Observatory of Decrees Subject to Legislative Control (ODCL) of the Universidad Austral (UA)

Welcome to the Observatory of Subjective Decrees
Legislative Control

El Observatory of Decrees Subject to Legislative Control (ODCL) of the Universidad Austral (UA) has as its main purpose to compile objective statistics and databases on the normative activity of the Executive Branch (PEN) and its control by the National Congress (Congress), in order to analyze, study and critically evaluate the institutional practice of these two branches of government in the Argentine Republic.

In this way, the ODCL constitutes a center for research, outreach, and academic training guided by republican practices and principles that promote the effective implementation of the separation of powers. It is part of a long academic tradition of the Universidad Austral, anchored in various research works published by professors of the University, which seeks to address this topic from an analytical, critical and constructive vision, with a focus on the legislative control of the Decrees of Necessity and Urgency (DNU), Delegated Decrees (DD) and Decrees of Observation and Partial Promulgation of the Laws (DOPPL) issued by the PEN.

In the context of that main purpose, the ODCL has as one of its central objectives to study, evaluate and monitor not only the issuance of that kind of decrees by the PEN, but also the institutional practice of the Chambers of Congress and the Permanent Bicameral Commission of Legislative Procedure -Law 26.122- (CBP), in light of the constitutional norms (articles 76, 80, 99 paragraph 3, 100 paragraphs 12 and 13 of the National Constitution, among others) and the provisions of Law 26.122 that govern it.

Ultimately, the ODCL seeks to promote awareness of this practice and the country's institutional reality among the general public, the public, and those in charge of exercising public functions, as well as raising awareness of the fundamental importance for our republican system of the effective enforcement of the principle of separation of powers and the proper exercise of control over the DNU, DD, and DOPP that the 1994 constituent assembly expressly attributed to Congress.

ODCL Actions

The observatory will prepare semi-annual and annual reports and/or surveys based on a series of official data and private sources, necessary for the design of objective indicators related to the issuance of DNU, DD and DOPP by the PEN, the opinions of the CBP and the control of these decrees of a legislative nature by the Chambers of Congress.

These reports will be used for (a) dissemination in the media to inform the public, (b) the preparation of analyses and research intended to help improve the practice of the institutional actors involved, and (c) serving as input for the development or further study of academic research related to the topic.

The actions of the ODCL are thus framed within a theoretical-practical program, oriented towards the production of projects, activities and research related to the subject, which will seek to advance institutional agreements with government bodies, international organizations, academic institutions, companies and private foundations.

Lines of action. The main actions that the ODCL will carry out are the following:

  • I) Preparation of a compendium of all legislative decrees (DD, DNU and DOPP) issued by the PEN, offering, for each one, the most complete, systematized and updated information possible, related to the subject matter of the ODCL, in particular the following: (a) type of decree; (b) date of publication and president who issued it; (c) whether it was issued while Congress was in recess; (d) whether it obtained a majority and/or minority opinion from the CBP and, if applicable, its respective text; (e) whether the opinion of the CBP was, if applicable, addressed by both Houses of Congress and whether or not it obtained, in the terms of article 24 of Law 26.122, an express pronouncement in respect of it; (f) whether there are judgments of the Supreme Court of Justice of the Nation in which its constitutionality has been analyzed.
  • II) Preparation of a complete list of all decrees subject to the legislative control regime established by the Constitution and Law 26.122, which were issued by the PEN from August 2006 (date on which the aforementioned law came into force) onwards, which will be updated semi-annually.
  • III) Preparation of a list of decrees issued subject to the legal regime of Law 26.122, broken down by each President of the Nation.
  • IV) Preparation of a list of decrees subject to the legal regime of Law 26.122 distinguishing the subject matter or content of the decrees.
  • V) Evaluation of CBP practice, in numbers, from its establishment in 2006 onwards.
  • VI) Evaluation of the practice of the Chambers of the National Congress, in numbers, from its constitution in 2006 onwards.
  • VII) Compilation and selection of relevant national and international doctrine, jurisprudence, practice and parliamentary precedents on the subject.
  • VIII) Development of workshops related to the subject, analyzing parliamentary case law, the institutional practice of the PEN, the Congress and the CBP, as well as the relevant jurisprudence existing in the subject.
  • IX) Development of research and analysis projects related to the subject.

Action plan for the years 2023-2025

The action plan for the period from May 2023 to April 2025 has as its ultimate goal the preparation, compilation and making available of information related to:

  • I. A list with the quantity and type of decree subject to the legal regime of Law 26.122 that was issued from 2006 onwards.
  • II. A list with the quantity and type of decree subject to the legal regime of Law 26.122 that was issued from 2006 onwards, distinguishing by the President of the Nation who issued them.
  • III. A list with the quantity and type of decree subject to the legal regime of Law 26.122 that was issued from 2006 onwards, distinguishing the subject matter or content of the decrees.
  • IV. The practice of CBP, which will be evaluated in numbers from its establishment in 2006 onwards.
  • V. The practice of the Chambers of the National Congress, which will be evaluated in numbers from its constitution in 2006 onwards.

Authorities

Dr. Alfonso Santiago (h)

Director

Luis Esteban Vivacqua

Executive Director

Veronica Nolazco

Coordinator

Alejandro Krüeger French

Coordinator

They are part of the Observatory

  • Enrique Veramendi 
  • Fernando Comadira 
  • Pablo Comadira 
  • Santiago Maqueda Fourcade 
  • Mariano Palacios 
  • Veronica Nolazco 
  • Juan de Dios Cincunegui 
  • Julieta Berger  
  • Macarena Alurralde 
  • Mercedes Piscitello 
  • Juan Ylarri 
  • Ignacio Arizu 
  • Juan José Revilla Cornejo

Student collaborators

  • Anita Doucet 
  • Pedro Escobar 
  • Lucas Moran 
  • Fermín Olcese 
  • Camila Klappenbach 
  • Francesca Paci     
  • Lorenzo Martínez Sluga 
  • Lucia Betzel 
  • Aylin Nogueiro 
  • Victoria Guevara 
  • Justo Medin 

Advisory Committee of the Observatory

  • Dr. Estela Sacristán 
  • Dr. Alberto Bianchi 
  • Dr. Hector A. Mairal 
  • Dr. Martín Oyhanarte 

Publications

academic articles