President of Argentina

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President of the
Argentine Republic
Presidente de la República Argentina
Standard of the President of Argentina Afloat.svg
Presidential Standard
Presidente Macri en el Sillon de Rivadavia (cropped).jpg
Incumbent
Mauricio Macri

since December 10, 2015
Style Excelentísimo Señor (m) Excelentísima Señora (f)
Residence Casa Rosada (government office)
Quinta de Olivos (official residence)
Chapadmalal (summer house)
Appointer Direct popular election
Term length Four years, immediate re-election once
(No term limits)
Inaugural holder Bernardino Rivadavia
Formationfirst: 1826 Constitution
current: 1853 Constitution, (amended in 1994).
Deputy Vice President of Argentina
Salary ARS 208,000/month (as of August 2017) [1]
Website Casa Rosada Argentina
Coat of arms of Argentina.svg
This article is part of a series on the
politics and government of
Argentina
Flag of Argentina.svg Argentinaportal

The President of Argentina (Spanish : Presidente de Argentina), officially known as the President of the Argentine Republic (Spanish : Presidente de la República Argentina), is both head of state and head of government of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.

Spanish language Romance language

Spanish or Castilian, is a Western Romance language that originated in the Castile region of Spain and today has hundreds of millions of native speakers in the Americas and Spain. It is a global language and the world's second-most spoken native language, after Mandarin Chinese.

A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.

A head of government is a generic term used for either the highest or second highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, who often presides over a cabinet, a group of ministers or secretaries who lead executive departments. The term "head of government" is often differentiated from the term "head of state", as they may be separate positions, individuals, or roles depending on the country.

Contents

Through Argentine history, the office of the Head of State has undergone many changes, both in its title as in its features and powers. Current President Mauricio Macri was sworn into office on December 10, 2015. [2] The Constitution of Argentina, along with several constitutional amendments, establishes the requirements, powers, and responsibilities of the president and term of office and the method of election.

Mauricio Macri Argentine politician and President of Argentina

Mauricio Macri is the current President of Argentina and has been in office since 2015. A former civil engineer, Macri won the first presidential runoff ballotage in Argentina's history and is the first democratically-elected non-Radical or Peronist president since 1916. He was chief of government of Buenos Aires from 2007 to 2015, and represented the city in the lower house of the Congress of Argentina from 2005 to 2007. The reintegration of Argentina into the international community is central to Macri's agenda.

Constitution of Argentina

The Constitution of Argentina is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957, and the current version is the reformed text of 1994.

History

The origins of Argentina as a nation can be traced to 1776, when it was separated by the Spanish King from the existing Viceroyalty of Peru, creating the new Viceroyalty of the Río de la Plata. The Head of State continued to be the King, but he was represented locally by the Viceroy. These Viceroys were seldom natives of the country.

Charles III of Spain King of Spain and the Spanish Indies from 1759 to 1788

Charles III was King of Spain (1759–1788), after ruling Naples as Charles VII and Sicily as Charles V (1734–1759). He was the fifth son of Philip V of Spain, and the eldest son of Philip's second wife, Elisabeth Farnese. A proponent of enlightened absolutism, he succeeded to the Spanish throne on 10 August 1759, upon the death of his half-brother Ferdinand VI, who left no heirs.

Viceroyalty of Peru viceroyalty of the Spanish Empire

The Viceroyalty of Peru was a Spanish imperial provincial administrative district, created in 1542, that originally contained modern-day Peru and most of Spanish-ruled South America, governed from the capital of Lima. The Viceroyalty of Peru was one of the two Spanish Viceroyalties in the Americas from the sixteenth to the eighteenth centuries.

Viceroyalty of the Río de la Plata Viceroyalty of the Spanish Empire in America

The Viceroyalty of the Río de la Plata was the last to be organized and also the shortest-lived of the Viceroyalties of the Spanish Empire in America.

By the May Revolution of May 25, 1810, the first Argentine autonomous government, known as the Primera Junta , was formed in Buenos Aires. It was later known as the Junta Grande when representatives from the provinces joined. These early attempts at self-government were succeeded by two Triumvirates and, although the first juntas had presidents, the King of Spain was still regarded as Head of State (as independence had not yet been declared), and the executive power was still not in the hands of a single person.

