Argentina 1853 Constitution (reinstated 1983, reviewed 1994)

Table of Contents


Article 100

The Chief of the Cabinet of Ministers and other Secretary-Ministers, whose number and competence shall be established by a special law, shall have under their responsibility the handling of the Nation’s business, and shall endorse and legalize the acts of the President through their signatures, without which the [President’s] acts have no effect.

The Chief of the Cabinet of Ministers, who has political responsibility to the National Congress, shall have the power:

  1. To exercise the general administration of the country.
  2. To issue the acts and regulations that may be necessary to exercise the powers that this article grants to him and those that the President of the Nation delegates to him, with the endorsement of the Secretary-Minister of the branch to which the act or regulation refers.
  3. To make the appointments of employees of the administration, except for those [appointments] which fall to the President.
  4. To exercise the functions and powers that the President of the Nation may delegate to him, and to resolve with the consent of the Cabinet matters that the Executive Power may assign to him, or upon his own initiative matters that he deems necessary within the scope of his competence.
  5. To coordinate, prepare for, and convene sessions of the Cabinet of Ministers, presiding over them in the event of the President’s absence.
  6. To send to Congress the bills concerning the Ministries and the National Budget, after previous [favorable] treatment at a Cabinet meeting and approval by the Executive Power.
  7. To see to the collection of the revenues of the Nation and to execute the National Budget law.
  8. To approve decrees establishing implementing regulations for laws, decrees that provide for the extension of ordinary sessions of Congress or the convening of extraordinary sessions, and the messages of the President promoting a legislative initiative.
  9. To attend sessions of Congress and participate in its debates, but without voting.
  10. Once ordinary sessions of Congress have begun, to present together with the other Ministers a detailed account of the state of the Nation concerning the affairs of the respective departments.
  11. To produce the verbal or written reports and explanations that any of the Chambers may request from the Executive Power.
  12. To approve decrees that exercise powers delegated by Congress, which shall be subject to the review of the Standing Bicameral Committee.
  13. To approve, jointly with the other Ministers, decrees of necessity and urgency and decrees that partially promulgate laws. He shall personally submit these decrees for consideration by the Standing Bicameral Committee within ten days of their enactment.

The Chief of the Cabinet of Ministers may not simultaneously hold another ministry.

Article 101

The Chief of the Cabinet of Ministers must attend Congress at least once a month, attending each Chamber alternately, to inform them of the government’s progress, without prejudice to what is provided for in Article 71. He may be cross-examined for the purposes of considering a censure motion, by an absolute majority vote of the totality of the members of either of the Chambers, and he may be removed by an absolute majority vote of the members of each of the Chambers.

Article 102

Each minister is responsible for the acts that he legalizes and is jointly responsible for those in which he concurs with his colleagues.

Article 103

Ministers may not, in any case, issue resolutions on their own, except for those concerning the economic and administrative system of their respective departments.

Article 104

Once the Congress has opened its sessions, the Ministers of the Cabinet shall submit a detailed report on the state of the Nation as it relates to the affairs of their respective departments.

Article 105

Ministers may not be Senators or Deputies without first resigning their office as Minister.

Article 106

Ministers may attend the sessions of Congress and take part in their debates, but they may not vote.

Article 107

Ministers shall receive a salary established by law for their services, which may not be increased or decreased in favor of or to the detriment of those who are already in office.