be appointed for five years, and may beindefinitely re- appointed by this sameprocedure.

5. He may grant pardons or commutepunishments for crimes subject to federaljurisdiction, after the report of thecorresponding court, except in cases ofimpeachment by the House of Deputies.

6. He may grant pensions, retirements, leavesof absence, and widowed pensions accordingto the laws of the Nation.

7. He appoints and removes ambassadors,ministers plenipotentiary and commercialattaches with the consent of the Senate; onhis own account, he appoints and removesthe Chief of the Ministerial Cabinet and theMinisters, the officers of his Secretariat,consular agents, and other employees whoseappointments are not otherwise regulated bythis Constitution.

8. He annually performs the opening of thelegislative session of Congress, both Housesbeing assembled for this purpose, reportingon this occasion on the state of the Nation,on amendments promised by theConstitution, and recommending forconsideration the measures he deemsnecessary and advisable.

9. He extends the ordinary legislative sessionof Congress, or convokes to an extraordinaryone when some serious order or progressinterest so requires it.

10. He oversees the performance of the dutiesof the Chief of the Ministerial Cabinet asregards the collection of the revenues of theNation, and their investment according tothe law or budget of national expenditures.

11. He concludes and signs treaties, concordatsand other agreements required for themaintenance of good relations withinternational organizations and foreignpowers, he receives their ministers and admitstheir consuls.

12. He is commander-in-chief of all the ArmedForces of the Nation.

13. He provides for the military posts of theNation: with the consent of the Senate, hegrants posts or ranks for the higher officersof 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 andis in charge of their organization anddistribution, according to the needs of theNation.

15. He declares war and orders reprisals with theconsent and approval of Congress. 16. In theevent of foreign attack, he declares, with theconsent of the Senate, one or more places of

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the Nation in state of siege for a limitedperiod. In the event of domestic disorder, heonly exerts this power when Congress is inrecess, since this is a power pertaining to thisbody. The President exercises it under thelimitations prescribed in Section 23. 17. Hemay request whatever information he mayconsider proper from the Chief of theMinisterial Cabinet and from the heads of allbranches and departments of theAdministration, and through them, fromother employees. They are compelled tosupply such information.

18. He may leave the territory of the Nationwith the consent of Congress. During therecess of the latter, he may only do so withoutpermission on justified grounds of publicinterest.

19. He is empowered to fill vacancies requiringthe consent of the Senate and occurringduring its recess, by means of appointmentson commission expiring at the end of thenext legislative session.

20. He decrees the federal intervention of aprovince or of the City of Buenos Aires inthe event of the recess of Congress, andsimultaneously he must convoke the latter toconsider such intervention.

Chapter IV The Chief of the MinisterialCabinet and other Ministers of the

Executive Power

Section 100(1) The Chief of the Ministerial Cabinet and the

other secretary ministers, whose number andpowers shall be determined by a special law,shall be in charge of the business of theNation and shall countersign and legalize theacts of the President with their signatures,which are essential to become effective.

(2) The Chief of the Ministerial Cabinet,politically liable before the NationalCongress, is empowered:1. To exercise the general administration of

the country.2. To perform the acts and issue the rules

necessary to exercise the powers grantedby this section as well as those delegatedby the President of the Nation, being

countersigned by the pertinent secretaryminister to which the act or rule refers.

3. To appoint the employees of theAdministration, except for thosepertaining to the President.

4. To exercise the functions and powersdelegated to him by the President of theNation and, in cabinet agreement, todecide about matters that the ExecutivePower may indicate to him or, on hisown account, about those he deems itnecessary due to their importance, withinthe scope of his jurisdiction.

5. To coordinate, prepare and convoke themeetings of the ministerial cabinet,presiding at them in the absence of thePresident.

6. To submit to Congress the bills onMinistries and National Budget, withtheir prior consideration in cabinetagreement and their approval by theExecutive Power.

7. To have the revenues of the Nationcollected and to enforce the NationalBudget Act.

8. To countersign regulatory decrees of thelaws, decrees to extend the ordinarylegislative session of Congress or toconvoke to an extraordinary one, and themessages of the President supportinglegislative initiatives.

