National Constitution
Temporary Provisions

First.- The Argentine Nation ratifies its legitimate and non-prescribing sovereignty over the Malvinas, Georgias del Sur and Sandwich del Sur Islands and over the corresponding maritime and insular zones, as they are an integral part of the National territory.

The recovery of said territories and the full exercise of sovereignty, respectful of the way of life of their inhabitants and according to the principles of international law, are a permanent and unrelinquished goal of the Argentine people.

Second.- Positive actions referred to in the last paragraph of Section 37 shall not comprise less guarantees than those in force at the time this Constitution was approved, and their duration shall be determined by law.
(Referring to Section 37)

Third.- The law regulating the exercise of the popular initiative shall be approved within eighteen months of this enactment.
(Referring to Section 39)

Fourth.- The present members of the Senate of the Nation shall hold office until the expiration of their respective terms.

At the time of the renewal of one third of the Senate in nineteen ninety-five, due to the expiration of the terms of all the senators elected in nineteen eighty-six, a third senator shall be designated for the constituency of each Legislature. The group of senators for each constituency shall be composed, as far as possible, in such a way that two seats belong to that political party or electoral alliance with the largest number of members in the Legislature, and the third seat to that political party or electoral alliance following in number of members. In case of equality of votes, that political party or electoral alliance having obtained the largest number of votes in the immediately previous election of the provincial legislature shall prevail.

The election of senators who replace those whose terms expire in nineteen ninety-eight, as well as the election of whoever replaces any one of the present senators in case of application of Section 62, shall be carried out by these same rules of election. However, the political party or electoral alliance having the largest number of members in the Legislature at the time of the election of senator shall have the right to have its candidate elected, with the sole limitation that the three senators do no belong to the same political party or electoral alliance.

These rules shall also be applicable to the election of senators for the City of Buenos Aires, in nineteen ninety-five by the electoral body, and in nineteen ninety-eight by the legislative organ of the City.

The election of all the senators referred to in this provision shall be carried out within a period neither shorter than sixty nor longer than ninety days as from the date the senator must take office.

In all cases, the candidates for senators shall be proposed by the political parties or electoral alliances. The fulfillment of the legal and statutory requirements to be declared candidate shall be certified by the National Electoral Court and reported to the Legislature.

Whenever a national senator is elected a deputy senator shall be designated, who shall take office in the cases foreseen in Section 62.

The senators elected due to the application of this temporary provision shall hold office until December nine, two thousand and one.
(Referring to Section 54)

Fifth.- All the members of the Senate shall be elected as indicated in section 54 within the term of two months previous to December ten, two thousand and one, drawing lots, after they have all met, to decide who shall leave in the first and second biennium.
(Referring to Section 56)

Sixth.- A system of joint participation according to Section 75, subsection 2, and the regulations of the Federal Fiscal entity, shall be stated before the end of the year 1996; the distribution of jurisdiction, services and functions in force at the time of the enactment of this amendment, shall not be modified without the approval of the interested province; nor shall the distribution of resources in force at the time of the enactment of this amendment be modified to the detriment of the provinces, and in both cases until the aforementioned system of joint participation is stated.

This provision shall not affect pending administrative or judicial claims originated in differences about the distribution of jurisdiction, services, functions or resources between the Nation and the provinces.
(Referring to Section 75, subsection 2)

Seventh.- Congress shall exercise in the City of Buenos Aires, insofar as it is the Capital of the Nation, the legislative powers which it holds according to Section 129.
(Referring to Section 75, subsection 30)

Eighth.- The preexisting delegated legislation with no specified term for its application shall expire after this provision had been in force for five years, except for that legislation expressly ratified by the National Congress through a new law.
(Referring to Section 76)

Ninth.- The tenure of the president holding office at the time of the enactment of this reform shall be considered the first term.
(Referring to Section 90)

Tenth.- The tenure of office of the President of the Nation who shall be inaugurated on July 8, 1995 shall expire on December 10, 1999.
(Referring to Section 90)

Eleventh.- The expiration of the appointments and the limited duration foreseen in Section 99, subsection 4, shall become effective five years after the enactment of this constitutional reform.
(Referring to Section 99, subsection 4)

Twelfth.- The provisions established in Section 100 and 101, Chapter IV, Second Division, Second Part of this Constitution about the Chief of the Ministerial Cabinet shall become effective on July 8, 1995.

The Chief of the Ministerial Cabinet shall be appointed for the first time on July 8, 1995; until then his powers shall be exercised by the President of the Republic.
(Referring to Sections 99 subsection 7; 100 and 101)

Thirteenth.- Three hundred and sixty days after this reform becomes effective the judges of the lower courts shall only be appointed according to this Constitution. Until then the previous system shall be applied.
(Referring to Section 114)

Fourteenth.- Causes pending before the House of Deputies at the time of the creation of the Council of the Magistracy shall be referred to the latter for the purposes of Section 114, subsection 5. Those introduced before the Senate shall continue therein until their conclusion.
(Referring to Section 115)

Fifteenth.- Until the powers arising from the new regime of autonomy of the City of Buenos Aires are to be established, Congress shall exercise exclusive legislation over its territory, in the same terms applied until the enactment of this Constitution.

The head of the government shall be elected during the year nineteen ninety-five.

The law foreseen in Section 129, paragraphs second and third, shall be enacted within the term of two hundred and seventy days as from the approval of this Constitution.

Until the issue of the Organizing Statute, the appointment and removal of the judges of the City of Buenos Aires shall be ruled according to Sections 114 and 115 of this Constitution.
(Referring to Section 129)

Sixteenth.- This reform shall become effective the day after its publication. The members of the Constituent Assembly, the President of the Argentine Nation, the Presidents of the Legislative Houses, and the Chief Justice of the Supreme Court shall take oath in a single act on August 24, 1994, at the Palacio San José, Concepción del Uruguay, province of Entre Ríos.

Each power of the State and of the provincial and municipal authorities shall provide the necessary measures so that their members and officers swear this Constitution.

Seventeenth.- The final constitutional text, which has been enacted by this Constituent Assembly, replaces the text heretofore enforced.

Approved in the Hall of Sessions of the National Constituent Assembly, in the city of Santa Fe, on the twenty-second day of August of the year nineteen ninety-four.

Dr. Eduardo Menem

President of the National

Constituent Assembly

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