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The 40 axes of the megabill that aims at a delegation of powers and broad reform

December 28, 2023 – 00:00

There are 644 articles that have an impact on economic, political, social, cultural, judicial and pension regulations. Requests delegated powers for two years with the possibility of extending.

Javier Milei sent to Congress a Proyect of “omnibus law” which aims to advance the reform of the State but which reaches multiple aspects, making it the most ambitious project due to the breadth of matters covered throughout the 350 veneers as well as the impact on political, economic, pension, social, judicial, tax, security, defense, health and electoral organization issues. But they include environmental, bonding and even relationship issues.

In the main, a public emergency is declared in economic, financial, fiscal, pension, security, defense, tariff, energy, health, administrative and social matters until the December 31, 2025. Said period may be extended by the national Executive Branch for a maximum period of two years.

It delegates legislative powers to the Executive Branch in the matters for which an emergency was declared, in what appears to be the most controversial section in light of the Article 29 of the Constitution that prevents the delegation of extraordinary powers or the sum of public power. Although, in fact, they are two subjects less than those requested by the former president Alberto Fernandez during the Pandemic.

In any case, the project anticipates a strong discussion in the Congress because it deregulates and contains about 644 items and articles. Negotiations will be activated.

The main axes of the omnibus bill are:

  1. The Decree of Necessity and Urgency (DNU) of economic deregulation 70/23 that President Javier Milei signed last week is ratified.
  2. Authorization is requested to privatize 41 public companies, including Banco Nación, YPF, Aysa, Aerolíneas Argentinas and the Télam news agency.
  3. The pension formula used to update the salaries of retirees is suspended and it is established that the Government will give increases by decree with a focus on minimum salaries.
  4. Prison sanctions are established for protest organizers who block streets or routes or obstruct public spaces.
  5. Those who cause disturbances and damage during demonstrations will also have penalties, as long as they are not provided for in other types of penalties. A meeting of 3 or more people on public roads will require prior authorization from the Ministry of Security.
  6. The typicality is expanded to consider self-defense, including acting in security forces.
  7. The national public procurement system is concentrated in a single regime with debureaucratization and remote procedures.
  8. The project establishes criteria for transparency in concessions, monitoring, arbitration and termination mechanisms of concessions.
  9. Public employees who carry out protests will suffer a deduction from their salaries.
  10. Legal instruments are provided to carry out the reorganization of the national Public Administration and it is possible to eliminate departments whose purpose replicates that of other organizations or even Justice, such as INADI.
  11. The transfer is made available to state employees whose positions are eliminated by the restructuring of the State and their salaries will be paid for 12 months until their separation.
  12. The elimination of the PASO is proposed and the primaries will have to be carried out by each political party, without contributions for printing ballots or free transfer of advertising space in the media.
  13. The elimination of the regular lists is proposed by establishing a system of electing national deputies based on single-member constituencies, which means that the representation of minority forces is reduced and each district elects a candidate who will occupy some of the seats to be distributed.
  14. Representation in Deputies is balanced, granting Buenos Aires preeminence based on the 2022 census and to the detriment of CABA; Other provinces give up seats and there will no longer be a floor of 5 established by law.
  15. It is proposed that, to finance campaigns, political parties must create a single current account per district where the political party’s funds must be deposited, where contribution limitations per person and per campaign are set aside.
  16. A system is established to regularize tax, customs and social security debts due as of November 30, 2023.
  17. Money laundering is proposed where it can be carried out free of charge for the first 100 dollars and there will be an aliquot on the surplus depending on the date of externalization.
  18. The personal property tax is reformed and a unification of the fee is established regardless of the location of the assets.
  19. The declaration in the baggage regime for the entry of imported goods for personal use is eliminated.
  20. The rates for agricultural withholdings are established and 33 percent is imposed on export duties on soybeans.
  21. Free international trade in hydrocarbons is established and intervention or the fixing of marketing prices in the domestic market is prohibited at any of the production stages.
  22. The biofuels law is modified to allow free trade in biofuels, in terms of price and supply.
  23. The Gas and Electricity Regulatory Entities are unified to control the concessionaire and licensee companies for the transportation and distribution of electrical energy and natural gas.
  24. The project establishes the transfer in January 2025 of the Real Estate Registry (RPI) to the jurisdiction of the Autonomous City of Buenos Aires.
  25. Justice with local jurisdiction is transferred to the City of Buenos Aires, which today remains under national justice, which implies the possibility of a major confrontation with the judges.
  26. It is proposed that the Judicial Branch and the Legislative Branch also have an Anti-Corruption Office, which currently covers only the Executive Branch.
  27. It establishes the trial by juries but also establishes that the judge who must carry them out must wear a toga and command the hearings with a hammer, as in the United States.
  28. It is established that secondary school students must take an integrative exam at the end of secondary education.
  29. A process of continuous evaluation of teachers is established and restrictions on distance education are eliminated.
  30. The entry of people without a complete secondary education into higher education is prohibited.
  31. Universities that wish to do so are authorized to pay for the education of non-resident foreigners.
  32. The concept of simplified divorce is introduced for those who are part of the agreement between the parties by admitting simple registration in the civil registry.
  33. The subsidy system is limited to 50 percent of production in the INCAA since it is established that the beneficiary must have financing equivalent to that requested from the Institute.
  34. Reduces personnel registration requirements for vessels applying for fishing permits.
  35. Consider that if the administration does not respond to a request for controlled burning of territories within 30 days, tacit authorization is granted to carry them out.
  36. Transfers the assets of the ANSES FGS to the Treasury.
  37. The President can authorize military exercises by foreign troops in the country.

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