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Constitution Argentina2014-08-11 17:22:00 (читать в оригинале)Constitution Preamble We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assembly by the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in order to form a national union, guarantee justice, secure domestic peace, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves, to our posterity, and to all men of the world who wish to dwell on argentine soil: invoking the protection of God, source of all reason and justice: do ordain, decree, and establish this Constitution for the Argentine Nation. [Part I] First Part Chapter I Declarations, Rights, and Guarantees Section 1 [] The Argentine Nation adopts the federal republican representative form of government, as this Constitution establishes. Section 2 [] The Federal Government supports the Roman Catholic Apostolic religion. Section 3 [] The authorities in charge of the Federal Government shall reside in the city to be declared Capital of the Republic by a special law of Congress, once settled the cession of the territory to be federalized by one or more provincial legislatures. Section 4 [] The Federal Government provides for the expenditures of the Nation with the funds of the National Treasury, composed of the proceeds of export and import duties, the sale or lease of lands owned by the Nation, the revenues of the Posts, other taxes equitably and proportionally levied on the population by the National Congress, and of whatever loans and credit transactions Congress may order in case of national emergencies or for enterprises of national interest. Section 5 [] Each province shall enact its own constitution under the republican, representative system, in accordance with the principles, declarations, and guarantees of the National Constitution, ensuring its administration of justice, municipal regime, and elementary education. Under these conditions, the Federal Government shall guarantee each province the full exercise of its institutions. Section 6 [] The Federal Government may intervene in the territory of the provinces in order to guarantee the republican form of government or to repel foreign invasions; and at the request of their constituted authorities, it may intervene to support or reestablish them, should they have been deposed by sedition or invasion from another province. Section 7 [] The public acts and judicial proceedings of one province are worthy of full faith in the others; and Congress may, by general laws, prescribe the manner in which such acts and proceedings shall be proved and the legal effects thereof. Section 8 [] The citizens of each province shall be entitled to all rights, privileges, and immunities inherent in the condition of citizen in the other provinces. The extradition of criminals is a reciprocal obligation among all the provinces. Section 9 [] Throughout the territory of the Nation there shall be no other Customs than the national ones, in which the tariffs enacted by Congress shall be in force. Section 10 [] The circulation of goods of national production or manufacture is free from duties throughout the Republic, as well as the circulation of articles and merchandise of all kinds cleared in the national Customs. Section 11 [] Goods of national or foreign production or manufacture, as well as livestock of all kinds, that may pass through the territory of one province to another, shall be free from the so called transit duties, the same as the carriages, vessels or beasts in or on which they are transported; and no other duty, whatever its name may be, shall be imposed on them by reason of their passing through the territory. Section 12 [] Vessels sailing from one province to another shall not be bound to enter, anchor, or pay transit duties; and no preference shall be granted in any case to any port in respect of another, by means of trading laws or regulations. Section 13 [] New provinces may be admitted into the Nation; but a new province shall neither be established within the territory of another province or provinces, nor be formed from several, without the consent of the legislatures of the provinces concerned as well as that of Congress. Section 14 [] All the inhabitants of the Nation are entitled to the following rights, in accordance with the laws that regulate their exercise, namely: to work and perform any lawful industry; to navigate and trade; to petition the authorities; to enter, remain in, travel through, and leave the Argentine territory; to publish their ideas through the press without previous censorship; to make use and dispose of their property; to associate for useful purposes; to profess freely their religion; to teach and to learn. Section 14bis [] (1) Labor in its several forms shall be protected by law, which shall ensure to workers: dignified and equitable working conditions; limited working hours; paid rest and vacations; fair remuneration; minimum vital and adjustable wage; equal pay for equal work; participation in the profits of enterprises, with control of production and collaboration in the management; protection against arbitrary dismissal; stability of the civil servant; free and democratic labor union organizations recognized by the mere registration in a special record. (2) Trade unions are hereby guaranteed: the right to enter into collective labor bargains; to resort to conciliation and arbitration; the right to strike. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. (3) The State shall grant the benefits of social security, which shall be of an integral nature and may not be waived. In particular, the laws shall establish: compulsory social insurance, which shall be in charge of national or provincial entities with financial and economic autonomy, administered by the interested parties with State participation, with no overlapping of contributions; adjustable retirements and pensions; full family protection; protection of homestead; family allowances and access to a worthy housing. Section 15 [] In the Argentine Nation there are no slaves: the few who still exist shall become free as from the swearing of his Constitution; and a special law shall regulate whatever compensation this declaration may give rise to. Any contract for the purchase and sale of persons is a crime for which the parties shall be liable, as well as the notary or officer authorizing it. And slaves who by any means enter the nation shall be free by the mere fact of entering the territory of the Republic. Section 16 [] The Argentine Nation admits neither blood nor birth prerogatives: there are neither personal privileges nor titles of nobility. All its inhabitants are equal before the law, and admissible to employment without any other requirement than their ability. Equality is the basis of taxation and public burdens. Section 17 [] Property may not be violated, and no inhabitant of the Nation can be deprived of it except by virtue of a sentence based on law. Expropriation for reasons of public interest must be authorized by law and previously compensated. Only Congress levies the taxes mentioned in Section 4. No personal service can be requested except by virtue of a law or sentence based on law. Every author or inventor is the exclusive owner of his work, invention, or discovery for the term granted by law. The confiscation of property is hereby abolished forever from the Argentine Criminal Code. No armed body may make requisitions nor demand assistance of any kind. Section 18 [] No inhabitant of the Nation may be punished without previous trial based on a law enacted before the act that gives rise to the process, nor tried by special committees, nor removed from the judges appointed by law before the act for which he is tried. Nobody may be compelled to testify against himself, nor be arrested except by virtue of a written warrant issued by a competent authority. The defense by trial of persons and rights may not be violated. The domicile may not be violated, as well as the written correspondence and private papers; and a law shall determine in which cases and for what reasons their search and occupation shall be allowed. Death penalty for political causes, any kind of tortures and whipping, are forever abolished. The prisons of the Nation shall be healthy and clean, for the security and not for the punishment of the prisoners confined therein; and any measure taken with the pretext of precaution which may lead to mortify them beyond the demands of security, shall render liable the judge who authorizes it. Section 19 [] The private actions of men which in no way offend public order or morality, nor injure a third party, are only reserved to God and are exempted from the authority of judges. No inhabitant of the Nation shall be obliged to perform what the law does not demand nor deprived of what it does not prohibit. Section 20 [] Foreigners enjoy within the territory of the Nation all the civil rights of citizens; they may exercise their industry, trade and profession; own real property, buy and sell it; navigate the rivers and coasts; practice freely their religion; make wills and marry under the laws. They are not obliged to accept citizenship nor to pay extraordinary compulsory taxes. They may obtain naturalization papers residing two uninterrupted years in the Nation; but the authorities may shorten this term in favor of those so requesting it, alleging and proving services rendered to the Republic. Section 21 [] Every Argentine citizen is obliged to bear arms in defense of the fatherland and of this Constitution, in accordance with the laws issued by Congress and the Decrees of the National Executive Power to this effect. Citizens by naturalization are free to render or not this service for a period of ten years as from the date they obtain naturalization papers. Section 22 [] The people neither deliberate nor govern except through their representatives and authorities established by this Constitution. Any armed force or meeting of persons assuming the rights of the people and petitioning in their name, commits the crime of sedition. Section 23 [] In the event of domestic disorder or foreign attack endangering the full enforcement of this Constitution and of the authorities hereby established, the province or territory which is in a turmoil shall be declared in state of siege and the constitutional guarantees shall be suspended therein. But during such a suspension the President of the Republic shall not pronounce judgment or apply penalties on his own. In such case, his power shall be limited, with respect to persons, to their arrest or transfer