9. To attend the meetings of Congress andtake part in its debates, but not to vote.

10. Once the ordinary legislative session ofCongress has begun, to submit togetherwith the other ministers a detailed reporton the state of the Nation regarding thebusiness of the respective departments.

11. To give such oral and written reports andexplanations that either of the Housesmay request from the Executive Power.

12. To countersign decrees about powersdelegated by Congress, which shall beunder the control of the Joint StandingCommittee.

13. To countersign, together with the otherministers, decrees of necessity andurgency and decrees on partialpromulgation of laws. Within ten daysof their approval, he shall personally

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submit these decrees to the considerationof the Joint Standing Committee.

(3) The Chief of the Ministerial Cabinet shallnot be simultaneously appointed to anotherministry.

Section 101The Chief of the Ministerial Cabinet shall attendCongress at least once a month, alternating betweeneach House, to report on the progress of thegovernment, notwithstanding the provisions ofSection 71. He may be interpellated for the purposeof considering a vote of censure, by the vote ofthe absolute majority of all the members of eitherHouse, and he may be removed by the vote of theabsolute majority of the members of each House.

Section 102Each minister shall be responsible for the acts helegalizes; and shall be jointly responsible for thosehe agrees on with his colleagues.

Section 103Ministers shall in no case adopt resolutions on theirown account, except in relation to mattersconcerning the economic and administrative affairsof their respective departments.

Section 104After the opening of the legislative session, theministers of the Cabinet shall submit to Congress adetailed report on the state of the Nation regardingthe business of their respective departments.

Section 105The ministers shall be neither senators nor deputieswithout resigning their offices as ministers.

Section 106Ministers may attend the meetings of Congress andtake part in its debates, but shall not vote.

Section 107They shall receive for their services a remunerationestablished by law, which shall neither be increasednor diminished in favor or to the detriment of theincumbents.

[Subtitle III] Third Division: The JudicialPower

Chapter I Its nature and duration

Section 108The Judicial Power of the Nation shall be vestedin a Supreme Court and in such lower courts asCongress may constitute in the territory of theNation.

Section 109In no case the President of the Nation shall exercisejudicial functions, assume jurisdiction over pendingcases, or reopen those already adjudged.

Section 110The Justices of the Supreme Court and the judgesof the lower courts of the Nation shall hold theiroffices during good behavior, and shall receive fortheir services a remuneration to be ascertained bylaw and which shall not be diminished in any waywhile holding office.

Section 111To be a member of the Supreme Court it is necessaryto be a lawyer of the Nation, with eight years ofpractice, and with the same qualifications requiredto be a senator.

Section 112On occasion of the first installation of the SupremeCourt, the persons designated shall take an oathbefore the President of the Nation, to performtheir duties, to administer justice in a proper andfaithful manner, and in accordance with theprovisions of the Constitution. In the future, theyshall take the oath before the Chief Justice of theCourt.

Section 113The Supreme Court shall issue its own internalregulations, and appoint its subordinate employees.

Section 114(1) The Council of Magistracy, ruled by a special

law enacted by the absolute majority of allthe members of each House, shall be in chargeof the selection of the judges and of theadministration of the Judicial Power.

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(2) The Council shall be periodically constitutedso as to achieve the balance among therepresentation of the political bodies arisingfrom popular election, of the judges of allinstances, and of the lawyers with federalregistration. It shall likewise be composed ofsuch other scholars and scientists as indicatedby law in number and form.

(3) It is empowered:1. To select the candidates to the lower

courts by public competition.2. To issue proposals in binding lists of three

candidates for the appointment of thejudges of the lower courts.

3. To be in charge of the resources and toadminister the budget assigned by law tothe administration of justice.

4. To apply disciplinary measures to judges.5. To decide the opening of the proceedings

for the removal of judges, whenappropriate to order their suspension, andto make the pertinent accusation.

6. To issue the rules about the judicialorganization and all those necessary toensure the independence of judges andthe efficient administration of justice.

Section 115(1) The judges of the lower courts of the Nation

shall be removed on the grounds stated inSection 53, by a special jury composed oflegislators, judges, and lawyers with federalregistration.

