Javier Milei's Dnu: Basis for the Reconstruction of the Argentine Economy

By Ley Fácil

In this book, you will find the complete text of the DNU (Decree of Necessity and Urgency) by Argentine President Javier Milei, known as "Foundations for the Reconstruction of the Argentine Economy" or "Milei's Omnibus Law."

The aim of this book is to provide an accessible and practical resource that facilitates the reading of Milei's famous and controversial decree.

A book to firsthand understand the changes proposed by Javier Milei for Argentina with his DNU.

The legislative strategies, changes, and norms proposed by the world's first liberal president to try to avoid hyperinflation and economically, morally, and socially recover Argentina.

What does this book contain?

In the first part of the book, you will find a guide with an explanation of what a DNU is, its characteristics, application, use, forms, and historical background to understand the law itself.

In the second part, you will find the complete text of President Javier Milei's DNU, and finally, an annex is included with additional material and a glossary.

We hope this digital format allows you to easily navigate through the different articles and provisions that make up the law, enabling faster and more direct access and understanding.

This work is not intended to be an elaborate commentary but a reference and consultation material that facilitates access to the law. We wish for this book to become an invaluable tool to expedite the consultation and reading of the DNU text.

THE HISTORICAL IMPORTANCE OF JAVIER MILEI'S DNU

The most ambitious bill in history.

The Decree of Necessity and Urgency (DNU) issued by President Javier Milei, titled "Foundations for the Reconstruction of the Argentine Economy," is one of the largest deregulations and modifications in Argentine history and represents an extremely significant measure in the economic and social context of Argentina.

The DNU covers a vast spectrum of regulations and reforms, focusing on key aspects, mainly on labor reforms, economic regulations, and energy policy, in the face of an extremely critical economic situation characterized by the risk of hyperinflation and a context of prolonged economic stagnation.

Milei's government argues that the policies of previous governments have led the country to a state of emergency, with potentially catastrophic inflation and an extremely high level of poverty making this law necessary.

In conclusion, the importance of Milei's DNU lies both in the country's crisis situation and in the number of laws it covers, in the deregulations it seeks to carry out, and the structural, political, and social changes it proposes.

We hope this book will be an excellent tool to facilitate the reading and understanding of the changes proposed by Milei, whether you are in favor or against.

• Language: English
• Publisher: leyfacil.com.ar
• Release date: Jan 26, 2024

Book preview

ABOUT THIS EDITION

This edition is designed so that you can read it comfortably on any device, whether on your phone, a tablet, or a computer.

You can read this book in 2 ways:

Reflowable text: Adjusts the text to fit your device's screen size. Ideal for very comfortable reading.

Original pages: Displays the pages in their original form, respecting the layout.

And you can also print this book for personal use. These options may or may not be available, depending on your device.

WHAT WILL YOU FIND IN THIS BOOK?

In this book, you will find the complete text of President Javier Milei's DNU, known as Basis for the Reconstruction of the Argentine Economy.

The purpose of this book is to provide an accessible and practical resource, easy to read.

We hope that this digital format allows you to easily navigate through the different articles and provisions that make up the law, enabling faster and more direct access and understanding. This work is not intended to be a study guide or an elaborate commentary but rather a reference material that facilitates access to the law and has been reproduced from the site boletinoficial.gob.ar, without modifications, alterations, or additions.

We wish for this book to become an invaluable tool to expedite the consultation and reading of the DNU's text. In the first part of the book, you will find an explanation of what a DNU is, its application, use, forms, and historical background. Then, you will find the complete text of President Javier Milei's DNU, and finally, an annex is included with additional material and a glossary.

We hope that this book will be an excellent tool to facilitate the reading and understanding of the same.

ABOUT THE TEXT

The content of the DNU Basis Law text has been faithfully reproduced, according to its publication in the official bulletin, without introducing changes or modifications to its substantive content.

It is worth noting that the only alterations made are confined to the realm of visual editing.

These modifications, such as the use of bold text, titles, and other typographic resources, are solely intended to improve the document's readability and ease of consultation, aligning with the presentation standards of a formal and academic publication.

Likewise, additional texts and materials have been included to achieve a better understanding.

