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ARGENTINA
Senado (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso de la nación / National Congress
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Structure of parliament Bicameral
Chamber name (generic / translated) Senado / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
Affiliation to the IPU Yes
Affiliation date(s) 1954 - 1965
1973 - 1976
1984 -
LEADERSHIP
President Amado Boudou (M) 
Notes 10 Dec. 2011 -
Secretary General Juan H. Estrada (M) 
COMPOSITION
Members (statutory / current number) 72 / 72
PERCENTAGE OF WOMEN


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Women (current number) 28 (38.89%)
Mode of designation directly elected 72
Term 6 years; one-third of the membership is renewed every 2 years
Last renewal dates 23 October 2011
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CONTACT INFORMATION
Address H. Senado de la Nación
Calle Hipólito Yrigoyen 1835
CAPITAL FEDERAL
(Export mailing lists)
Phone (5411) 4010 3273
4010 3271
Fax (5411) 4010 3273
4010 5520
E-mail gservidi@senado.gov.ar
Website
http://www.senado.gov.ar

ELECTORAL SYSTEM

Parliament name (generic / translated) Congreso de la nación / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Senado / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
LEGAL FRAMEWORK
Electoral law 18 August 1983
Last amendment: 11/01/1995
Mode of designation directly elected 72
Constituencies 24 multi-member (3 seats) constituencies, corresponding to the country's 23 provinces and the Federal Capital (Buenos Aires).
Voting system Majority: Majority vote in one round, using party lists.
The list which obtains the highest percentage of votes in each constituency will be granted two seats, while the list with the second highest percentage of votes will take the remaining one seat.
Vacancies arising between general elections are filled by substitutes elected at the same time as titular members.
Voter requirements - age: 18 years
- Argentine citizenship (request for registration on electoral lists for naturalised citizens three years after acquiring citizenship); since 1997, Argentines living abroad can register to vote.
CANDIDATES
Eligibility - age: 30 years
- Argentine citizenship
- birth in province where running or residence there for at least 2 years preceding the elections
Incompatibilities - Government minister
- provincial governor
- Government minister
- provincial governor
- Persons excluded from the electoral registers as a result of legal provisions in force;
- Members of the armed forces;
- Members of the State security forces;
- Judges and permanent staff of the judicial branch;
- Directors or executives of companies that have a concession to provide services or public works for the State, provinces, Autonomous City of Buenos Aires, municipalities or self-sufficient or decentralized entities or of companies that deal in games of chance;
- Persons tried for genocide, crimes against humanity or war crimes, acts of unlawful repression that constitute grave human rights violations, torture, enforced disappearance of persons, abduction of children and other serious human rights violations or criminal behaviour provided for in the Rome Statute and falling within the purview of the International Criminal Court, for crimes committed between 24 March 1976 and 10 December 1983;
- Persons convicted of the crimes described above even in cases where the court ruling could not be executed.
Candidacy requirements - nomination by political party or coalition of parties

LAST ELECTIONS

Parliament name (generic / translated) Congreso de la nación / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Senado / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
BACKGROUND
Dates of election / renewal (from/to) 23 October 2011
Timing and scope of renewal Elections were held to renew one-third (24) of the seats in the Senate on the normal expiry of the members' term of office.
At stake in the 2011 elections were 130 of the 257 seats in the Chamber of Deputies and 24 of the 72 seats in the Senate. Parliamentary elections were held in parallel with presidential polls.

The previous elections held in June 2009 were the first to be held under President Cristina Fernández de Kirchner, the country's first elected woman President and wife of former President Néstor Kirchner. Following the elections, the Victory Front (FV), which supported the President, lost control of both chambers. It held 87 of the 257 seats in the Chamber of Deputies and 35 of the 72 seats in the Senate. The Radical Civic Union (UCR) and Federal Peronists, led by former President Eduardo Duhalde, held 43 and 29 seats respectively in the Chamber of Deputies. Other seats in both chambers went to small parties.

President Fernández de Kirchner pursued her husband's economic policy, which had pulled Argentina out of an economic crisis. Despite double-digit inflation, the country's economy remained strong (8 per-cent growth expected in 2011) and the unemployment rate was at a 20-year low (7.3 per cent in the second quarter).

In October 2010, former President Néstor Kirchner died of a heart attack, prompting a wave of sympathy for the incumbent President.

The media focused on the presidential elections, pushing the parliamentary elections to the back burner. The incumbent President's major challengers included Senator Ricardo Alfonsín (UCR), who led the Union for Social Development (UDESO) and Mr. Hermes Binner, former Governor of Santa Fe. The latter, who had become the first Socialist governor in Argentina in 2007, led the Broad Progressive Front (FAP, which comprised the Socialist Party).

President Fernández de Kirchner's FV ran on the government's record, underscoring the country's strong economic growth. The President pledged to work for greater social inclusion and justice. The FAP promised to give priority to providing all citizens with the necessary education throughout their life. UDESO promised to promote regional economies, strengthen federalism and provide a better education system.

The incumbent President, who, under the current Constitution, is barred from seeking a new term in the next presidential elections due in 2015, stated that she would not amend the Constitution in order to seek a new term. However, she hinted at possible constitutional reforms aimed at introducing a parliamentary system. Mr. Binner (FAP) argued that a parliamentary system was far more democratic and less risky than a presidential one. Civic Coalition presidential candidate Elisa Carrió opposed the idea of a parliamentary system, which, in her view, was aimed at securing the indefinite re-election of the incumbent President.

In all, 78.89 per cent of 28.9 million registered voters turned out at the polls.

The FV and its allies won 85 seats in the Chamber of Deputies, followed by the UCR and the FAP, which took 15 and 14 seats respectively. The FV and its allies regained control of both chambers, holding 134 seats in the Chamber of Deputies and 41 in the Senate. The UCR took 41 Chamber seats and 17 Senate seats while the FAP won 28 seats in the Chamber and four in the Senate.

In the presidential elections, Ms. Fernández de Kirchner (FV) was re-elected in the first round, winning nearly 54 per cent of the votes. Her closest rival, Mr. Binner, took 17 per cent of the votes.

On 10 December, the newly elected members took up their seats in Congress. The Chamber of Deputies elected Mr. Julián Andrés Domínguez (FV) as its new Speaker while the new Vice-President of the country, Mr. Amado Boudou, became the President of the Senate as stipulated by the Constitution.
STATISTICS
Voter turnout
Round no 123 October 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
28'867'162
78.89%

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Distribution of seats
Round no 1
Political Group Total of seats
Distribution of seats according to sex
Men

Women

Percent of women
15

9

37.50%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
IPU Group (15.12.2011)
http://www.elecciones2011.gov.ar

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso de la nación / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Senado / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
APPOINTMENT AND TERM OF OFFICE
Title President of the Senate
Term - duration: 4 years (coincides with the Vice-President mandate), may be reelected
- reasons for interruption of the term: resignation, dissolution of the Senate, death
Appointment - elected by Senators at the Presidential elections (he/she is the Vice-President of the country)
- after Members' mandates are validated and Members are sworn in
Eligibility any Member of the House may be candidate
Voting system - formal vote by public ballot (orally) in only one round
- absolute majority is required
Procedures / results - previous period authorities preside the Preparatory Session in order to elect the new authorities
- authorities in charge of the Preparatory Session supervise the voting
- the Parliamentary Secretary announces the results without any delay
- no challenge is possible
STATUS
Status - ranks second (as Vice-President of the country) in the hierarchy of State after the Head of State
- precedes the President of the Chamber of Deputies and presides over joint sittings of both Chambers
- represents the Senate with the public authorities or in official ceremonies
- may represent the Senate in international bodies and conferences
- in the absence of the President, the Provisional President and the 1st and 2nd Vice-Presidents assume his/her role and functions
Board
Material facilities - monthly allowance paid by Public Treasure, as other Senators or Deputies
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda throughout the Parliamentary Affairs Plenary
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Senate
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates
- interprets the rules of other regulations governing the life of the Senate
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - is responsible for establishing the Senate's budget
- recruits, assigns and promotes staff
- appoints the Clerk
- organizes only certain services of the Senate

Others powers :
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes the floor in legislative debates
- provides guidelines for the interpretation or completion of the text under discussion
- proposes bills or amendments, only as Senator
- intervenes in the parliamentary oversight procedure
- refers laws to the Executive Power to be promulgated
- ensures the constitutionality of laws by checking and controlling the fulfillment of its provisions
- may be consulted in certain circumstances

