Amendments to the Law of Ministries No. 22,520 and Decree No. 93/2018.
Public Law Department Report | Amendments to the Law of Ministries No. 22,520 and Decree No. 93/2018.
Dear Sir or Madam,
The Federal Decree of Necessity and Urgency No. 8/2023, published in the Official Gazette on December 11th, 2023, amends the Law of Ministries No. 22,520 (text ordered by Decree No. 438/92). In addition, the Decree of Necessity and Urgency No. 12/2023, published in the Official Gazette on the same date, amends Decree No. 93/2018.
The main amendments introduced are as follows:
a. Nine (9) Ministries shall be in charge of the affairs of the Nation: Ministry of Interior; of Foreign Affairs, International Trade and Worship; of Defense; of Economy; of Infrastructure; of Justice; of Security; of Health and Human Capital.
b. The commitments and obligations assumed by the former Ministry of Science, Technology and Innovation will be under the responsibility of the Chief Cabinet Minister; those assumed by the Ministries of Environment and Sustainable Development and of Tourism and Sports will be under the responsibility of the Ministry of the Interior of the Nation; those assumed by the Ministries of Transportation, Public Works and Territorial Development and Habitat will be under the responsibility of the Ministry of Infrastructure of the Nation; and those assumed by the Ministries of Education, Culture, Labor, Employment and Social Security, Social Development and Women, Gender and Diversity will be under the responsibility of the National Ministry of Human Capital.
c. The tasks necessary to enable the activity of the President of the Nation shall be performed by the following Presidential Secretariats: General; Legal and Technical; and Communication and Press, all of them with the rank and hierarchy of ministries. The Secretariat of Strategic Affairs, on the other hand, was absorbed by the Chief Cabinet Minister.
d. The powers of the Chief of Cabinet of Ministers of the Nation include, among other powers, the power to intervene prior to the appointment of directors who will act on behalf of the National State in the companies and corporations of the State operating within the scope of the Ministries and Secretariats that form the National Public Administration, as well as to understand an information system that allows the monitoring of the performance of the companies and corporations operating within the scope of the Ministries and Secretariats that make up the National Public Administration and, likewise, to establish the guidelines and issue the directives and recommendations to be followed by the heads of the National Government agencies that have under their scope the ownership of the exercise of corporate rights in the companies and corporations of the State, whatever their denomination or legal nature, to safeguard the general public interest. In addition, within the competencies of the Chief of Cabinet of Ministers, the Decree included the power to understand the preparation, registration, monitoring, evaluation, and planning of public investment projects and the control of the formulation, registration, monitoring, and evaluation of such projects when they are executed through public-private participation contracts under the terms of Law No. 27,328.
e. On the other hand, through the amendment of Article 20, it was provided that the Ministry of Economy of the Nation, is responsible for intervening in the development of State enterprises and corporations, self-governing entities, decentralized or deconcentrated agencies, and special accounts and funds, whatever their denomination or legal nature, acting under its orbit both as regards action plans and budgets and as regards their intervention, closing, liquidation, privatization, merger, dissolution or centralization, and in those that do not belong to its jurisdiction, following the guidelines decided by the Chief of Cabinet of Ministers.
f. On the other hand, through Decree 12/2023 the President of the Nation amended Decree 93/2018, eliminating, respect to those appointments or hires made within the framework of Laws Nos. 20,744 and 25. 164 and Decree No. 1109/17 the prohibition of the appointment in the National Public Sector of persons who are related to the President of the Nation, Vice President of the Nation, Chief of Cabinet of Ministers of the Nation, Ministers, and other officials with the rank and hierarchy of Ministers, both in the straight line and in the collateral line up to the second degree. Thus, the appointments made by the President under the powers conferred upon him are exempted from such prohibition.
Do not hesitate to contact us if you require any further information on this matter.
Sincerely,
Oscar Aguilar Valdez
Juan A. Stupenengo