The 9th International Anti-Corruption Conference
The Papers
ARGENTINA LEGISLATION RELATED TO ETHICS AND CONTROL
Presidencia de la Nacion
Republica Argentina
The Argentine government along the last 10 years in Office, added to
the already existing legislation, regulations related to the control
of the public officials activities and its ethical conduct. The new
institutions in charge of control complete the needed structure to
face the fight against corruption organised by the Inter-American
Convention against Corruption and the commitments with international
organisations and countries that head to the same objective.
CONSTITUTIONAL AMENDMENT - 1994
- The legislative enactment of the illicit enrichment was included in
our Penal Code gaining constitutional rank - Art. 36 of the National
Constitution (CN)
- Strengthening of control bodies and mechanisms -
Arts. 85 (National Auditing Office), 86 (Ombudsman), 114 (Judiciary
Council), 115 (Trial Court of Judges) and 120 (Office of the Attorney
General) of the CN.
- Enactment of a Public Ethics law of for the
public function- Art. 36 CN.
NATIONAL AGENCY OF INTERNAL CONTROL AND NATIONAL AUDITING OFFICE
Law 24156 - Administration of Financial Affairs of Controlling Systems
for the National Public Sector, which establishes functions of
internal control agencies and entities as regards its proprietary,
economic, financial and operative aspects. in charge of the
lawfulness, management and audit of the overall activities of the
centralised and decentralised public administration.
OFFICE OF THE ATTORNEY GENERAL
Pursuant to Art. 120 of the National Constitution, the National Office
of the Attorney General is an independent body with autonomous
functions and economic self-sufficiency aimed at fostering the actions
of justice in the defence of the lawfulness of the general interests
of society, and works with the remaining authorities of the Republic.
It is formed by the National Attorney General and the National
Defender General.
Organic Law of the National Office of the Attorney General - Law 24946
stipulates its independence and serves the lawfulness defence of the
general interests of society. To this aim, this body shall work with
other authorities of the Republic, provided that it will only be
subject to the instructions or directives issued by any body within
the purview of its structure.
As of the enactment of Law 24846 - Organic Law of the National Office
of the Attorney General, the National Prosecutor's Office of
Administrative Investigations has become part of the same body
reporting to the Attorney General
NATIONAL OFFICE OF THE OMBUDSMAN
Governed by Law 24284. Its mission is the defence and protection of
human and any other right, guaranty or interest protected by the
National Constitution and its laws, in case of the performance or non-
performance of acts or actions by the Public Administration and also
monitors the exercise of the Public Administration functions.
Pursuant to the provisions under section 114 of the National
Constitution, the Judiciary Council shall be in charge of selecting
judges managing the Judiciary Power and shall be, from time to time,
formed in such a way as to ensure the balance between the
representation of the political bodies which result from popular
election, the judges of all instances, and the registered lawyers and,
any other person from the academic milieu, in the number and way
provided by law.
Consequently, as of the enactment of the Constitutional amendment, the
President of the Nation appoints the members of the National Supreme
Court of Justice with approval by the Senate, granted by two thirds of
the attending members, in a public session called for that purpose.
The rest of the judges shall be appointed by the President of the
Nation based on a binding proposal submitted by the Judiciary Council,
and must be also approved by the Senate, in a public session. (art.
99, par. 4, CN)
TRIAL COURT FOR JUDGES
The incorporation of a Trial Court for Judges, formed by legislators,
judges and registered lawyers. is another issue introduced by the 1994
constitutional amendment, related to the Judiciary Power. This court
shall be entrusted with the removal of judges of the national lower
courts - Art. 115 C.N. As of the amendment, the members of the
National Supreme Courts are the only members of the National Judiciary
removed by the Impeachment Proceeding.
Law 24937, amended by Law 24.939, has provided for the integration,
competencies and performance of the Judiciary Council, which is a
permanent body of the Judiciary Branch, and of the Trial Court for
Judges.
ATTORNEY'S OFFICE OF THE NATIONAL TREASURY
Its organisation and functions are governed by the provisions of Laws.
12954, 18777 and 24667, and the Executive Orders. 34952/47 and
1590/67.
As provided by Law 24667, the Attorney of the National Treasury
reports to the President of the Nation with a rank equivalent to
Minister and besides it is technically independent to use its powers.
Deputy Attorneys hold a rank equivalent to Secretaries to the
Executive Branch.
RULES FOR INVESTIGATION PROCEEDINGS
Executive Order 1798/80 approves the Rules for Investigation
Proceedings, that shall apply to the personnel subject to the Basic
Legal System of the Public Function
BASIC LEGAL SYSTEM FOR PUBLIC FUNCTION
As regards the personnel of the Public Administration, the provisions
of the Basic legal System for Public Function -Law 22140- and the
Regulatory Order 1797/80, include regulations and rules about the
public official's entrance to the public service, rights, obligations
and prohibitions.
NATIONAL SYSTEM FOR THE ADMINISTRATIVE PROFESSION
All the information regarding the agent's career in the National
Public Administration, is provided under the Executive Order 993/91
and the subsequent amendments.
PENAL CODE
As regards the penal law, our Code under the Title XI, of the Second
Volume, provides for the classification of the different types of
conducts that may be considered a crime against the Public
Administration and include: active and passive bribery, gifts to
public officials embezzlement of public monies, transactions
incompatible with the Public Function. As regards trans-national
bribery the law of Public Ethics has included amendments to the Penal
Code, punishing the offering or granting, directly or indirectly, of
any monetary value or other benefit in exchange for any act or
omission in the performance of that official's public functions.
CODE OF ETHICS FOR THE PUBLIC FUNCTION
As of the current year, the Argentine Republic has a Code of Ethics
for the Public Function - Executive Order 41/99, which is binding on
all the Public Officials of the National Public Administration.
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