How the system for vetoing a law works in Argentina

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2024-08-23 17:37:44

Javier Miley He promised to veto the law that increases pensions by 8.1 percent. “Every time the degenerate fiscal politicians want to break the fiscal balance, I will veto everything, I don’t give a damn,” said the president regarding the project that was advancing in Congress. This Thursday, after the approval in the Senate, the president’s reaction is expected. But, what is the presidential veto process, its implications and the options that the upper house has to intervene?

The presidential veto is a key tool in the Argentine legislative process, because it allows the Executive Branch to stop the promulgation of a law approved by Congress.

Although this power gives the president considerable influence, it does not mean the end of the road for the legislative project. The Senate and the Chamber of Deputies have the power to challenge this decision, although under specific conditions and with certain limitations.

What is veto and when is it used?

The veto is the power granted by the National Constitution to the President of the Nation to prevent a bill approved by both chambers of Congress from becoming law. This power can be exercised in a total manner, blocking the entire law, or partially, vetoing only certain provisions, while other parts of the bill can be enacted.

The veto is generally justified by the need to avoid laws that could negatively affect public finances, fundamental rights or institutional stability. For example, in the midst of the debate on the new pension mobility formula, the far-right president expressed his intention to “defend the fund by pure veto”, highlighting how this mechanism can be used to protect the fiscal interests of the State.

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What happens after the veto?

Once the President vetoes a law, the bill returns to Congress, where it can be reconsidered. However, to override the veto, both chambers must muster a qualified majority of two-thirds of the votes of the members present. If this is achieved, the bill is enacted and the presidential veto is nullified, forcing the executive to enact the law.

Despite significant support in the Chamber of Deputies, where the bill was approved with 162 votes in favor, the need for a two-thirds majority in both chambers to override the veto makes Senate intervention crucial. While it is possible for the Senate to achieve the necessary majority, the challenge is considerable.

Limitations and control of the veto

Not all laws are subject to veto. There are exceptional situations in which the Constitution prohibits the use of the veto, such as in the case of constitutional reforms or laws that require a special procedure for their approval.

Furthermore, although the veto is a powerful instrument, it is not exempt from scrutiny. The courts can review the constitutionality of a veto if it is argued that it affects fundamental rights or violates international treaties. This introduces an additional level of control over the decisions of the Executive Branch, ensuring that their exercise conforms to the principles of the rule of law.

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