Seven days after the Government delivered to the National Assembly the investment law projectlast February 22, the Council of Legislative Administration (CAL) will meet at 4:45 p.m. this Monday 28 February to know and resolve the fate of the Executive’s proposal, which is of an urgent nature in economic matters.
For this session, which will take place virtually, the members of the CAL will analyze the technical-legal report prepared by the Legislative Technical Unit (UTL) who examined the content of the standard and made several annotations.
The first was to determine that the bill complies with the principle of unity of matter, since it refers to the industry and investments. Likewise, it is confirmed that it meets the criterion of economic urgency.
During the review, the UTL found that there are “current legal norms that would be incompatible, that would be affected or should be repealed or reformed with the approval of the proposed rule.”
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Among other aspects, the section on regulations and institutional framework for investment and promotion of delegated management and public-private partnerships, regarding the management of public projects related to strategic sectors and public services, established in article 3 of the project.
The Unit points out that, in accordance with the Constitution and the Production Code, “the administration, regulation and control of strategic sectors is the exclusive responsibility of the State, while management corresponds primarily to public companies, then to the mixed economy companies in which the State has a majority shareholding and exceptionally to the private initiative or the popular and solidary economy”.
The technical report highlights that delegation in exceptional cases must be “clearly established” in the billwithout this being solely at the discretion of the Executive, as suggested in the law.
“The norm proposed in the articles analyzed does not accurately tell the difference between the administration, regulation and control of the strategic sectors that are the exclusive competence of the State and their management (…), neither does the rule establish the criteria or parameters determine the need for delegation to private companybased on which exceptionality can be established”, the document states.
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After analyzing the proposal, the UTL recommended the CAL consider the comments rate the project of law and designate its processing to the Economic Development Commission, Productive and Microenterprise. However, the technical-legal report is not binding.
Through the Investment Law, which has 260 articles, the The Executive intends to attract $30,000 million in private investment and generate two million jobs by 2025. For this, tax incentives are offered, creation of free zones, promotion of public-private partnerships, reforms to the stock market and the telecommunications sector. (I)
Source: Eluniverso
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