In particular, the decree, which was enacted to enhance the integrity and transparency of the government, prohibits the appointment, in any form, to any position in the national public sector (Sector Público Nacional) of persons related to the president, vice president, head of the Cabinet of Ministers (Gabinete de Ministros), ministers and other officials in the rank and hierarchy of a minister, including spouses and cohabitants. An exception is made for persons appointed through process
The structure of the national public sector, according to the annex to the decree, includes, inter alia, the central administration, decentralized bodies, including public insurance institutions, public entities, which include public enterprises, public companies, public limited liability companies with majority State participation, mixed economic companies and any other commercial entities in which the State holds a controlling interest or participates.
Persons who, at the time of the adoption of the decree, are filling positions in violation of these requirements were to be relieved of them by February 28, 2018.
Despite the fact that as a result of the decree, some officials related to top officials did leave their posts, experts note the low real effectiveness of the legal act, calling it only a PR tool of the current president Mauricio Macri. Thus, by the end of March, only 12 relatives of top officials were affected by the decree's provisions; about 7 more cases were not resolved; earlier, the Minister of Modernization Andrés Ibarra noted that the number of relatives of top officials who were not allowed to leave their posts in violation of the decree's provisions had been reduced to 1,000.
The main criticized shortcoming of the decree is that the range of persons to whom it applies is too narrow.Thus, the ban does not cover all relatives, for example, positions can still be held by cousins, uncles and aunts.In addition, the ban applies only to relatives of ministers and does not cover the entire political establishment (secretaries, deputies and heads of the central administration).This fact practically negates the real fight against nepotism and nepotism in public bodies.Thus, 1.5 months after the arrival of the
A year ago, on March 22, 2017, the country adopted two more decrees aimed at regulating conflicts of interest in the public sector. The first one(Decreto 201/2017), among other things, established the need to disclose information on the existence of ties (kinship, close friendship, creditor/debtor relationship, etc.) with the president, vice president, ministers or similar high-ranking government officials to litigants, the second one(Decreto 202/2017) - to procurement participants.