from one place of the Nation to another, should they not prefer to leave the Argentine territory. Section 24 [] Congress shall promote the reform of the present legislation in all its branches, and the establishment of trial by jury. Section 25 [] The Federal Government shall foster European immigration; and may not restrict, limit or burden with any tax whatsoever, the entry into the Argentine territory of foreigners who arrive for the purpose of tilling the soil, improving industries, and introducing and teaching arts and sciences. Section 26 [] Navigation of the inland rivers of the Nation is free for all flags, only subject to the regulations issued by the national authority. Section 27 [] The Federal Government is under the obligation to strengthen its relationships of peace and trade with foreign powers, by means of treaties in accordance with the principles of public law laid down by this Constitution. Section 28 [] The principles, guarantees and rights recognized in the preceding sections shall not be modified by the laws that regulate their enforcement. Section 29 [] Congress may not vest on the National Executive Power - nor may the provincial legislatures vest on the provincial governors - extraordinary powers or the total public authority; it may not grant acts of submission or supremacy whereby the life, honor, or wealth of the Argentine people will be at the mercy of governments or any person whatsoever. Acts of this nature shall be utterly void, and shall render those who formulate them, consent to them or sign them, liable to be condemned as infamous traitors to their fatherland. Section 30 [] The Constitution may be totally or partially amended. The necessity of reform must be declared by Congress with the vote of at least two-thirds of the members; but it shall not be carried out except by an Assembly summoned to that effect. Section 31 [] This Constitution, the laws of the Nation enacted by Congress in pursuance thereof, and treaties with foreign powers, are the supreme law of the Nation; and the authorities of each province are bound thereby, notwithstanding any provision to the contrary included in the provincial laws or constitutions, except for the province of Buenos Aires, the treaties ratified after the Pact of November 11, 1859. Section 32 [] The Federal Congress shall not enact laws restricting the freedom of printing or establishing federal jurisdiction over it. Section 33 [] The declarations, rights and guarantees which the Constitution enumerates shall not be construed as a denial of other rights and guarantees not enumerated, but rising from the principle of sovereignty of the people and from the republican form of government. Section 34 [] The judges of the federal courts cannot at the same time hold an office in the provincial courts. The federal service, whether civil or military, shall not grant a right of residence in the province in which it is performed unless it is where the employee habitually resides, this provision being understood as pertaining to the right to choose employments in the province in which he accidentally happens to be. Section 35 [] The denominations successively adopted from 1810 up to the present, namely: "United Provinces of the River Plate"; "Argentine Republic"; "Argentine Confederation", shall henceforth be official names to be indistinctly used for the designation of the government and territory of the provinces, the words "Argentine Nation" being used in the making and enactment of laws. Chapter II New Rights and Guarantees Section 36 [] (1) This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably null. (2) Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences. (3) Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription. (4) All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section. (5) He who, procuring personal enrichment, incurs in serious fraudulent offense against the Nation shall also attempt against the democratic system, and shall be disqualified to hold public office for the term specified by law. (6) Congress shall enact a law on public ethics which shall rule the exercise of public office. Section 37 [] (1) This Constitution guarantees the full exercise of political rights, in accordance with the principle of popular sovereignty and with the laws derived therefrom. Suffrage shall be universal, equal, secret and compulsory. (2) Actual equality of opportunities for men and women to elective and political party positions shall be guaranteed by means of positive actions in the regulation of political parties and in the electoral system. Section 38 [] (1) Political parties are basic institutions of the democratic system. (2) This Constitution guarantees the free establishment and exercise of their activities, as well as their democratic organization and performance, representation of minority groups, competition for those standing as candidates for elective public positions, access to public information and communication of their ideas. (3) The State contributes to the economic support of their activities and the training of their leaders. (4) Political parties shall make public the source and destiny of their funds and assets. Section 39 [] (1) Citizens shall have the right to introduce bills before the House of Deputies. Congress shall consider them