ARGENTINA

On May 12, the Senate’s Constitutional Affairs and Health committees approved the bill on sanitary restrictions, which defines epidemiological zones and indicates which activities must be suspended in each category. The initiative was supported by Frente de Todos but rejected by Juntos por el Cambio.

The president of the Constitutional Affairs committee, María de los Ángeles Sacnun (FDT), said that the aim is to debate the text on the floor next week, where modifications could be agreed. “We do not want the Senate to be the one to delay the progress of a bill that will be a very important and indispensable tool to take care of the life and health of the Argentine people in this pandemic”, she said.

The legislators greeted the Minister of Health Carla Vizzotti and the Legal and Technical Secretary of the Presidency Vilma Ibarra, who presented the main outlines of the initiative. Their presentations focused mainly on the epidemiological situation of the country and the measures taken by the Government to fight coronavirus.

In this regard, Ibarra stated that “this bill incorporates a framework to make it clear that any measure adopted is governed by the Constitution”. She also stressed that “prior consultation is not prior agreement”, in reference to the wording of the bill which establishes that the Executive Branch may establish measures “prior consultation” with the provincial governments. “No agreement with the provinces is required,” she added.

The proposal of the Executive Branch distributes decision-making powers among the Government, governors and the head of government of the City of Buenos Aires. In this way, the powers of the Executive Branch are expanded, with prior consultation with the jurisdictional authorities, in places of high sanitary risk and epidemiological alarm.

Among these powers are the ability to suspend or extend prohibited activities throughout the country, to reduce or annul the suspension of on-site classes and to extend or reduce the deadline for closing borders, among others. In the meantime, the Chief of Cabinet could make exceptions to the virtuality in the workplace, extend or reduce restrictions on nighttime circulation and the use of public transportation. All these measures would be temporary and would be reviewed 21 days after being adopted.