On Public Ministry

Appointment, duration and removal

Abstract

This paper develops the constitutional regulation of the institution of the Public Ministry in Argentina, focusing on the requirements for appointment to the office of the Attorney General of the Nation, its duration and removal. Regarding the appointment, the author affirms that in order to aspire to this position it is necessary to prove, with upright and sufficient reasonableness, the quality and inherent and unfading democratic commitment. To stay in office: good conduct is necessary, that is, constitutional rationality; make decisions based on reality and logic and not commit functional crimes. Regarding the duration in office, it proposes a temporary limitation, maintaining that it is constitutional to determine the temporary nature of the appointment of the Attorney General of the Nation and the Defender General of the Nation, by way of a legal change, proposing an appointment for a term of 5 years with the possibility of renewal in the same way in which they were designated. Finally, he proposes a modification of the legislative majorities for his appointment, and on the dismissal he encourages the mechanism of impeachment.