within the term of twelve months. (2) Congress shall enact, with the vote of the absolute majority of all the members of each House, a regulatory law that cannot demand more than three per cent of the national voters register, which shall be consistent with an adequate territorial distribution in order to support the initiative. (3) Bills referring to constitutional reform, international treaties, taxation, budget, and criminal legislation shall not originate in popular initiatives. Section 40 [] (1) At the initiative of the House of Deputies, Congress may submit a bill to popular consultation. The law calling said consultation shall not be vetoed. With the affirmative vote of the people of the Nation, the bill shall become a law and its promulgation shall be automatic. (2) Congress or the President of the Nation, according to their respective powers, shall call a non-binding popular consultation. In this case voting shall not be compulsory. (3) With the vote of the absolute majority of all the members of each House, Congress shall regulate the subjects, procedures and time of the popular consultation. Section 41 [] (1) All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the obligation to repair it according to law. (2) The authorities shall provide for the protection of this right, the rational use of natural resources, the preservation of the natural and cultural heritage and of the biological diversity, and shall also provide for environmental information and education. (3) The Nation shall regulate the minimum protection standards, and the provinces those necessary to reinforce them, without altering their local jurisdictions. (4) The entry into the national territory of present or potential dangerous wastes, and of radioactive ones, is forbidden. Section 42 [] (1) As regards consumption, consumers and users of goods and services have the right to the protection of their health, safety, and economic interests; to adequate and truthful information; to freedom of choice and equitable and reliable treatment. (2) The authorities shall provide for the protection of said rights, the education for consumption, the defense of competition against any kind of market distortions, the control of natural and legal monopolies, the control of quality and efficiency of public utilities, and the creation of consumer and user associations. (3) Legislation shall establish efficient procedures for conflict prevention and settlement, as well as regulations for national public utilities. Such legislation shall take into account the necessary participation of consumer and user associations and of the interested provinces in the control entities. Section 43 [] (1) Any person shall file a prompt and summary proceeding regarding constitutional guarantees, provided there is no other legal remedy, against any act or omission of the public authorities or individuals which currently or imminently may damage, limit, modify or threaten rights and guarantees recognized by this Constitution, treaties or laws, with open arbitrariness or illegality. In such case, the judge may declare that the act or omission is based on an unconstitutional rule. (2) This summary proceeding against any form of discrimination and about rights protecting the environment, competition, users and consumers, as well as about rights of general public interest, shall be filed by the damaged party, the ombudsman and the associations which foster such ends registered according to a law determining their requirements and organization forms. (3) Any person shall file this action to obtain information on the data about himself and their purpose, registered in public records or data bases, or in private ones intended to supply information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data. The secret nature of the sources of journalistic information shall not be impaired. (4) When the right damaged, limited, modified, or threatened affects physical liberty, or in case of an illegitimate worsening of procedures or conditions of detention, or of forced missing of persons, the action of habeas corpus shall be filed by the party concerned or by any other person on his behalf, and the judge shall immediately make a decision even under state of siege. [Part II] Second Part Authorities of the Nation Title I Federal Government [Subtitle I] First Division: Legislative Power [Chapter 0 General Provision] Section 44 [Legislative Power] The Legislative Power of the Nation shall be vested in a Congress composed of two Houses, one of Deputies of the Nation and the other of Senators for the provinces and for the City of Buenos Aires. Chapter I The House of Deputies Section 45 [] The House of Deputies shall be composed of representatives directly elected by the people of the provinces, of the City of Buenos Aires, and of the Capital City in case of its moving, which for this purpose are considered as constituencies of a single state, and by simple plurality of votes. The number of representatives shall be one for every thirty-three thousand inhabitants or fraction not under sixteen thousand five hundred inhabitants. After each census, Congress shall establish the representation in accordance with the same, being empowered to increase but not to decrease the basis indicated for each deputy. Section 46 [] The deputies for the first legislative session shall be appointed in the following proportion: for the province of Buenos Aires, twelve; for that of Cуrdoba, six; for that of Catamarca, three; for that of Corrientes, four; for that of Entre Rнos, two; for that of Jujuy, two; for that of Mendoza, three; for that of La Rioja, two; for that of Salta, three; for that of Santiago, four; for that of San Juan, two; for that of Santa Fe, two; for that of San Luis, two; and for that of Tucumбn, three. Section 47 [] For the second legislative session a general census shall be carried out and the number of deputies shall be arranged according thereto; but this census shall only be renewed every ten years. Section 48 [] In order to be a deputy it is necessary to have attained to the age of 25 years; to have been four years a fully qualified citizen; and to be a native of the province electing him or to have two years of immediate residence therein. Section 49 [] On this occasion, the Legislatures of the provinces shall regulate the means to hold the direct election of the deputies of the Nation; in the future, Congress shall enact a general law. Section 50 [] Deputies shall hold office for a term of four years and may be re-elected; but the House shall be renewed by halves every two years; for this purpose those elected for the first legislative session, after meeting, shall draw lots to decide those who shall leave after the first period. Section 51 [] In case of vacancy, the Government of the province or of the Capital City shall proceed to call a legal election for a new member. Section 52 [] All bills for raising revenue and for the recruitment of troops shall exclusively originate in the House of Deputies. Section 53 [] Only the House of Deputies has the power to impeach before the Senate the President, the Vice-President, the Chief of the Ministerial Cabinet, the Ministers, and the Justices of the Supreme Court, in such cases of responsibility as are brought against them for misconduct or crimes committed in the fulfillment of their duties; or for ordinary crimes, after having known about them and after the decision to bring an action had been voted by a majority of two-thirds of its members present. Chapter II The Senate Section 54 [] The Senate shall be composed of three senators for each province, and three for the City of Buenos Aires, jointly and directly elected, corresponding two seats to the political party obtaining the majority of votes, and the other seat to the political party following in number of votes. Each senator shall have one vote. Section 55 [] In order to be elected senator the following conditions are required: to have attained to the age of 30 years, to have been six years a citizen of the Nation, to have an annual income of two thousand strong pesos or similar revenues, and to be a native of the province electing him or to have two years of immediate residence therein. Section 56 [] Senators shall hold office for a term of six years and may be indefinitely re-elected; but the Senate shall be renewed by one-third of the constituencies every two years. Section 57 [] The Vice-President of the Nation shall be President of the Senate; but he shall have no vote unless in case of equality of votes. Section 58 [] The Senate shall appoint a President pro tempore to preside it in case of absence of the Vice-President, or when he holds the office of President of the Nation. Section 59 [] The Senate is empowered to judge in public trial those impeached by the House of Deputies, its members being on oath for the case. When the President of the Nation is impeached, the Senate shall be presided by the Chief Justice of the Supreme Court. No person shall be declared guilty without the majority of two-thirds of the members present. Section 60 [] The judgment shall not extend further than to remove the accused person from office, and to disqualify him to hold any office of honor, trust, or profit in the Nation. But the party declared guilty shall, nevertheless, be subject to accusation, trial, and punishment according to law before the ordinary courts. Section 61 [] In case of foreign attack, the Senate is also empowered to authorize the President of the Nation to declare in state of siege one or several places of the Republic. Section 62 [] When any vacancy occurs in the Senate because of death, resignation or other cause, the government to which the vacancy belongs shall immediately call an election for a new member. Chapter III Povisions applicable to both Houses Section 63 [] Both Houses shall assemble, on their own account, every year in ordinary legislative session from March 1 until November 30. The President of the Nation may convoke to extraordinary legislative session or extend the ordinary one. Section 64 [] Each House shall be the judge of the elections, rights and qualifications of its members, as regards their validity. Neither of them shall meet without the absolute majority of its members; but a smaller number may compel the absent members to attend the meetings, in the terms and under the penalties as each House may provide. Section 65 [] Both Houses begin and conclude their legislative session simultaneously. Neither of them, while they sit, shall adjourn its meetings for more than three days without the consent of the