Constitutional Reform Which Introduces Several Amendments To The Constitution Of The Republic

Original Language Title: REFORMA CONSTITUCIONAL QUE INTRODUCE DIVERSAS MODIFICACIONES A LA CONSTITUCION POLITICA DE LA REPUBLICA

Read the untranslated law here: https://www.global-regulation.com/law/chile/650234/reforma-constitucional-que-introduce-diversas-modificaciones-a-la-constitucion-politica-de-la-republica.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
"Article 1: Introducense the following amendments to the Constitution politics: 1. the 3rd article, be replaced by the following: 'article 3 the State of Chile is unitary." The administration of the State shall be functional and territorially decentralised, or decentralized where appropriate, in accordance with the law.
The organs of the State shall promote the strengthening of the regionalization of the country and solidarity and equitable development among regions, provinces and municipalities of the country. "."
2, paragraph first add item 6, before the final dot (.), the phrase ", and ensure the institutional order of the Republic".
3. incorporate the following article 8, new: ' article 8 the exercise of public functions obliges owners to strict compliance with the principle of probity in all its actions. "
Acts and resolutions of the organs of the State, as well as its foundations and the procedures used are public. However, only a qualified quorum law may establish the reservation or secret of those or these, when advertising afectare the proper performance of the functions of those bodies, the rights of people, the security of the nation or the national interest. "."
4 amended article 10, in the following way: to) delete the 2nd number.
(b) replace the 3rd number, with the following: "3rd Chilean children of father or mother, born in foreign territory. However, will require that one of their ancestors in a straight line of first or second degree, has acquired Chilean nationality by virtue of provisions of the numbers 1, 4 th or 5 th; "."
(c) replaced the number 4th, by the following: "4th foreigners who question letter of naturalization in accordance with the law.".
5 Introducense the following amendments to article 11: to) the number 1, be replaced by the following: "1st by voluntary resignation expressed by competent Chilean authority. This waiver will only produce effects if the person, previously, has nationalized in foreign country; "(, y b) repealed the 3rd number."
6 added, to article 13, the following third, new subparagraph: "For Chileans referred to numbers 3 and 5 of article 10, the exercise of the rights conferred on them by the citizenship will be subject to have been comers in Chile for more than one year.".
7 Add the following second paragraph in article 14: "the nationals in accordance with article 10 No. 4, will have option to elected public office only after five years of being in possession of your letters of naturalization.".
8 replace article 16, Nº 2 the expression "processed" by "accused";
9 Introducense the following amendments to article 17: a) added, in the number 3, then of the expression "terrorist", the phrase "and those relating to drug trafficking and that they have deserved, penalty in addition, disturbing", and b) replace the second paragraph by the following: "those who have lost citizenship by the grounds listed in the 2nd number, will recover it in accordance with the law , once extinguished his criminal responsibility. Those who have lost it by the grounds provided for in the 3rd number may ask their rehabilitation Senate fulfilled once sentence. "."
10 Introducense the following modifications in article 19: to) replace the fourth paragraph of the 3rd by the following number: "No one may be tried by special commissions but by the tribunal that indicated the law and which is established by this prior to the perpetration of the fact found.".
(b) replace the number 4th, by the following: "respect for and protection of private life and the honour of the person and his family.".
((c) change the number 7 in the following sense: 1. replace the letter e) with the following: "e) the freedom of the accused shall proceed unless the detention or pre-trial detention should be considered by the judge as necessary for investigations or the security of the victim or society. The law shall establish the requirements and modalities to obtain it.
The appeal of the decision that to rule on the freedom of the accused for the crimes referred to in article 9, shall be known by the superior court that appropriate, integrated exclusively by members. The resolution that approves it or grant will require be agreed unanimously. The last freedom, the accused will be always subjected to measures of supervision of the authority that the law contemplates. "."
(Replaced 2 in letter f) the expression "indicted" by the following: "accused or charged".
(d) add at the end of the fourth paragraph of number 16 the following text: "professional associations in accordance with the law and to say related to such professions, are empowered to hear complaints that stand on the ethical conduct of its members. Against their decisions may be appealed to the respective Court of appeals. Non-associated professionals will be judged by special courts established by law. "."
11 replace, in the second paragraph of article 20, the expression "arbitrary and illegal act" by "Act or illegal omission".
12 replace the final paragraph of article 24, with the following: "on 21 May of each year, the President of the Republic will find the country of the administrative State and the nation before the full Congress politician.".
13 replacements first and second subparagraphs of article 25 by the following: "article 25. To be elected President of the Republic is required to be of Chilean nationality according to the provisions of paragraphs 1 or 3 of article 10; have completed thirty-five years of age and possess other qualities necessary to be a citizen with the right to vote.
The President of the Republic will last in the exercise of their functions for a period of four years and may not be re-elected for the following period. "."
14 amending article 26, in the following terms: to) replace paragraph first sentence following (..) followed point by stating: "the election shall be carried out jointly with the of parliamentarians, in the form determined by the respective constitutional organic law, ninety days before that that must cease office which is acting." (,) and (b) Agreganse following paragraphs fourth and fifth, new: "in the event of death of one or both candidates referred to in the second paragraph, the President of the Republic will convene a new election within the term of thirty days, from the date of death. The election will be held on the Sunday nearest to the ninetieth day after the call.
