The president of Argentina, Javier Mileiseeks to obtain broad powers to govern through a bill submitted to Parliament this Wednesday and which, if approved, will allow it to make decisions without the need for legislative endorsement under the umbrella of a declaration of “public emergency” that could extend until the end of his mandate.
The so-called project law of “bases and starting points for the freedom of Argentines” declares the public emergency until December 31, 2025, a period that may be extended by the Executive for another two years, that is, until the end of the mandate of Mileiwho assumed the Presidency on December 10.
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The initiative implies the delegation of legislative functions to the Executive pursuant to the declaration of “emergency public in economic, financial, fiscal, pension, security, defense, tariff, energy, health, administrative and social matters.
The National Constitution of Argentinalast reformed in 1994, prohibits in its article 76 the legislative delegation in the Executive Branch, “except in specific matters of administration or public emergency, with a deadline set for its exercise and within the bases of the delegation that Congress establish.”
The course of this bill in Parliament is uncertain: Milei’s far-right party, La Libertad Avanza, has minimal legislative representation, but it has as an ally a good part of the center-right front Together for Changewith strong weight in both chambers of Congress.
The Executive alleges that it promotes this law “with the spirit of restoring the economic and social order based on the liberal doctrine embodied in the National Constitution of 1853,” “in the name of the May Revolution of 1810 and in defense of life, freedom and property of Argentines.”
The “principles and purposes” of the law include “the promotion of the fundamental right to individual freedom” without “undue interference” by the State.the “protection of inhabitants and their private property” and the “deepening of market freedom.”
In the message sending the initiative to Parliament, signed by Milei and its Cabinet of Ministers, the Government affirms that its objective is to “undertake, immediately and with suitable instruments, the fight against the adverse factors that threaten the freedom of Argentines; “that prevent the proper functioning of the market economy and are the cause of the impoverishment of the nation.”
The bill includes, among other points, a reform of electoral regulations to eliminate primaries, changes in the Penal Code for control street protests and powers to the Executive to privatize 41 public companies – among them, Aerolíneas Argentina, Banco Nación and the oil company YPF -, restructure the public debt or authorize military exercises by foreign forces in Argentine territory.
Also within the framework of the “emergency”, the project guarantees legitimate defense to victims of a crime and the freedom to resell tickets to sporting events without limitsallows the circulation of self-driving vehicles (without human intervention) and for a traveler to bring a product into the country without declaring it at customs.
The initiative also incorporates an article that ratifies the decree of necessity and urgency (DNU) signed last week by Milei to deregulate the economy, including the repeal of several laws, a measure that has sparked protests and is the subject of presentations before Justice.
Milei, a libertarian economist who has defined himself as an “anarcho-capitalist,” has already launched a “shock” plan of harsh fiscal adjustment, which include a drastic cut in spending and increased taxes, in a context of stagnant economic activity, rapidly accelerating inflation and a poverty rate close to 45% of the population.