other. Section 66 [] Each House shall make its rules of proceedings, and with the concurrence of two-thirds may correct any one of its members for disorderly behavior in the exercise of his duties, or can remove him on account of physical or moral disability occurring after his admission, and may even expel him from the body; but a majority of one more than the half of those present shall be enough to decide on voluntary resignations from office. Section 67 [] Senators and deputies, on assuming office, shall take an oath to duly perform their duties and to act in all matters in accordance with the provisions herein established. Section 68 [] No member of Congress shall be accused, judicially examined, or disturbed for opinions expressed or speeches delivered by him while holding office as legislator. Section 69 [] No senator or deputy shall be arrested as from the day of his election until the expiration of his term, except when flagrantly surprised committing a crime deserving capital punishment or other infamous or serious punishment, in which case a summary report of the facts shall be submitted the corresponding House. Section 70 [] When a written complaint is filed before the ordinary courts against any senator or deputy, once examined if there is enough evidence in a public trial, each House may, with the concurrence of two-thirds of the votes, suspend the accused party from his office and place him under the jurisdiction of the competent court to be judged. Section 71 [] Either House shall summon the Ministers of the Executive Power to receive such explanations or reports as it may deem necessary. Section 72 [] No member of Congress shall be appointed to any civil office or commission under the Executive Power, without the previous consent of the respective House, except for employments subject to promotions. Section 73 [] Neither the regular members of the clergy nor governors in representation of their own provinces, may be members of Congress. Section 74 [] The senators and deputies shall receive a remuneration for their services, to be ascertained by law, and paid out of the Treasury of the Nation. Chapter VI Powers of Congress Section 75 [] Congress is empowered: 1. To legislate about national Customs. To lay import and export duties that shall be uniform throughout the Nation as well as the valuations on which they are assessed. 2. To levy indirect taxes as a power concurrent with the provinces. To levy direct taxes for a specified term and proportionally equal throughout the national territory, provided that the defense, common security and general welfare of the State so require it. The taxes under this subsection are subject to joint participation, except for those which, in part or in all, have specific allocation. An agreement-law based on understandings between the Nation and the provinces shall establish systems of joint participation for these taxes, guaranteeing the automatic remittance of funds. The distribution among the Nation, the provinces and the City of Buenos Aires, and among themselves, shall be carried out in direct relation to the jurisdictions, services and functions of each one of them taking into account objective sharing criteria; it shall be based on principles of equity and solidarity giving priority to the achievement of a similar degree of development, of living standards and equal opportunities throughout the national territory. The agreement-law shall originate in the Senate and shall be enacted with the absolute majority of all the members of each House; it shall be neither unilaterally amended nor regulated, and shall be approved by the provinces. There shall be no transfer of jurisdictions, services or functions without the corresponding reallocation of funds approved by a law of Congress, when appropriate, and by the interested province or the City of Buenos Aires, as the case may be. A federal fiscal body shall be in charge of the control and monitoring of what is laid down in this subsection, according to the law which shall guarantee the representation of all the provinces and of the City of Buenos Aires as regards its composition. 3. To set and modify specific allocations that may be subject to joint participation, for a specified term, by a special law enacted with the absolute majority of all the members of each House. 4. To borrow money on the credit of the Nation. 5. To decide about the use and sale of national lands. 6. To establish and regulate a Federal bank with power to issue money, as well as other national banks. 7. To settle the payment of the domestic and foreign debt of the Nation. 8. To fix annually, according to the standards laid down in the third paragraph of subsection 2 of this Section, the general budget of expenses and the estimate of resources of the National Administration, based on the general program of the government and on the public investment plan, and to approve or reject the investment account. 9. To grant subsidies from the National Treasury to those provinces the incomes of which, according to their budgets, do not cover their ordinary expenses. 10. To regulate the free navigation of inland rivers, to authorize the operation of such ports as it shall consider necessary, and to set up or suppress Customs.
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