May Revolution 1810 revolution in Buenos Aires

The May Revolution was a week-long series of events that took place from May 18 to 25, 1810, in Buenos Aires, capital of the Viceroyalty of the Río de la Plata. This Spanish colony included roughly the territories of present-day Argentina, Bolivia, Paraguay, Uruguay, and parts of Brazil. The result was the removal of Viceroy Baltasar Hidalgo de Cisneros and the establishment of a local government, the Primera Junta, on May 25. It was the first successful revolution in the South American Independence process.

Primera Junta first independent government of Argentina

The Primera Junta or First Assembly is the most common name given to the first independent government of Argentina. It was created on 25 May 1810, as a result of the events of the May Revolution. The Junta initially had representatives from only Buenos Aires. When it was expanded, as expected, with the addition of the representatives from the other cities of the Viceroyalty of the Río de la Plata, it became popularly known instead as the Junta Grande. The Junta operated at El Fuerte, which had been used since 1776 as a residence by the Viceroys.

Buenos Aires Place in Argentina

Buenos Aires is the capital and largest city of Argentina. The city is located on the western shore of the estuary of the Río de la Plata, on the South American continent's southeastern coast. "Buenos Aires" can be translated as "fair winds" or "good airs", but the former was the meaning intended by the founders in the 16th century, by the use of the original name "Real de Nuestra Señora Santa María del Buen Ayre". The Greater Buenos Aires conurbation, which also includes several Buenos Aires Province districts, constitutes the fourth-most populous metropolitan area in the Americas, with a population of around 14 million.

Bernardino Rivadavia, the first president of the Argentine Republic Bernardino Rivadavia 2.jpg
Bernardino Rivadavia, the first president of the Argentine Republic

This power was vested in one man when the position of Supreme Director was created by the 1813 National Assembly. The Supreme Directors became Heads of State after Independence was declared on 9 July 1816, but there was not yet truly a presidential system.

The Supreme Director of the United Provinces of the Río de la Plata was a title given to the executive officers of the United Provinces of the Río de la Plata according to the form of government established in 1814 by the Asamblea del Año XIII. The supreme director was to wield power for a term of two years.

Argentine Declaration of Independence Historical procalamation

What today is commonly referred as the Independence of Argentina was declared on July 9, 1816 by the Congress of Tucumán. In reality, the congressmen who were assembled in Tucumán declared the independence of the United Provinces of South America, which is still today one of the legal names of the Argentine Republic. The Federal League Provinces, at war with the United Provinces, were not allowed into the Congress. At the same time, several provinces from the Upper Peru that would later become part of present-day Bolivia, were represented at the Congress.

Presidential system form of government

A presidential system is a democratic and republican system of government where a head of government leads an executive branch that is separate from the legislative branch. This head of government is in most cases also the head of state, which is called president.

In 1816, Congress declared Independence[ clarification needed ] and composed a Constitution. This established an executive figure, named Supreme Director, who was vested with presidential powers. This constitution gave the Supreme Director the power of appointing Governors of the provinces. Due to political circumstances, this constitution never came into force, and the central power was dissolved, leaving the country as a federation of provinces.

A governor is, in most cases, a public official with the power to govern the executive branch of a non-sovereign or sub-national level of government, ranking under the head of state. In federations, governor may be the title of a politician who governs a constituent state and may be either appointed or elected. The power of the individual governor can vary dramatically between political systems, with some governors having only nominal or largely ceremonial power, while others having a complete control over the entire government.

A province is almost always an administrative division within a country or state. The term derives from the ancient Roman provincia, which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term province has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city".

A new constitution was drafted in 1826. This constitution was the first to create a President, although this office retained the powers described in the 1816 constitution. This constitution did come into force, resulting in the election of the first President, Bernardino Rivadavia. Because of the Cisplatine War, Rivadavia resigned after a short time, and the office was dissolved shortly after.

A civil war between unitarios (unitarians, i.e. Buenos Aires centralists) and federalists ensued in the following decades. In this time, there was no central authority, and the closest to that was the Chairman of Foreign Relations, typically the Governor of the Province of Buenos Aires. The last to bear this title was Juan Manuel de Rosas, who in the last years of his governorship was elected Supreme Chief of the Confederation, gaining effective rule of the rest of the country.

