The decrees of necessity and urgency in the province of Río Negro during the period 1995-1999: A case study in argentine provincial public law

Abstract

This work focuses on analyzing the Decrees of Necessity and Urgency (DNU) as an emergency constitutional instrument in the Province of Río Negro, since national doctrine and jurisprudence has considered it, based on considering the legal world as a complex phenomenon that is made up of three dimensions, normological, sociological and dikelogical. Both in the national Constitution, in article 99 paragraph 3, and in the Rio Negro text, article 181inc. 6, with the expression “cases of necessity, urgency and serious threat to public powers”, refers to the governor's power to issue DNU. The word public emergency is not used in the constitutional text of Río Negro, nor in article 99 inc.3 of the National Constitution, since it refers to circumstances of need and urgency. The analysis covers the period starting in 1995, because since that year they began to be available digitally on the legislature's portal and in the Official Gazette of the province. The province of Río Negro is taken as a spatial cut because, after Salta, it was the second to incorporate these emergency institutes in its constitution, six years before the DNU were constitutionalized at the national level. The DNU issued by Governor Verani between 1995 and 1999, corresponding to his first government mandate, will be analyzed.