Abstract

TREACY, Guillermo F.. The Insertion of Independent Administrative Authorities in Argentine Public Law: Some Constitutional Issues. Rev. Fac. Der. [online]. 2020, n.48, e108.  Epub June 01, 2020. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n48a8.

The purpose of this article is to analyze whether it is possible to establish in Argentine Public Law what comparative doctrine calls “independent administrative authorities”. For this, it must be recalled that one of the main ideas of the constitutional reform of 1994 was the attenuation of presidentialism. We examine the notion of independence with which these authorities are usually characterized,and their relationship to other entities of the decentralized public administration; we also explore the arguments that question their legitimacy from the perspective of the responsibility of the Executive Power on the functioning of the Administration. We analyze the possible constitutional framework of this type of entities, observing that there are already some entities of these characteristics in Argentina. It is concluded that they can be considered counter-majority institutions, created by law, that can serve as a counterweight ―under certain conditions― to the Executive Power and that can be accommodated within the framework of the Argentine Constitution.

Keywords : Independent Administrative Authorities; Separation of Powers; Executive Power; Decentralized Administration; Political Responsibility of the President.

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