A New Cut to the Autonomy of the Municipalities of the Province of Buenos Aires (Yes, Another One) or the Increasing Control of the National and Provincial Government Over the Destination of Extra–Municipal Funds With Specific Purpose

Abstract

In this paper we will study a growing criterion in the distribution of public funds by the province of Buenos Aires to its municipalities. The transfers of funds by the Province with specific purpose, are framed in a practice that limits their economic competences and consequently, their decision–making capacities. By conditioning the use of funds, these types of regulations affect the powers, local public policies and capacities of municipal authorities.

After reviewing the current regulatory and jurisprudential debates on municipal autonomy, we will identify the complex framework of provincial regulations that transfer and affect funds for specific uses.

In a context of unrecognized municipal autonomy in the local constitution, these types of practices contravene current jurisprudential standards and strongly affect small municipalities with low tax collection capacity.