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.
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:
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: