In no case shall complementary elections proceed. These courts shall be composed by a Justice of the respective Court of Appeals, elected by it, and by two members designated by the Election Qualifying Court from all of those people that have exercised the profession of lawyer or who have played the role of Justice or lawyer member of the Court of Appeals for a term of no less than three years. Decree with Force of Law No. The members of the Convention, except for the parliamentarians that integrate it, will receive a monthly remuneration of 50 monthly tax units, in addition to the allocations established in the Regulations of the Convention. You will not be able to consider the withdrawal of funds for the calculation of the other measures that need in the reason of the crisis or vice versa. It is a preferential duty of the State to ensure the implementation of health-related actions, whether provided through public or private institutions, in the form and conditions prescribed by law, which may establish compulsory contributions. The said agreement shall be processed in the manner established in the second paragraph of article 40. Those who have lost their citizenship on the grounds referred to in number 2, will recover it in conformity to law, once their criminal responsibility has been extinguished. The text of the New Constitution that is submitted to a plebiscite must respect the character of the Republic of the State of Chile, its democratic regime, the final and final judicial sentences and the international treaties ratified by Chile and that are in force. In each region there will be a regional presidential delegation, headed by a regional presidential delegate, who will exercise the functions and powers of the President of the Republic in the region, in accordance with the law. The call for a plebiscite shall be made within thirty days following the day on which both Houses insist on the bill approved by them, and it will be ordered through supreme decree which will set the date for the plebiscitary vote, which will be celebrated one-hundred and twenty days after the publication of the said decree if that day corresponded to a Sunday. The Convention, any of its members or a fraction of them, will be prohibited from claiming the exercise of sovereignty, assuming other powers than those expressly recognized by this Constitution. The text will be put to a plebiscite for approval on 4 September, in a mandatory election. President of Chile Gabriel Boric receives the new constitution draft from the president of the Constitutional Convention, Maria Elisa Quinteros, and Vice President Gaspar Domiguez on July 4, 2022, in Santiago, Chile. If the vacancy is produced with less than two years left for the next presidential election, the President shall be elected by the Plenary Congress by the absolute majority of the Senators and Representative in exercise. 18,700, constitutional organic law, Popular Voting and Scrutiny Act. The Central Bank may only perform transactions with financial institutions, whether they are public or private. In the absence of an agreement, the compensation shall be paid in cash. The citizen who has failed to fulfill his obligation due to illness, absence from the country, being on the day of the plebiscite in a place located more than two hundred kilometers from that in which his electoral domicile is registered, or other serious impediment will not incur this penalty, duly verified before the competent judge, who will evaluate the evidence according to the rules of sound criticism. The vacancies of the representatives and senators will be filled with the citizen that the political party to which the parliamentarian who caused the vacancy belonged at the moment of being elected, appoints. These cookies do not store any personal information. To determine the re-election limit that applies to regional governors, regional councilors, mayors and councilors, they will be considered to have served for a period when they have completed more than half of their mandate. The new Constitution proposes that "Chile is a social and democratic State of law. Whoever wins both the executive and the (lower) house would have a lot of power, said Rodrigo Delaveau, a lecturer in law at the University of Chicago. AMERICAS SOCIETY/COUNCIL OF THE AMERICAS. This website uses cookies to improve your experience while you navigate through the website. The Public Ministry may issue direct orders to the Forces of Order and Security during the investigation. This provision does not apply in case of external war; nor does it apply to the offices of President of the Republic, Minister of state and diplomatic agent; but only the offices conferred in a state of war are compatible with the functions of representative and senator. The National Prosecutor shall be appointed by the President of the Republic, from a five-candidate list proposed by the Supreme Court and with the agreement of two-thirds of the members in office of the Senate, in a session specially convened for that purpose. In the aforementioned plebiscite, citizens will have two electoral certificates. For the election of the members of the Mixed Constitutional Convention or Constitutional Convention, lists of independent candidates outside the list may be presented, which will be governed by the following rules: To declare their candidacies, independent candidates outside the list will require the sponsorship of a number of independent citizens equal to or greater than 0.2 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, according to the general scrutiny carried out by the Election Qualifying Court, unless said percentage of voters in an electoral district is less than 300, in which case the sponsorship of 300 independent citizens will be required. The Government and Administration of these territories will be governed by the special statutes that the respective constitutional organic laws establish. The pension fund administrators, within three business days, must inform the courts of the email (s) that the affiliates have registered with said institutions to request the withdrawal of pension funds authorized by this Constitution. Different electoral cards will be drawn up for each of the indigenous peoples recognized in Article 1 of Law No. For now, what appears clear is that the process of reforming Chiles constitution will continue well beyond September. Without prejudice to the provisions of article 65, fourth paragraph, number 6, exceptionally, and to mitigate the social effects derived from the constitutional state of exception of catastrophe due to public calamity decreed because of COVID-19, the affiliates of the private system are authorized of pensions governed by Decree Law No. In the case of number 6 the matter may be raised by either party or by the judge hearing the case. As of the publication in the Official Gazette of this reform and up to the following 365 days, pensioners or their life annuity beneficiaries may, once and voluntarily, advance the payment of their annuities up to an equivalent amount to ten percent of the value corresponding to the technical reserve that the pensioner maintains in the respective insurance company to cover the payment of their pensions, with a maximum limit of one-hundred and fifty development units. The credit rating agency Fitch Ratings said in May that while some elements of the draft constitution could affect Chiles creditworthiness, rejecting it could prolong economic uncertainty in the county. For the purposes of the preceding paragraphs, the least voted candidacy will be understood as the one that is lower in relation to the number of votes obtained and the total number of voters of the corresponding town. 2, of 2017, of the Ministry Secretariat General of the Presidency. The ruling of proclamation of the plebiscite will be communicated within three days of its issuance to the President of the Republic and to the National Congress. This modification will require, for its approval, the favorable vote of three-fifths of the deputies and senators in office. 21,295 and Law No. The commission will be made up of the following people: Its members will be appointed by the President of the Republic with the agreement of two-thirds of the senators in office. The protection legal frame shall be established by the said law, and will tend directly or indirectly to obtain the fulfillment of that obligation and will contemplate the grounds for revocation in the event of nonfulfillment or simple extinguishment of domain over the concession. The establishment of the minimum necessary distance between the voting tables, their ballot boxes and secret chambers, as well as the distance between the table members, proxies and the press. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court will have to complete the five-candidate list by proposing a new person to replace the rejected, repeating the process until an appointment is approved. In case of rejection, said infraction may be corrected before the Electoral Service within four business days following the date of notification of the resolution on acceptance or rejection of the candidatures, according to the provisions of article 19 of the decree with force of law. The positions of representatives and senators are incompatible with one another and with any other employment or commission paid with funds from the Treasury, municipalities, of autonomous fiscal entities, semi-fiscal or of the enterprises of the State or in which the Treasury has intervention by contributions of capital, and with any other function or commission of the same nature. That principles applications to healthcare and education make the 1980 charter one of the most conservative constitutions in the world. Collective bargaining with the company in which they work is a right of the workers, except in the cases in which the law expressly forbids to negotiate. All quotes delayed a minimum of 15 minutes. The affiliates will be able to make the request for the withdrawal of funds on a platform with digital, telephone and face-to-face support provided by the pension fund managers, ensuring an efficient process without delay. The observance, supervision and sanction of the obligations of the pension fund administrators contained in the current provision, will correspond to the competent authority within its legal powers. The latter shall remain in office until the day on which the currently appointed by the Senate or who replaces him ceases in office, in accordance with paragraph seven of this article, and can be reappointed. With drought conditions having lasted for more than a decade, the water issue has taken on new urgency as the capital introduces a rationing scheme, lakes have dried up and the use of water by extractive industries like mining and forestry is increasingly controversial. It envisions a stronger government role in the provision of social services, promotion of gender parity, and protection of Indigenous groups and the environment than does Chiles current charter, which was written under the right-wing dictatorship of Gen. Augusto Pinochet in 1980. It shall be composed of five members appointed as follows: The appointments that letter b) refers to may not fall on persons that are parliamentarians, candidates to positions of popular election, Ministers of State, or leaders of political parties. Next, the two most voted candidates corresponding to the Mapuche people and having their electoral domicile in the Los Ros, Los Lagos or Aysn regions of General Carlos Ibez del Campo will be preliminarily elected. Chilean President Gabriel Boric Font Tuesday told the United Nations General Assembly (UNGA) in New York that his country would have a new Constitution "shortly" after the Sept. 7 attempt to . This protocol will also be mandatory for voters, proxies, members of the Armed Forces and Public Order and Security who are in charge of safeguarding public order inside and outside the voting premises, as well as for all public officials, regardless of the body on which it depends, which performs functions or fulfills electoral obligations. In no case may this postponement be invoked as a basis for dismissal. The Justices appointed pursuant to this provision shall be designated before the 11 of December of 2005 and will take office on 1 of January of 2006. Under the question raised there will be two horizontal stripes, one next to the other. In any case, the Supreme Court upon request of the President of the Republic, at the request of an interested party, or ex officio, may declare that the judges have not had good behavior and, after a report of the accused and of the respective Court of Appeals, if necessary, may agree to their removal by the majority of the total of its components. Any act contravening this article is null and shall give rise to the responsibilities and penalties set forth by law. The answer depends in large part on how the constitution, if passed, is implemented in enabling legislation. In the other towns, the patronage of a single community, registered association or non-registered indigenous organization will suffice; or, of at least sixty signatures of persons who have accredited the indigenous quality of the same town of the sponsored one, according to the provisions of the tenth paragraph of this provision. It corresponds to the President of the Republic the exclusive power to denounce a treaty or withdraw from it, for which he shall ask for the opinion of both branches of the Congress, in the case that the treaties have been approved by it. To be elected President of the Republic it is required to have the Chilean nationality in accordance with the provisions of the numbers 1 or 2 of article 10; to have at least 35 years of age and to possess the other necessary qualities to be a citizen with the right to vote. The other four places will be filled in reason to the merits of the candidates. Summon a Minister of State, at the request of at least one-third of the Representative in exercise, in order to ask him questions regarding matters related to the exercise of his office. A tie will be decided by drawing lots. Once the liquidation has been executed and its apportionment, if applicable, the food or whoever represents it may go directly to the respective pension fund administrator, which must accept the withdrawal request with the sole display of a simple copy of the sentence that authorizes the subrogation and the liquidation of the credit, and the certificate that had it as executed. The President of the Republic shall inform the Congress about the content and scope of the treaty, as well as of the reservations that he pretends to confirm or formulate to it. This process will be repeated as many times as necessary, until neither sex surpasses the other in one seat. The regional presidential delegate shall exercise his functions in accordance with the laws and under the orders and instructions of the President of the Republic. Of the participation of the Rapa Nui people in the election of conventional constituents. Any person belonging to said system, including those who are beneficiaries of an old-age, disability or survivorship pension, will be considered affiliated to the private pension system governed by Decree Law No. The said agreement shall be processed in the manner prescribed in the second paragraph of article 40. Easter Island and the Juan Fernndez Archipelago are special territories. Each voter found in any of the cases indicated in the letters established in the preceding paragraph, may vote only for one candidate from the town to which he belongs, regardless of her domicile. The provisions of paragraphs three and four shall be applicable to the elections. The Congress shall not be able to approve any new expenditure from the funds of the Nation without indicating, at the same time, the sources of resources necessary to meet that expense. However, a qualified quorum law will be needed to authorize the hiring of those loans the expiration date of which exceeds the duration of the term of the respective presidential term. In the case of the Aymara people, if the candidates elected with the first majorities were of the same sex, the least voted candidate of those preliminarily elected will be substituted following the same mechanism indicated in the previous paragraph. Nevertheless, the same Court, in accordance with law, may correct the de facto errors which may have been made.
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