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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Budget Processes
Indicators		Score
37	Can the legislature provide input to the national budget?	42
38	Can citizens access the national budgetary process?	33
39	In law, is there a separate legislative committee which provides oversight of public funds?	100
40	Is the legislative committee overseeing the expenditure of public funds effective?	0

Indicator and sub-Indicator Details

Can the legislature provide input to the national budget?

37a: In law, the legislature can amend the budget.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

37b: In practice, significant public expenditures require legislative approval.

Score:

100

$Scoring Criteria :: 100 Score Criteria: All significant government expenditures (defined as any project costing more than 1% of the total national budget), must be approved by the legislature. This includes defense and secret programs, which may be debated in closed hearings. 50 Score Criteria: Most significant government expenditures (as defined) are approved by the legislature, but some exceptions to this rule exist. This may include defense programs, an executive\'s personal budget, or other expenses. 0 Score Criteria: The legislature does not have the power to approve or disapprove large portions of the government budget, or the legislature does not exercise this power in a meaningful way.$

Comments: The reform of Law 24.156 of financial administration gave the executive the chance to modify part of the national budget without congressional approval. This law reform consolidated a long term action of the executive, which used to be approved by Congress every year due to economic emergency. In 2007, this has provided the executive with the possibility to change the budget with electoral purposes. The Public Works Ministry has been the main beneficiary.

References: Informe de Ejecucion Presupuestaria del Sector Publico Nacional. Julio 2007. Asociacion Argentina de Presupuesto y Administracion Financiera www.asap.org.ar

"Por decreto, Kirchner aumentó el Presupuesto en algo más de 14 mil millones de pesos" [ LINK ]

Decretos y superpoderes, un combo poderoso mirando hacia el 2007 "Según un informe privado, en 2005 se usaron así más de $ 15.000 millones. El Gobierno busca no seguir acumulando DNU: este año ya sancionó cuatro." ([ LINK ])

Peer Review Comments: Anibal Fernández, chief of Staff (Jefe de Gabiente) has the power to reasign national budget.

37c: In practice, the legislature has sufficient capacity to monitor the budget process and provide input or changes.

Score:

100

Comments: The Congress has no political capacity to control the executive. The political majority is well disciplined to abide to the requests of the executive. Besides, Congress has a low and almost no-technical capacity and staff to control the budgetary process. Many NGOs have been calling for better staff to strengthen the congressional capacities to control the budgetary process and the executive.

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

Poder Ciduadano, El Congreso bajo la lupa 2006 www.poderciudadano.org

Peer Review Comments: The executive has no limits to handle the budget. This works as wel for the national Executive and governors. Although their are differences in each province. A very detailed report was published on november 20 in La Nación. In 18 of 24 provinces, chief executives have extraordinary powers to handle the budget. These powers are known colloquial as superpower (this includes Buenos Aires city). For more information you can visit La Nación website [ LINK ]

Peer Review Comments: I believe the reporting would be more thorough if it were complemented and sourced more often in the opinions of other experts and organizations other than Poder Ciudadano, especially some that have more specialization in certain areas as judicial or budgetary affairs.

Can citizens access the national budgetary process?

38a: In practice, the national budgetary process is conducted in a transparent manner in the debating stage (i.e. before final approval).

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

Peer Review Comments: Tthe national budgetary process is conducted in a transparent manner in the debating stage, but this has no real implication in the final Budget,

38b: In practice, citizens provide input at budget hearings.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

Peer Review Comments: Only in the city of Buenos Aires citizens ccan discuss small amount of money for their Neighborhoods.

38c: In practice, citizens can access itemized budget allocations.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

In law, is there a separate legislative committee which provides oversight of public funds?

39: In law, is there a separate legislative committee which provides oversight of public funds?

Score:

YES

Comments:

References: National Constitution

Comision de Presupuesto y Hacienda. Senado de la Nacion www.senado.gov.ar

Comsion de Presupuesto y Hacienda. Camara de Diputados de la Nacion www.diputados.gov.ar

Comision Mixta Revisora de Cuentas (This one is an ex-post controller)

Is the legislative committee overseeing the expenditure of public funds effective?

40a: In practice, department heads regularly submit reports to this committee.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

40b: In practice, the committee acts in a non-partisan manner with members of opposition parties serving on the committee in an equitable fashion.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties in a roughly equitable distribution. All members of the committee -- including opposition party members -- are able to fully participate in the activities of the committee and influence the committee\'s work to roughly the same extent as any other member of the committee. 50 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties although the ruling party has a disproportionate share of committee seats. The chairperson of the committee may be overly influential and curb other members\' ability to shape the committee's activities. 0 Score Criteria: The committee is dominated by legislators of the ruling party and/or the committee chairperson. Opposition legislators serving on the committee have in practice no way to influence the work of the committee.$

Comments: Most members in both committees belong to the ruling party.

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

40c: In practice, this committee is protected from political interference.

Score:

100

$Scoring Criteria :: 100 Score Criteria: This committee operates independently of the political process, without incentive or pressure to render favorable judgments on politically sensitive issues. Investigations are rarely praised or criticized by political figures. 50 Score Criteria: This committee is usually independent but is sometimes influenced by negative or positive political incentives. This may include public praise or criticism by the government. 0 Score Criteria: This committee is commonly influenced by personal or political forces or incentives. This may include conflicting family relationships, professional partnerships, or other personal loyalties that ultimately influence the committee\'s behavior and decision-making. Negative incentives may include threats, harassment or other abuses of power by the government.$

Comments: Most members in both committees belong to the ruling party.

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org

40d: In practice, when necessary, this committee initiates independent investigations into financial irregularities.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano Foundation, Aug. 17, 2007;

Indice Latinoamericano de Transparencia Presupuestaria. Argentina www.poderciudadano.org