The Bill of Bases and Starting Points for the Freedom of Argentines (the “Bill”), in its articles 1 and 2, outlines both its goals and the means for their realization, which results into a series of principles that the Administration must follow in its actions.
Below we will review both, the goals and the principles.
The Goals of the Bill
In its article 1, the Bill establishes that its goal are (i) to promote private initiative, and (ii) the development of industry and commerce.
Likewise, and aiming to such an achievement, it provides for a legal regime that (a) ensures the benefits of freedom for all inhabitants of the Nation and (b) limits all state intervention that is not necessary to ensure constitutional rights.
The Principles of the Bill
Article 2 establishes the following principles and purposes:
- The promotion of the fundamental right to individual freedom, understood as the right of the inhabitants of the Nation to exercise their freedoms without undue interference of the State.
- The protection of the inhabitants and their private property. In this sense, the Bill makes explicit the obligation of the State: (i) to guarantee the security of people and their property, (ii) to promote an environment conducive to investment and entrepreneurship. (iii) The obligation to guarantee the freedom of the Nation’s inhabitants to travel on all public roads and their protection against all types of insecurity.
- Deepening the freedom of markets: by (i) promoting the spontaneous interaction of supply and demand as a way of organizing and reactivating the economy, (ii) facilitating the proper performance of markets and internal and external trade, (iii) promoting market deregulation and (iv) regulatory simplification.
- Economic, social and cultural rights of the inhabitants: they must be attended by the National Government, (i) in coordination with the obligations that correspond to the Provinces and the Autonomous City of Buenos Aires for this purpose. To this end, the Bill establishes that (ii) the maximum of available resources and/or those obtained through international cooperation will be applied. However, (iii) to address each right, the other rights of the inhabitants must be generally assessed, in order to pursue the common good.
- Reconsideration of the functions of the State: in light of the advances and expansion that they have had on the freedom of people and companies, the Bill establishes that efforts should be made to ensure that State action concentrates on those essential sectors for the society, and in such cases its efficiency must be maximized.
- Rational and sustainable organization of the national Public Administration: in a way that guarantees: (i) quality administrative action, (ii) respectful of human dignity, (iii) acting under criteria of objectivity, transparency, professionalism, efficiency and effectiveness, (iv) that provides a service to the community and citizens, satisfying the requirements of society. (v) The same principle must apply to state-owned companies and societies, which must govern their actions according to parameters of efficiency, effectiveness, transparency and good governance in commercial management.
- Exercise of legislative and regulatory power: (i) subject to the principles of public interest, necessity, efficiency, effectiveness, proportionality, legal certainty, citizen participation and transparency. (ii) Any restriction of rights and imposition of obligations must be avoided and, when appropriate, should be specially justified, (iii) opting for the measure less restrictive of rights. Likewise, (iv) the Administration must periodically evaluate the effects and results obtained.
- The Bill also aims to create, promote and develop private productive employment, with the inclusion of those who face greater difficulties in finding employment, the protection of unemployed workers and the regularization of existing labor relations.
Quality Regulatory Policy
In line with article 2, paragraph g), the Chapter III of Title II on Administrative Reorganization establishes both the Regulatory Quality Policy in general (article 12), as well as the specific guidelines to which the regulatory activity of the State should follow (articles 13 to 15).
Although some of these Guidelines are already in an advanced state of implementation while others involve a novelty to which state actions must be subject, in all cases they aim for austerity and regulatory efficiency, clearly in line with the principles of economy, simplicity and effectiveness of the Administrative Proceeding Law and its regulations, although adding an obligation of efficiency at the head of the State, through the prevention of superfluous regulations, either due to the absence of need of a regulation or, if it is necessary, to ensure that satisfies the need that motivates it with the least effort for the administered.
In view of this goal, the Regulatory Quality Policy aims to achieve: (i) simplification of procedures, (ii) their digitalization, (iii) administrative debureaucratization, (iv) promoting transparency, (v) due administrative process, (vi) the alleviation of administrative burdens and costs and (vii) regulatory efficiency; all of which aim to increase the competitiveness of the markets, encourage job creation, contribute to raising the standard of living of citizens and the reduction of poverty rates.
Among other initiatives, the Bill proposes (a) the creation of the Single Place for Petition Filing to the National Public Administration, (b) the generalization of remote procedures, (c) a regulatory impact assessment to evaluate the economic, social, environmental, in public health and in safety effects to occur, to maximize benefits and reducing risks and effects over time, (d) that all current and future records must be digital, easily accessible and governed by the principle of gratuity.