SOURCE

https://www.boletinoficial.gob.ar/detalleAviso/primera/301122/20231221

INTRODUCTION

WHAT IS A DNU?

A DNU is the abbreviation for Decreto de Necesidad y Urgencia (Decree of Necessity and Urgency), a legal tool used in Argentina that allows the President of the country to make quick decisions in exceptional situations, without the need to go through the normal process of law approval through Congress.

In other words, it is a direct legal order from the president, in the face of urgency, where delay could have negative consequences for the country.

A DNU is a legislative tool, established in Article 99, subsection 3 of the National Constitution after the 1994 reform.

It is worth noting that the President is the only person, official, or power that can issue a DNU, and it allows him to legislate in exceptional situations, but this can be on any subject.

Remember, according to Article 99 of the Argentine National Constitution:

The president, that is, The Executive Power may not, under any circumstances and under penalty of absolute and irreparable nullity, issue legislative provisions.

However, the exception is detailed in point 3:

Only when exceptional circumstances make it impossible to follow the ordinary procedures provided by this Constitution for the enactment of laws, and it is not a matter of norms that regulate criminal, tax, electoral matters, or the regime of political parties, may decrees be issued for reasons of necessity and urgency, which will be decided in a general agreement of ministers who must endorse them, together with the chief of the cabinet of ministers.

In conclusion, according to the Argentine Constitution, the president cannot legislate, that is, create laws, however, the DNU gives him that power exceptionally in an exceptional situation.

CHARACTERISTICS OF THE DNU:

To be considered a DNU, it must meet certain characteristics.

EXCEPTIONAL CIRCUMSTANCES:

A DNU can only be issued in emergency or extreme urgency situations, where waiting for the normal legislative process could have negative consequences for the country.

THEMATIC LIMITATIONS:

There are restrictions on the topics that a DNU can address. However, they cannot legislate on criminal, tax, electoral matters, or those affecting the regime of political parties.

ISSUANCE PROCEDURE:

The President, with the agreement of their ministers, issues the DNU. It is mandatory for the decree to be signed by the President, the Chief of Staff, and all the ministers.

CONGRESSIONAL OVERSIGHT:

After its issuance, the DNU must be sent to Congress for review. There is a special commission that analyzes whether the decree meets the constitutional requirements. Congress has the authority to reject or ratify the DNU, however, it does not have the power to modify it.

TEMPORARY VALIDITY:

DNUs have a limited duration. If Congress does not approve them within a certain period, they lose their validity.

JUDICIAL CONTROL:

DNUs can also be reviewed by the judiciary to ensure they are constitutional, that is, they respect the laws and norms of the country.

IMPORTANCE OF THE DNU:

The DNU is a crucial tool in situations where speed is essential to respond to crises or emergencies that require immediate action. It allows the President to act quickly, but with the safeguard that both Congress and the judiciary can review these decisions to protect the balance and respect for the law.

EXTRAORDINARY POWERS:

The DNU allows the president (executive power) to intervene in the legislative power in emergency cases, a competence exclusive to Congress (the legislative power).

In summary, the DNU is a mechanism that seeks to combine the need for quick responses in critical situations with a system of controls to ensure that these responses are appropriate and respect the legal and democratic framework of the country.

HOW ARE THE STEPS TO ISSUE A DNU?

The issuance of a Decree of Necessity and Urgency (DNU) in Argentina involves several key steps to ensure that the process is quick but also in accordance with constitutional legality. These steps are detailed below:

1. IDENTIFICATION OF THE EMERGENCY SITUATION:

The first step is for the President and their cabinet to identify an emergency or urgency situation that justifies the use of a DNU. These circumstances must be exceptional and such that they do not allow following the ordinary procedure for the enactment of laws through Congress.

2. PREPARATION OF THE DECREE:

The President, with the assistance of their advisors and ministers, prepares the text of the decree. This document must clearly specify the reasons for the necessity and urgency, as well as the details of the proposed measures.

3. CABINET APPROVAL:

The DNU requires the agreement of the cabinet of ministers. This means that all ministers must give their consent and sign the decree along with the President. This stage ensures a level of review and consensus within the executive power.

