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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	50
30	Are there regulations governing conflicts of interest by members of the national legislature?	29
31	Can citizens access the asset disclosure records of members of the national legislature?	67
32	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: If the law goes against the national constitution, the judiciary must review it.

References: National Constitution

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The general perception is that the judiciary acts in a slow manner. Beyond the new integration of the Supreme Court that has made some important decisions, the inferior courts tend to be very slow in their actions. Many times they must be very pressed by the media, due to some political scandal, in order to act. However, proceedings are very slow. An investigation into corruption matters takes 14 years on average to be solved. In many cases, they are prescribed.

References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Pilar Arcidiacono, CELS, Aug. 17, 2007; CIPCE, 2007, Judicial corruption investigations.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The proceedings must be applied when the representative is not a member of the legislature anymore. According to the rules of both Houses, there is a possibility to review the membership of anyone if there is an ongoing criminal investigation.

References: National Constitution www.infoelg.gov.ar;

Rules of House of Representative and the Senate www.senado.gov.ar www.diputados.gov.ar

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Law 25.188 www.infoleg.gov.ar

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: Decree 862/2001 modified the Public Ethics Law. There are no restrictions.

References: Law 25.188 Decree 862/2001

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: Law 25.188 www.infoleg.gov.ar

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: The Public Ethics Committee was never created.

References: Law 25.188 www.infoleg.gov.ar

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: Nobody controls any of the prescriptions of the Public Ethics Law in Congress. The Administrative Secretariat of both Houses keeps the files with the asset disclosure forms. However, nobody controls their content. There is no control of possible conflicts of interest.

References: "Nadie investiga posibles casos de enriquecimiento. Las autoridades legislativas no aplican mecanismos de control" February 2007 [ LINK ];

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: Nobody controls any of the prescriptions of the Public Ethics Law in Congress. The Administrative Secreariat of both Houses keeps the files of the asset disclosure forms. However, nobody controls their content. There is no control of possible conflicts of interest.

References: "Nadie investiga posibles casos de enriquecimiento. Las autoridades legislativas no aplican mecanismos de control" February 2007 [ LINK ];

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Peer Review Comments: I believe the existence of regulations leads some legislators "in practice" to act according to ethical standards.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: "Nadie investiga posibles casos de enriquecimiento. Las autoridades legislativas no aplican mecanismos de control" February 2007 [ LINK ];

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: Law 25.188

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Accessing asset disclosure forms of national leegislators is not as easy as in the case of the executive. The proceedings are not clear. The Senate and the House of Deputies have separate policies. There is no chance to request this information online. The House of Deputies regulated the access in 2006.

References: Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007;

Poder Ciudadano, El Congreso bajo la lupa 2006

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: As in other countries, Poder Ciudadano Foundation has asked authorities to publish these forms online. However, this has been rejected in general. Few national legislators publish their records on the Web. It is the result of a personal decision. They are not forced by the law.

References: Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

Rules of the Senate www.senado.gov.ar

Rules of the House of Representatives www.diputados.gov.ar

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Since 2003, Congress has published more information online. However, a lot of documents are not on the Web. Depending on the content of the requested documents, some can be more difficult to access. When someone requests information and does not live in the capital city, this can be an impediment against rapid access.

References: Poder Ciudadano, El Congreso bajo la lupa 2006 (forthcoming); Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: Poder Ciudadano, El Congreso bajo la lupa 2006 (forthcoming); Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007