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Milei's DNU will be debated this Thursday in the Senate: what does it need to be rejected - Infobae
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El DNU de Milei se debatirá este jueves en el Senado: qué necesita para ser rechazado
El decreto, que se encuentra vigente desde fines de diciembre, solo puede caerse si los legisladores del Congreso deciden avanzar en su derogación. En qué condiciones esta situación podría ocurrir
www.infobae.com
March 14, 2024
The decree, which has been in force since the end of December, can only be dropped if Congressional legislators decide to move forward with its repeal. Under what conditions this situation could occur
The head of the Senate, Victoria Villarruel, called a special session today to discuss the DNU
The Decree of Necessity and Urgency (DNU) 70/2023 will arrive this morning at the Senate of the Nation, after the vice president and head of the Upper House, Victoria Villarruel , included it in the special session called for this Thursday .
When did Milei's DNU come into force?
The rule came into effect on Friday, December 29. DNU 70/2023 establishes a broad deregulation of the economy based on the modification and repeal of hundreds of laws. Titled “Bases for the reconstruction of the Argentine Economy” , it was the president's first far-reaching political decision, and was presented on national television on December 20.In the early hours of Thursday the 21st it was published in the Official Gazette , but if no specific clarification is established, a period of eight days is required for it to be fully implemented.
What has to happen for Milei's DNU to be rejected?
The DNU have the force of law by order of the President. Therefore, the only way for them to be rejected is through Congress, which must obtain the majority necessary to repeal the measure in its two chambers. If the opposition obtains the votes to impose its position in the Senate, the decree will remain in force until its rejection is also voted in the Deputies.This Thursday, after several requests from opposition blocs, Vice President Victoria Villarruel called a special session in her role as head of the Senate to discuss the controversial decree. The discussion that will probably arise in the chamber is under what conditions the DNU can be brought down and what majority of legislators are needed .
“There are two positions, one is the one established by Law 26,122, which regulates the procedure and scope of Congress' intervention regarding decrees issued by the Executive Branch. In its articles 20 and 21, the law states that when there is no bicameral commission that has ruled on the DNU, the chambers can process the decree ex officio . This is in accordance with the National Constitution, Congress is obliged to accept or reject the decree in totum,” constitutional law lawyer Diego Armesto told Infobae .
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“The other position that the ruling party will surely force is that, since it does not have an opinion from a commission, by article 147 of the Senate, two-thirds of the votes cast are needed to carry out a vote. This applies to any project without a commission opinion,” added the lawyer.
In the first case, the rejection of the DNU would only require a simple majority of 37 senators , while in the second situation it would require an aggravated majority of 48 legislators.
According to Armesto, the correct interpretation for this case would be the necessary floor of a simple majority. “As 26,122 is a special law that regulates the DNU, the laws have supremacy over the regulations in our system. And that law says nothing about the aggravated majority if there is no ruling,” he considered.
What are the main current points of Milei's DNU?
Since the DNU came into force, the Government was able to advance in the implementation of most of its points and articles, among them, those that contemplate the end of the Rental, Land and Supply laws, the deregulation of prepaid and conditions for the closure or privatization of public companies, among several reforms that were made explicit in the 366 articles of the 83-page document.The only firm ruling against the DNU is the one achieved by the General Confederation of Labor (CGT), which managed to invalidate in court the entire labor reform that the norm established.
After several marches and judicial actions, the CGT managed to disqualify the DNU through judicial means.
When would Milei's DNU be discussed in the Chamber of Deputies?
If the DNU is approved, its treatment in the other legislative body would no longer be required. Both the Senate and Deputies have to reject it by a majority for one of these decrees to fall. Now, if the Upper House decides to move forward with repealing the norm, the Chamber of Deputies would be in a position to discuss it “in any session.” “ If the numbers work for you and you are encouraged ,” Armesto summarized.“The work plan is defined by the parliamentary Labor commission , where the presidents of the chambers and blocks define it,” Armesto pointed out.
“In the Deputies the same thing could happen as in the Senate, that in some session the treatment of the DNU on tables is incorporated and there they will need the little trick of the two-thirds. But if you define Parliamentary Work, no one can refuse to deal with it. This is the case now in the Senate, where there were four requests for a special session, and a special session is not a table discussion; Articles 19 and 20 apply there and those who set the agenda are the senators,” the lawyer concluded.
