The Autonomy of Argentine National Universities and their internal control systems [3.3334]

Abstract

This article, situated within the field of Administrative Law, analyzes the interference of the national executive power in the internal control systems of national universities based on Decree No. 1,344/2007 and the modifications introduced by Decree No. 72/2018. Such regulations, by implementing Law No. 24,156, expand its scope of application to national universities, which could affect the principle of university autonomy and self-governance enshrined in section 19 of Article 75 of the National Constitution.

University autonomy was conceptualized as a constitutional quality and guarantee that encompasses five dimensions: regulatory, governance, academic, economic, research, and the execution of outreach activities, independent from the executive power, though not from the legislative and judicial branches.

The research adopted a legal-dogmatic and sociological approach, with an analysis of the regulatory framework, judicial rulings, opinions of the National Treasury Attorney’s Office, and resolutions issued by various agents within the national university system.

In conclusion, it was verified that the persistence of Decree No. 72/2018 constitutes interference in university autonomy, and the inclusion of these institutions as entities covered by Article 8 of Law No. 24,156 amounted to a regulatory excess contrary to the principle of university autonomy and self-governance.