2987
According to the role that political parties play in the democratic system, the way they are financed becomes a matter of main relevance. Nowadays, it is impossible to imagine political organizations that could fulfill their means without the availability of financial and economic resources. The tec...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2015
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/7/el-financiamiento-de-la-politica-en-la-republica-argentina.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_2987 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_2987.dir/2987.PDF |
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| Sumario: | According to the role that political parties play in the democratic system, the way they are financed becomes a matter of main relevance. Nowadays, it is impossible to imagine political organizations that could fulfill their means without the availability of financial and economic resources. The technological revolution and the cultural changes have deeply modified how politics are done and determined a way to communicate it, affecting political parties? economies. Even though every country has regulated the matter in various ways, they all have common features, which allowed elaboration of a basic diagram with the main characteristics of each one of them. We know three types of financing: public, private and the mix of both; depending on the origin of the funds, if they come from the State, from private contributions or both. Argentina, which during decades showed a social and legal context quite permissive compared to developed democracies such as the United States or the United Kingdom, adopted the mixed financing system. Since the 80?s and along with the consolidation of the institutional system, the demand of the citizens for more transparency while handling parties? funds grew. However, it wasn?t until 2001 and because of the crisis and lack of trust, that a specific regulation on this matter was dictated. The dispositions contained in the political parties Act. 23.298 where insufficient to control the parties? finances on the limits of expenses and the funds restrictions. Thus, the concern was to find new forms of auditing that were efficient, and that could ensure the transparency and equity in the distribution and use of the funds. In this way, on June 12th of 2001, the Act 25.600 was passed and remained effective until 2007 when the Act 26.215 was enacted, which was substantially modified in 2009 by the reform introduced in the Act 26.571. The argentine financing regime is complete, as it foresees the assignment of funds for the institutional development of the parties and the campaigns. It establishes limits to the expenses and contributions, and it provides new control mechanisms and penalties. An interesting improvement was the imposition to submit a pre-campaign report from the parties, tending to an informed decision of the electors, in addition to the final report with supporting documentation. Nevertheless, there is still a long way to go and so we need that those who participate in politics assume the commitment, accepting and promoting the rules of transparency. Otherwise, the aim will not be accomplished. |
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