(2) The decision, which cannot be appealed, shallhave no other effect than the removal of theaccused. But the condemned party shallnevertheless be subject to accusation, trial,and punishment according to law before theordinary courts.

(3) If no decision was taken after the term ofone hundred and eighty days since the openingof the proceedings for removal, saidproceedings are to be filed and, in that event,the suspended judge shall be reinstated.

(4) The composition and procedure of this juryshall be stated in the special law mentionedin Section 114.

Chapter II Powers of the Judiciary

Section 116The Supreme Court and the lower courts of theNation are empowered to hear and decide all casesarising under the Constitution and the laws of theNation, with the exception made in Section 75,subsection 12, and under the treaties made withforeign nations; all cases concerning ambassadors,public ministers and foreign consuls; cases relatedto admiralty and maritime jurisdiction; matters inwhich the Nation shall be a party; actions arisingbetween two or more provinces, between oneprovince and the inhabitants of another province,between the inhabitants of different provinces,and between one province or the inhabitantsthereof against a foreign state or citizen.

Section 117In the aforementioned cases the Supreme Courtshall have appellate jurisdiction, with suchregulations and exceptions as Congress mayprescribe; but in all matters concerning foreignambassadors, ministers and consuls, and in those inwhich a province shall be a party, the Court shallhave original and exclusive jurisdiction.

Section 118The trial of all ordinary criminal cases not arisingfrom the right to impeach granted to the House ofDeputies, shall be decided by jury once thisinstitution is established in the Nation. The trialshall be held in the province where the crime hasbeen committed; but when committed outside theterritory of the Nation against public internationallaw, the trial shall be held at such place as Congressmay determine by a special law.

Section 119Treason against the Nation shall only consist inrising in arms against it, or in joining its enemies,supplying them with aid and assistance. Congressshall by a special law determine the punishmentfor this crime; but the penalty shall not extendbeyond the person of the convicted, nor shall thisdishonor be transmitted to relatives of any degree.

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[Subtitle IV] Fourth Division: The PublicMinistry

Section 120(1) The Public Ministry is an independent body

with functional autonomy and financialautarky, with the function of promoting theparticipation of justice for the defense ofthe legal character of the general interests ofsociety, in coordination with the otherauthorities of the Republic.

(2) It is composed of an Attorney General ofthe Nation and a General Defender of theNation, and such other members as the lawmay establish.

(3) Its members enjoy functional immunities andintangibility of remunerations.

Title II Provincial Governments

Section 121The provinces reserve to themselves all the powersnot delegated to the Federal Government by thisConstitution, as well as those powers expresslyreserved to themselves by special pacts at the timeof their incorporation.

Section 122They determine their own local institutions andare governed by them. They elect their governors,legislators, and other provincial officers, withoutintervention of the federal government.

Section 123Each province enacts its own Constitution as statedin Section 5, ensuring municipal autonomy andruling its scope and content regarding theinstitutional, political, administrative, economicand financial aspects.

Section 124(1) The provinces are empowered to set up regions

for the economic and social development andto establish entities for the fulfillment of theirpurposes, and they are also empowered, withthe knowledge of Congress, to enter intointernational agreements provided they areconsistent with the national foreign policyand do not affect the powers delegated tothe Federal Government or the public credit

of the Nation. The City of Buenos Aires shallhave the regime which is to be established tothat effect.

(2) The provinces have the original dominionover the natural resources existing in theirterritory.

Section 125(1) The provinces may enter into partial treaties

for purposes of the administration of justice,of economic interests, and works of commonbenefit, with the knowledge of the FederalCongress; and may promote their industry,immigration, the construction of railwaysand navigable canals, the colonization ofprovincial-owned lands; the introduction andestablishment of new industries, the importsof foreign capitals and the exploration oftheir rivers, by means of laws protecting theseends and with their own resources.

(2) The provinces and the City of Buenos Airesmay continue with their own social securityentities for civil servants and professionals;and may promote economic progress, humandevelopment, creation of jobs, education,science, knowledge and culture.