In 1852, Rosas was deposed, and a constitutional convention was summoned. This constitution, still in force, established a national federal government, with the office of the President. The term was fixed as six years, with no possibility of reelection. The first elected President under the constitution was Justo José de Urquiza, but Buenos Aires seceded from the Argentine Confederation as the State of Buenos Aires. Bartolomé Mitre was the first president of the unified country, when Buenos Aires rejoined the Confederation. Thus, Rivadavia, Urquiza, and Mitre are considered the first presidents of Argentina by different historians: Rivadavia for being the first one to use the title, Urquiza for being the first one to rule under the 1853 constitution, and Mitre for being the first president of Argentina under its current national limits. [3]

In 1930, 1943, 1955, 1962, 1966, and 1976, military coups deposed elected Presidents. In 1966 and 1976, the federal government was undertaken by a military junta, where power was shared by the chiefs of the armed forces. In 1962, the President of the Senate ruled, but in the other cases, a military chief assumed the title of President.

It is debatable whether these military presidents can properly be called Presidents, as there are issues with the legitimacy of their governments. The position of the current Argentine government is that military Presidents Jorge Rafael Videla and Leopoldo Fortunato Galtieri were explicitly not legitimate presidents. They and their immediate successors were denied the right to a presidential pension after the conclusion of their terms. The status of earlier military presidents, however, remains more uncertain.

Powers and duties

The President of the Nation has the following powers:

Features of the office

Requirements

Section 90 of the Argentine Constitution establishes the requirements for becoming President. The President must be a natural-born citizen of the country, or have been born to an Argentine citizen if born abroad. The President must also be at least 30 years old. In addition, all the requirements for becoming a Senator apply.

Sections 94 to 98 detail the electoral requirements. A two-round system is used (Section 94). In order to win the election in the first round, the winning candidate's party must receive either more than 45 percent of so-called "votos positivos" (Section 97) or at least 40 percent of "votos positivos"and be more than 10 percentage points ahead of the next most-voted candidate (Section 98). "Votos positivos" (positive votes) are the votes validly cast for any of the candidates, leaving out of the count blank and spoil votes.

If no candidate obtains the necessary votes to win in the first round, then the two candidates with the most votes compete in the second round, held two weeks later, when the candidate with the most votes in that round is elected president.

Term duration

Under the 1994 constitutional amendment, the President serves for four years, with a possibility of immediate reelection for one more term. However, unlike the President of the United States, in Argentina, a person may be reelected again after serving for two terms and staying out of office for the following term. So after serving for two consecutive periods, the president is not allowed to run for a third consecutive one, but may return for the two following elections and so on. There is no limit for a person to be a candidate if he or she does not win the elections.

Also, a person being vice-president for two consecutive periods, or president and then vice-president, or vice-president and then president, is under the same restrictions mentioned above.

Under the constitution of 1853, the President served for six years, with no possibility of consecutive reelection. In 1949, the constitution was amended to allow the president to run for an unlimited number of six-year terms. This provision was repealed in 1957. After the 1966 military coup, the rulers shortened the presidential term to four years, but there was a period of political instability during these terms, which had led to the situation that they were never completed.

Prior to the 1994 constitutional reform, the President and Vice President were required to be Roman Catholics. This stipulation was abolished in 1994.

Compensation and privileges of office

Presidential styles of
Mauricio Macri
Standard of the President of Argentina Afloat.svg
Reference style Excelentísimo Señor Presidente de la Nación
"His Most Excellent Mister President of the Nation"
Spoken stylePresidente de la Nación
"President of the Nation"
Alternative styleSeñor Presidente
"Mister President"

As of 2015, The President and Vice President enjoy a salary paid by the National Treasury, which can not be altered during the period of their appointment. During the same period they may not hold any other office nor receive any other emolument from the Nation or from any province. The president's salary is $131,421 Argentine pesos per month. [6]

The Casa Rosada in Buenos Aires is the official workplace of the President and the Quinta de Olivos their official residence; he or she is entitled to use its staff and facilities. It has a summer residence in the town of Chapadmalal, in the Buenos Aires Province, which is called the Presidential Unit Chapadmalal. The Presidential Guard is responsible for the security of the entire presidential family.