4. SIGNATURE OF THE PRESIDENT AND CHIEF OF STAFF:

Once the decree has been approved by the cabinet, it must be signed by the President and the Chief of Staff.

The President's signature is essential to validate the decree.

5. PUBLICATION IN THE OFFICIAL BULLETIN:

After signing, the DNU must be published in the Official Bulletin of the Argentine Republic. This publication is crucial to inform the public and all interested parties about the new regulations and for the decree to take effect.

6. SENDING TO CONGRESS FOR REVIEW:

Immediately after its issuance, the DNU must be sent to the National Congress by the Chief of Staff, within 10 days to the Permanent Bicameral Commission.

Here, the Permanent Bicameral Commission is responsible for analyzing the decree and determining if it meets the constitutional requirements.

The DNU can be rejected by Congress through a majority vote in both chambers. However, if only one of the two chambers approves it, the DNU is valid.

7. REVIEW AND RATIFICATION BY CONGRESS:

Congress has the power to review the DNU and must do so within a set period of 10 days. It can ratify it, modifying it to turn it into law, or reject it, which implies the loss of validity of the decree.

These decrees have temporary validity and must be ratified by Congress to become permanent law. If they are not ratified by Congress, they lose their validity after a certain time.

It is worth noting that Congress does not have the power to make modifications to a DNU, and the only intervention they have is to accept or reject it as established by Law 26.122.

8. ENTRY INTO FORCE:

Unless otherwise established, the DNU takes effect at the moment of issuance and lasts until it is not rejected by any of the chambers.

It is necessary to wait eight consecutive days for its application.

9. JUDICIAL CONTROL:

Additionally, DNUs are subject to judicial review. This means that the judiciary can be called upon to determine if the decree respects the Constitution and the laws of the country.

Citizens, institutions, and organizations can make judicial presentations seeking to place a precautionary measure on the DNU or certain aspects of it if they have arguments to declare its unconstitutionality.

In conclusion, this process shows a balance between the need to act quickly in critical situations and the preservation of legal and democratic order, ensuring that the extraordinary measures taken by the executive are reviewed and controlled by other branches of the State.

WHAT IS AN OMNIBUS LAW?

The term "omnibus law" is used to describe legislative projects that contain many and varied legislative reforms, but which are treated and voted on at the same time.

In other words, it's a package of laws that are dealt with and voted on all together.

Since Congress cannot make modifications to a DNU (Decree of Necessity and Urgency) and the only action they can take is to accept or reject it, omnibus laws are often used strategically to advance a broad legislative agenda.

This way, it forces legislators to vote for a complete package of measures, which reduces the possibility that certain reforms or laws are excluded or rejected if they were presented individually.

One of the most common criticisms is that by including a wide variety of topics in a single law, it makes the detailed analysis and discussion of each measure individually difficult.

Moreover, it is often used to include unpopular or controversial measures alongside more popularly acceptable ones, making it difficult to oppose specific parts of the text.

IS A DNU AN OMNIBUS LAW?

While Milei's DNU could be considered an omnibus law since it brings together many laws and measures, officially it cannot be considered a law, but rather a decree or DNU.

On the other hand, an Omnibus Law is a package of laws that go to Congress to follow the ordinary legislative process.

WHAT IS THE DIFFERENCE BETWEEN A DNU AND AN OMNIBUS LAW?

The difference with the DNU is that these laws, by following the ordinary process, can be modified, debated, rejected, or accepted individually. As political analyst Eduardo Reina explains, in the Omnibus Law: everything that didn't fit in the DNU goes, such as fiscal reforms.

The difference is that the DNU has more chances of being passed, because it does not need much support, if none of the Chambers addresses it or if only one of the chambers accepts it and the other rejects it, it remains in force. It can only be rejected if it is rejected by both chambers. In contrast, the Omnibus Law can be vetoed by more than one legislator and needs to follow the entire legislative process to be considered a law and can become law with many changes.

HISTORICAL BACKGROUND

The use of the omnibus law is not exclusive to Milei; let's look at the historical background of the last presidents:

ALBERTO FERNÁNDEZ (FRENTE DE TODOS):

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