Section 126The provinces do not exercise the power delegatedto the Nation. Provinces shall in no case enter intoany partial treaty of political nature; enact lawsdealing with commerce, inland or foreignnavigation; establish provincial Customs; coinmoney; establish banks with power to issue moneywithout authorization from the Federal Congress;enact civil, commercial, criminal, or mining codesafter Congress had enacted them; enact special lawsregarding citizenship and naturalization,bankruptcy, counterfeiting of currency or Statedocuments; lay any duty on tonnage; supply shipsof war or raise armies, except in the event offoreign invasion or in such imminent danger thatshall not admit a delay, notifying immediately tothe Federal Government; appoint or receive foreignagents.

Section 127No province shall declare or make war againstanother province. Their claims must be submittedto the Supreme Court and settled by it. Their de

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facto hostilities are acts of civil war, considered assedition or mutiny, which the Federal Governmentmust suppress and punish in accordance with thelaw.

Section 128The governors of the provinces are the naturalagents of the Federal Government for theenforcement of the Constitution and the laws ofthe Nation.

Section 129(1) The City of Buenos Aires shall have an

autonomous system of government withpower of legislation and jurisdiction, and thehead of its government shall be directlyelected by the people of the City.

(2) While the City of Buenos Aires is the CapitalCity of the Nation, a law shall guarantee theinterests of the National State.

(3) According to the aforementioned provisionsof this section, the National Congress shallconvoke the inhabitants of the City ofBuenos Aires so that the representatives thatare to be elected for that purpose issue theOrganizing Statute of their institutions.

[Part III] Temporary Provisions

[Section 1] First(1) The Argentine Nation ratifies its legitimate

and non-prescribing sovereignty over theMalvinas, Georgias del Sur and Sandwich delSur Islands and over the correspondingmaritime and insular zones, as they are anintegral part of the National territory.

(2) The recovery of said territories and the fullexercise of sovereignty, respectful of the wayof life of their inhabitants and according tothe principles of international law, are apermanent and unrelinquished goal of theArgentine people.

[Section 2] Second Referring to Section 37Positive actions referred to in the last paragraphof Section 37 shall not comprise less guaranteesthan those in force at the time this Constitutionwas approved, and their duration shall bedetermined by law.

[Section 3] Third Referring to Section 39The law regulating the exercise of the popularinitiative shall be approved within eighteen monthsof this enactment.

[Section 4] Fourth Referring to Section 54(1) The present members of the Senate of the

Nation shall hold office until the expirationof their respective terms.

(2) At the time of the renewal of one third ofthe Senate in nineteen ninety-five, due to theexpiration of the terms of all the senatorselected in nineteen eighty-six, a third senatorshall be designated for the constituency ofeach Legislature. The group of senators foreach constituency shall be composed, as faras possible, in such a way that two seatsbelong to that political party or electoralalliance with the largest number of membersin the Legislature, and the third seat to thatpolitical party or electoral alliance followingin number of members. In case of equalityof votes, that political party or electoralalliance having obtained the largest numberof votes in the immediately previous electionof the provincial legislature shall prevail.

(3) The election of senators who replace thosewhose terms expire in nineteen ninety-eight,as well as the election of whoever replacesany one of the present senators in case ofapplication of Section 62, shall be carriedout by these same rules of election. However,the political party or electoral alliance havingthe largest number of members in theLegislature at the time of the election ofsenator shall have the right to have itscandidate elected, with the sole limitationthat the three senators do no belong to thesame political party or electoral alliance.

(4) These rules shall also be applicable to theelection of senators for the City of BuenosAires, in nineteen ninety-five by the electoralbody, and in nineteen ninety-eight by thelegislative organ of the City.

(5) The election of all the senators referred to inthis provision shall be carried out within aperiod neither shorter than sixty nor longerthan ninety days as from the date the senatormust take office.

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(6) In all cases, the candidates for senators shallbe proposed by the political parties orelectoral alliances. The fulfillment of thelegal and statutory requirements to bedeclared candidate shall be certified by theNational Electoral Court and reported to theLegislature.

(7) Whenever a national senator is elected adeputy senator shall be designated, who shalltake office in the cases foreseen in Section62.

(8) The senators elected due to the applicationof this temporary provision shall hold officeuntil December nine, two thousand and one.

