On August 22, 1994, after three months of deliberations in the cities of Santa Fe and Paraná, the reform of 43 articles was finally approved in Santa Fe. The deliberations did not end without altercations; for instance, MonsignorJaime de Nevares resigned his seat, claiming the convention to be "vitiated with absolute nullity".
Main points
Amongst the most important points of the reform are:
Argentina ratifies its legitimate and non-prescribing sovereignty over the Falkland Islands under Temporary Provisions
The international legislation on human rights, and every other International Treaty ratified or to be ratified by Argentina, was deemed to hold an equal status to the Constitution as supreme law.
The length of the presidential term was shortened from six to four years. The reelection of the president and the vice-president was allowed once consecutively, and the requirement for the president to be a Roman Catholic was removed.
The terms of senators were also shortened, from nine to six years. It was also established that every district was to elect three senators by direct elections.
The doctrine of de facto government was repealed, and it was established that any further attempt at breaking the constitutional order was to be deemed illegal, as severe penalties were to be established for the perpetrators and the right to resist a coup d'état was validated.
An independent institution, called the Judiciary Council, was established with mandate to administer, regulate and control the functioning of the judiciary, to select the candidates for Federal Justicies, and to initiate impeachments to depose them. It is composed of members from both houses of the National Congress, officials selected by the President, and representatives from the legal profession, judges and the academics.
The issuing of Necessity and Urgency Decrees was regulated.
An independent office, that of ombudsman, was created.
Other specific provisions
In order to provide an effective protection to individual rights, the 1994 amendment has introduced actions called: "amparo", "hábeas corpus", and "hábeas data". "Amparo" gives the possibility to any person to request that a judge declare the unconstitutionality of an act or ruling on which an action or omission of public authorities or private individuals is based that, in an actual or imminent manner, causes damage or restrains a right recognized by the Constitution, the law, or an international treaty. This action requires that no other effective judicial means be available. "Hábeas corpus" is an action that can be filled to protect the right of physical freedom when it is threatened, limited, modified, or injured, or in case of illegitimate aggravation of conditions of detention. "Hábeas data" is an action that can be filled by any individual to take notice of any information referred to him, registered in public or private registers, and to request its suppression, rectification, confidentiality, or updating. Another innovation introduced by the 1994 amendment is the right of citizens to introduce bills before the House of Deputies that must be considered by Congress within the next twelve months. A further innovative provision is the recognition of the right of every inhabitant to a healthy environment in article 41 that establishes that Additionally, there are precise provisions referring to protection of consumers rights, defense of competition, control of natural or legal monopolies, and of public services' quality and efficiency.