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Congreso de la nación / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Senado / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
NATURE
Nature of the mandate · Free representation
Start of the mandate · When the senators take the oath (Art. 67 of the Constitution of 22.08.1994). Procedure (Art. 67 of the Constitution of 22.08.1994, Rules 5 and 6 of the Rules of Procedure of the Senate).
Validation of mandates · Validation by the Senate (Art. 64 of the Constitution)
· Procedure (Art. 64 of the Constitution, Rules 2 to 4 of the Rules of Procedure of the Senate)
End of the mandate · On the day when the legal term of the House ends (Art. 56 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will (see also Art. 62 of the Constitution)
· Procedure (Art. 66 of the Constitution)
· Authority competent to accept the resignation: the Senate
Can MPs lose their mandate ? Yes Definitive exclusion from Parliament by the latter (Art. 66 of the Constitution):
- Physical or moral disability
- Expulsion
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The members of the Board
3. The other senators
Indemnities, facilities and services · No diplomatic passport
· Basic salary (see Art. 74 of the Constitution, see also Rule 7 (2) of the Rules of Procedure of the Senate)
+ Additional allowance
· Exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants (see also Rule 216 of the Rules of Procedure of the Senate)
(c) Official housing
(d) Official car
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 68 of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by senators in the exercise of their functions both within and outside Parliament.
· Derogations: offence or insult (Rule 194, 197, and 200 to 203 of the Rules of Procedure of the Senate; see Discipline)
· Non-accountability takes effect on the day when the mandate begins.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 69 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects senators from arrest and from being held in preventive custody, and from the execution of a judgement providing for the detention of a senator. It does not protect them from the opening of judicial proceedings against them and from their homes being searched (Decision of the Supreme Court of Justice of the Nation (case of the senator Nicasio Oroño, Fallos, Vol. 14, p. 223). However, a senator can be suspended from Parliament in case of a written charge presented before the ordinary courts (Art. 70 of the Constitution).
· Derogations: in cases of flagrante delicto, when caught in the commission of a capital or other infamous or grave crime, senators can be arrested. A summary report of the facts shall be made to the Senate (Art. 69 of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against senators before their election.
· Parliamentary immunity (inviolability) can be lifted :
- Competent authority: the Senate
EXERCISE OF THE MANDATE
Training
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings. But see Rule 192 of the Rules of Procedure of the Senate. For leave of absence, see Rules 26 and 27 of the Rules of Procedure of the Senate.
· Penalties foreseen in case of absence (Art. 64 of the Constitution):
- Loss of salary (Rule 27 (1) of the Rules of Procedure of the Senate)
- Fines, use of force (Rule 29 of the Rules of Procedure of the Senate)
- Other measures (Rule 30 of the Rules of Procedure of the Senate)
Body competent to judge such case :
- Fines, use of force, other measures: the Senate
Discipline · The rules governing discipline within Parliament are contained in Art. 66 of the Constitution, and Rules 33, No. 3, 194, 197, 198, and 200 to 203 of the Rules of Procedure of the Senate.
· Disciplinary measures foreseen:
- Interruption (Rule 197 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rules 197 and 198 of the Rules of Procedure of the Senate)
- Call to order (Rules 197, 200, and 201 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting (Rule 202 of the Rules of Procedure of the Senate)
- Other measures (Art. 66 of the Constitution, Rule 203 of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rule 194, 197, and 200 to 203 of the Rules of Procedure of the Senate): interruption, call to order, prohibition to speak for the rest of the sitting, other measures
· Competent body to judge such cases/to impose penalties (Rule 33, No. 3 of the Rules of Procedure of the Senate):
- Interruption, offence or insult: the President
- Warning for irrelevance, call to order, offence or insult: the President, the Senate
- Prohibition to speak for the rest of the sitting, other measures, offence or insult: the Senate
· Procedure:
- Interruption, warning for irrelevance, call to order, offence or insult (Rule 197, 198, and 200 to 201 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting, offence of insult (Rule 202 of the Rules of Procedure of the Senate)
- Other measures, offence or insult (Art. 66 of the Constitution, Rule 203 of the Rules of Procedure of the Senate)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there is one relevant provision (Art. 66 of the Constitution). See also Parliamentary inviolability - suspension of an MP.
· Competent body to judge such cases/to impose penalties: the Senate

Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 19 December 2011
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