Change of Administration and Law of Ministries (Decree 8/2023)

Decree No. 8/2023 was issued invoking the powers of the President of the Nation to issue autonomous decrees (i.e., its general administrative powers) and to enact emergency decrees (i.e., its powers to enact regulations of legislative hierarchy under exceptional circumstances defined by the Constitution).

The are several changes introduced by Decree No. 8/2023: the number of ministries was significantly reduced, agencies were transferred, others were eliminated, and tasks were redistributed.

The number of ministries was reduced from eighteen (18) to nine (9):

• Economy
• Infrastructure
• Interior
• Foreign Affairs, International Trade and Worship
• Defense
• Security
• Justice
• Health
• Human Capital.

The Presidential Secretariats were reduced to three (3):

• General Secretariat
• Legal and Technical Secretariat
• Secretariat of Communication and Press

In this context, some areas have been subsumed under different ones. 

First, the Ministry of Human Capital centralizes everything that used to correspond to the former Ministries of Education, Culture, Social Development, and the Ministry of Women. However, health issues will not fall under its orbit since the Ministry of Health has retained its autonomy. 

On the other hand, the areas of public works, housing, communications and transportation have been transferred to the Ministry of Infrastructure. Thus, this ministry will be in charge of the elaboration of policies concerning communications, public works, national water policy, transportation in all its aspects, housing development, habitat and urban integration. The concession of infrastructure works and public services have been also left to this Ministry and, therefore, the elaboration of norms that regulate public services will be its responsibility. It will also be responsible for the execution of infrastructure works related to mining and energy.

However, for technical reasons, the Secretariats of Energy and Mining have been placed under the Ministry of Economy.

The Ministry of the Interior, on the other hand, groups everything that corresponded to the former Ministries of Environment and Tourism and Sports.

Everything related to the former Ministry of Science, Technology and Innovation has been transferred to the Office of the Chief of Cabinet of Ministers, as well as the former Secretariat of Strategic Affairs of the Presidency. In addition, it is important to highlight that Decree 8/2023 has granted the Chief of Cabinet of Ministers powers to intervene in State-owned companies and corporations. It is established that he may intervene in the "action plans and budgets of state corporations, autarchic entities, decentralized or deconcentrated agencies and special accounts and funds", as well as in their "intervention, liquidation, closure, privatization, merger, dissolution or centralization".

On another note, the Financial Information Unit (spanish acronym “UIF”) has been transferred to the Ministry of Justice.

On the other hand, the organization and supervision of the penitentiary system, which previously corresponded to the former Ministry of Justice and Human Rights, has been transferred to the Ministry of Security. Likewise, the National Agency of Controlled Materials has also been transferred to the Ministry of Security.

The Decree also transferred the National Agency for Disability to the Office of the Chief of Cabinet of Ministers, and both the National Institute of Associativism and Social Economy (spanish acronym “INAES”) and the National Institute of Family, Peasant and Indigenous Agriculture were transferred to the Ministry of Human Capital.

The absence of other agencies is also noticeable. Neither the National Institute of Indigenous Affairs (spanish acronym “INAI”) nor the National Institute against Discrimination, Xenophobia and Racism (spanish acronym “INADI”) are mentioned in the article dealing with the powers of the Ministry of Justice. On the contrary, the Decree places the faculties that would have corresponded to these agencies directly under the Ministry.

As a final observation, it should be noted that this restructuring of the Public Administration will have practical effects in all matters related to the different administrative procedures. For example, the subsumption of some former ministries into the orbit of other new ministries will have necessary consequences in the administrative recursive procedure.

In the next few days, it will be essential to follow closely the different regulations that will modify and define the internal structure of each government department.