To move the president uses aircraft that are part of the Presidential Air Group:

The main aircraft is a Boeing 757 known as Tango 01 after its military registry: "T-01" (the "T" stands for "Transport", although it is fortuitously pronounced "Tango", as in the Argentine national dance, in the NATO alphabet). The 757 entered in service in 1995 replacing the former T-01, a Boeing 707. The aircraft is nicknamed Virgen de Luján after Argentina's patron saint. The Tango 01 757 has been an object of political contention for the last decade (and a political campaign hot-topic during the 1999 Presidential election), with many politicians and media commentators[ who? ] denouncing this aircraft as an unnecessary and expensive luxury prone to abuse by presidents, their families, friends and political allies.[ citation needed ]

The current Presidential fleet also includes two Fokker F28 (T-02 and T-03) (one always in service) and Learjet 60 (T-10). The Learjet is also used by the Air Force Chief of Staff.

As helicopters, a Sikorsky S-70 (H-01 pic ) and two Sikorsky S-76 (H-02 pic and H-03 pic ) also make-up the fleet, with an additional Air Force Bell 212, as needed. During Néstor Kirchner and Cristina Fernández administration AAP used different aircraft for their global flights, most notably Boeing 747 loaned from Aerolíneas Argentinas and a private Bombardier Global 5000 [7]

De facto governments

Following military coups that overthrew the constitutional government were de facto military presidents in 1930–1932, 1943–1946, 1955–1958, 1966–1973 and 1976–1983 that brought in addition to the powers of the president also corresponding to Congress. The subsequent analysis of the validity of their actions led to the subsequent formulation of the doctrine of de facto governments.

That doctrine was nullified by the constitutional reform of 1994, which added Article 36 (see below).

Article 29 of the Constitution of 1853 had an article that considered the usurpation of public power as 'treason', but was referred to the de jure rulers. For this reason the constitutional reform of 1994 included Article 36 which says: [8]

"Article 36. This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably null.
"Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences.
"Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription.
"All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section.
"He who, procuring personal enrichment, incurs in serious fraudulent offence against the Nation shall also attempt against the democratic system, and shall be disqualified to hold public office for the term specified by law.
"Congress shall enact a law on public ethics which shall rule the exercise of public office."

In summary, the article states:

Line of succession

Vice-President

The office of Vice-President was established by the 1853 Constitution for the purpose of providing a succession in case the President is unable to complete their term. The Argentine Constitution (art. 88) entitles the Vice-President to exercise the role and duties of the President, both in the case of a temporary absence and in the case of a permanent absence due to health reasons, death, resignation or removal.

Further succession

In the absence of both the President and the Vice-President, the succession is regulated by the Law 20,972 ("Acephaly Law"). It provides that the Executive Power must be temporarily exercised (without assuming the title of President) by the provisional President of the Senate; in his absence, by the President of the Chamber of Deputies; and in the absence of both, by the President of the Supreme Court.

In case of the permanent absence of both the President and the Vice-President, due to resignation, death, or removal, the Constitution (art. 88) entitles the National Congress Assembled to select a new President from among the current Senators, Deputies and Governors, within the following two days of the death or resignation of the former President, and to provide him or her with a mandate to call for elections.

Living former presidents

Facts

See also

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References

  1. Iván Ruiz and Maia Jastreblansky (17 May 2017). "Por la paritaria estatal, el sueldo de Macri pasará a ser de $ 208.000". La Nación (in Spanish). Retrieved 20 September 2018.
  2. "Buenos Aires mayor favored in Argentina's presidential election". latimes.com. Retrieved 2015-11-23.
  3. Mendelevich, p. 24
  4. http://www.gva.be/cnt/dmf20180126_03324113/ze-noemen-ons-sneeuwwitje-en-de-zeven-dwergen
  5. https://www.rtl.be/people/royautes/voici-la-nouvelle-filleule-de-la-reine-mathilde-photos--909068.aspx
  6. http://www.perfil.com/politica/el-sueldo-de-mauricio-macri-aumento-un-30-0211-0067.phtml
  7. Cristina voló a Seúl en jet privado, los ministros en vuelo de línea (in Spanish)
  8. biblioteca.jus.gov.ar (.pdf file)

Bibliography