Although it is commonplace in political discussion, the pendulum is the image which best explains the country’s decline. It takes many decades to prepare previous recipes and start over. Legally, there have been two government approaches: one that puts the market at the center, using a few relevant laws and complementing a process of regulatory deregulation; another that promotes major regulatory changes to expand the presence of the state as well as grandiose changes to substantive codes and laws to enforce new social values of coexistence.
The legislative proposals of the called May Pact is part of the Frontline tradition. They call for changes in seven areas that would lay the foundation for a new legal order: three of which will be discussed in extraordinary sessions (natural resources, tax and labor reform); the rest later (private property, budget balance and public spending, education and openness to international trade). There are two main regulatory obstacles to the responsible use of natural resources that are the result of a strong ideological bias: the Glacier Law, for an article that questions the exploitative capacity of high mountain mining projects, and the law that prevents the sale of land to foreigners. It is proposed to eliminate them: in one case by returning to each province the power to regulate the conditions for the extraction of mining resources, and in the other case by removing the restriction.
The proposed tax reform is temporary: the big change It involves updating the attributable amounts, which are nominal and not real, a device that would anchor an amnesty due to inflation, benefiting those who know how to default and wait. Other positive suggestions concern the standardization of limitation periods, the abolition of criminal payment law and the restriction of the activities of the debt collection agency in the event of culpable behavior and fraud.
The labor reform is ambitious, although it operates according to the outdated model from more than fifty years ago: it does not restore it, but it adapts it successfully. The most significant change is the narrowing of the definition of the employment relationship, particularly in the provision of services. Procedural changes are also being promoted to limit frivolous claims, such as limiting the presumption of gratuitousness and extinguishing the authority in the event of a lack of procedural dynamism. It attacks the litigation industry with two main restrictions: the adjustment of damages interest and the fees of experts and judicial assistants.
It promotes two profound changes at the core of the union model: limitation on the right to strike, which has led to serious legal conflicts, and the end of the ultra-activity of collective agreements, which puts an end to the quotas historically agreed between chambers and unions. Added to this is the abolition of the “solidarity quota”, which allowed the deduction of a contribution from workers in a sector even if they were not affiliated, and the priority of company, provincial or regional agreements over national ones.
This will be discussed in extraordinary meetings. Regarding the property private and although it should be a central theme for a model that promotes the dominance of the market, the contract neither appears nor is mentioned as the main instrument for the protection and transfer of property. The May Pact focuses on aspects that are not essential to the protection of this constitutional right: it deals with two exceptional institutions, such as expropriation and abnormal temporary occupation. Continue making useful procedural changes to speed up eviction processes. Nothing major and it’s definitely a topic that needs to be delved into.
There are efforts to give the ban on approving a budget the status of a law that is unbalanced or surplus, and any law that provides for expenditure without allocation of resources. Good Will: It is an inalienable power of Congress. It is reinforced by the introduction of a draconian criminal offense for public officials who act in this way; At the very least, immobility in decision-making is to be expected. It encourages provinces to support national efforts to achieve a balanced budget by either freezing or reducing spending. Anyone who is not part of the agreement loses the right to contributions from the state treasury.
The proposals for education are innovative. The law would be replaced nationally from four axes: education as an essential service; autonomy of public and private schools; Involvement of the family and control of the results by the state. Several positive topics, such as compulsory schooling from the age of 4 until the end of secondary school and the limits of the right to strike. Others are more controversial, such as the recognition of hybrid and home schooling. Changes in size that require in-depth work: it is a non-delegable obligation of the State, from Sarmiento to today.
The weakest chapter is the opening to international trade. It is not taken into account a global context of economies closing as the regime of international cooperation is shaken. The legal means chosen is to strengthen the intellectual property system, which consists of international treaties dating back to the 19th century and has been faltering since the advent of applied artificial intelligence. Winners and losers are already apparent. Some, like the national laboratories, deserved it because of their long history of hostility; In others, less so, for example in the country, which has to pay a license fee for the additional use of seeds.
Five drops of ink doesn’t change reality. Also like thatThe May Pact proposals are a step forward, especially the urgent reforms: taxes, work and adjustments for the responsible exploitation of natural resources. What is noteworthy is its exclusively ordered and organic approach, respecting a federal perspective that honors the Federal Pact of 1831. The rest deserve to be delved into, without losing sight of Sarmiento’s big, powerful idea, which brings together all the ideas in a simple proposal: education and pantry (material well-being).
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