[Section 5] Fifth Referring to Section 56All the members of the Senate shall be elected asindicated in Section 54 within the term of twomonths previous to December ten, two thousandand one, drawing lots, after they have all met, todecide who shall leave in the first and secondbiennium.

[Section 6] Sixth Referring to Section 75,Subsection 2

(1) A system of joint participation according toSection 75, Subsection 2, and the regulationsof the Federal Fiscal entity, shall be statedbefore the end of the year 1996; thedistribution of jurisdiction, services andfunctions in force at the time of theenactment of this amendment, shall not bemodified without the approval of theinterested province; nor shall the distributionof resources in force at the time of theenactment of this amendment be modifiedto the detriment of the provinces, and inboth cases until the aforementioned systemof joint participation is stated.

(2) This provision shall not affect pendingadministrative or judicial claims originatedin differences about the distribution ofjurisdiction, services, functions or resourcesbetween the Nation and the provinces.

[Section 7] Seventh Referring to Section 75,Subsection 30

Congress shall exercise in the City of Buenos Aires,insofar as it is the Capital of the Nation, the

legislative powers which it holds according toSection 129.

[Section 8] Eighth Referring to Section 76The preexisting delegated legislation with nospecified term for its application shall expire afterthis provision had been in force for five years,except for that legislation expressly ratified by theNational Congress through a new law.

[Section 9] Ninth Referring to Section 90The tenure of the president holding office at thetime of the enactment of this reform shall beconsidered the first term.

[Section 10] Tenth Referring to Section 90The tenure of office of the President of the Nationwho shall be inaugurated on July 8, 1995 shallexpire on December 10, 1999.

[Section 11] Eleventh Referring to Section99, Subsection 4

The expiration of the appointments and the limitedduration foreseen in Section 99, Subsection 4, shallbecome effective five years after the enactment ofthis constitutional reform.

[Section 12] Twelfth Referring to Section99, Subsection 7; 100 and 101

(1) The provisions established in Section 100 and101, Chapter IV, Second Division, SecondPart of this Constitution about the Chief ofthe Ministerial Cabinet shall becomeeffective on July 8, 1995.

(2) The Chief of the Ministerial Cabinet shall beappointed for the first time on July 8, 1995;until then his powers shall be exercised bythe President of the Republic.

[Section 13] Thirteenth Referring to Section114

Three hundred and sixty days after this reformbecomes effective the judges of the lower courtsshall only be appointed according to thisConstitution. Until then the previous system shallbe applied.

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[Section 14] Fourteenth Referring toSection 115

Causes pending before the House of Deputies atthe time of the creation of the Council ofMagistracy shall be referred to the latter for thepurposes of Section 114, Subsection 5. Thoseintroduced before the Senate shall continue thereinuntil their conclusion.

[Section 15] Fifteenth Referring to Section129

(1) Until the powers arising from the new regimeof autonomy of the City of Buenos Aires areto be established, Congress shall exerciseexclusive legislation over its territory, in thesame terms applied until the enactment ofthis Constitution.

(2) The head of the government shall be electedduring the year nineteen ninety-five.

(3) The law foreseen in Section 129, ParagraphsSecond and Third, shall be enacted withinthe term of two hundred and seventy days asfrom the approval of this Constitution.

(4) Until the issue of the Organizing Statute,the appointment and removal of the judgesof the City of Buenos Aires shall be ruledaccording to Sections 114 and 115 of thisConstitution.

[Section 16] Sixteenth(1) This reform shall become effective the day

after its publication. The members of theConstituent Assembly, the President of theArgentine Nation, the Presidents of theLegislative Houses, and the Chief Justice ofthe Supreme Court shall take oath in a singleact on August 24, 1994, at the Palacio SanJos’, Concepcion del Uruguay, province ofEntre Ríos.

(2) Each power of the State and of the provincialand municipal authorities shall provide thenecessary measures so that their members andofficers swear this Constitution.

[Section 17] Seventeenth(1) The final constitutional text, which has been

enacted by this Constituent Assembly, replacesthe text heretofore enforced.

(2) Approved in the Hall of Sessions of theNational Constituent Assembly, in the city

of Santa Fe, on the twenty-second day ofAugust of the year nineteen ninety-four.

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