If the mandate of the President of the Republic in exercise expire before the date of inauguration of the President that is chosen in accordance with the preceding paragraph, shall apply, in relevant, the rule contained in subparagraph first of article 28. "."
15 replace subsection first article 28 with the following: "article 28. If the President-elect is found unable to take possession of the cargo, it will assume, meanwhile, with the title of Vice-President of the Republic, the President of the Senate; in the absence of this, the President of the Chamber of Deputies, and in the absence of this, the President of the Supreme Court. "."
16 article 29, replace by the following: 'article 29. If by temporary impediment, whether due to illness, absence from the territory or another serious reason, the President of the Republic may not exercise his office, subrogated him, with the title of Vice President, Associate Minister to whom applicable in accordance with the order of precedence legal. In the absence of this, the subrogation will correspond to the titular Minister that follow in this order of precedence and, in the absence of all of them, surrogated le on the President of the Senate, the President of the Chamber of Deputies and the President of the Supreme Court.
In case of vacancy of the post of President of the Republic, it will come the subrogation as situations of the foregoing paragraph, and will proceed to choose successor in accordance with the rules of following subparagraphs.
If the vacancy arises missing less than two years for the next presidential election, the President shall be elected by the full Congress by an absolute majority of the senators and Congressmen in office. The election by the Congress will be made within the ten days following the date of the vacancy and the elected shall assume office within thirty days.
If the vacancy arises missing two years or more for the next presidential election, Vice President, within the first 10 days of his mandate, summon citizens to presidential election to the sixtieth day after the call. The President who is elected will assume his position the tenth day after its proclamation.
The President elected in accordance with any of the preceding sub-paragraphs will last in office up to the period that remained to who will replace and may not run as a candidate for the next presidential election. "."
17. delete the fourth paragraph of article 30, passing current subparagraphs fifth and sixth to be subsections fourth and fifth, respectively.
18 amended article 32, as follows: to) your number 2, shall be replaced by the following: "2nd request, with reasons, that cite to login to any of the branches of the National Congress.
In this case, the session shall be held as soon as possible; "(, y b) repealed 6 number."
19, add to article 37, the following new second subsection: "Without prejudice to the foregoing, Ministers must attend personally the special sessions that the Chamber of deputies or the Senate convene to discuss matters which, belonging to the scope of powers of the relevant Secretaries of State, agreed to treat.".
20 replacements items 39, 40 and 41, by the following: 'article 39. The exercise of the rights and guarantees which the Constitution ensures to all persons only may be affected under the following situations of exception: internal or external war, internal upheaval, emergency and public calamity, when they seriously affect the normal development of the institutions of the State.
Article 40. The State of Assembly, in the event of a foreign war, and the State of siege, in the event of internal war or serious internal upheaval, shall declare him the President of the Republic, with the agreement of the National Congress. The Declaration shall determine appropriate emergency-affected areas.
The National Congress, within a period of five days following the date that the President submit the Declaration of a State of Assembly or site to your consideration, shall be dealt by accepting or rejecting the proposition, unless it changes. If the Congress is not pronounced within that period, means that it approves the proposal of the President.
However, the President of the Republic may apply the State Assembly or site immediately while the Congress decides on the Declaration, but in the latter State may only restrict the exercise of the right of Assembly. The measures taken by the President of the Republic as the National Congress, will not meet may be subject of review by the courts of Justice, it is applicable, in the meantime, the provisions of article 41 D.
The Declaration of State of emergency only be for a period of fifteen days, without prejudice to the President of the Republic to request its extension. State Assembly will maintain its validity for time that extends outside war situation, unless the President of the Republic stated its suspension previously.
Article 41. The State of catastrophe, in the case of public calamity, will declare it the President of the Republic, by determining the area affected by the same.
The President of the Republic shall be bound to inform Congress of the measures taken under the State of catastrophe. The National Congress may rescind statement elapsed % eighty days from this if the reasons that led to it had ceased in absolute form. However, the President of the Republic can only declare a State of disaster for a period exceeding one year with the agreement of the National Congress. The referred agreement will be processed in the way established in the second paragraph of article 40.
Declared a State of catastrophe, the respective zones shall be under the immediate authority of the Chief of national defence designated by the President of the Republic. This will assume the management and supervision of its jurisdiction with the powers and duties that the law.
Article 41 A. The State of emergency, in the event of serious disturbance of public order or of serious damage to the security of the nation, declared it the President of the Republic, by determining the areas affected by these circumstances. The State of emergency may not extend for more than fifteen days, notwithstanding that the President of the Republic may extend this time by same period. However, for successive extensions, the President will require always of the agreement of the National Congress. The referred agreement will be processed in the way established in the second paragraph of article 40.
Declared a State of emergency, the respective zones shall be under the immediate authority of the Chief of national defence designated by the President of the Republic. This will assume the management and supervision of its jurisdiction with the powers and duties that the law.
The President of the Republic shall be bound to inform Congress of the measures taken under the State of emergency.
Article 41 B. By the Declaration of the State of Assembly, the President of the Republic is empowered to suspend or restrict personal freedom, the right of Assembly and the freedom to work. It may also restrict the exercise of the right of Association, intercept, open or register documents and all sorts of communications, have requisitions of goods and set limitations on the exercise of the right of ownership.
By the Declaration of State of emergency, the President of the Republic may restrict the freedom of movement and arrest people in their own homes or in places determined by the law and which are not prisons or intended for the detention or imprisonment of common criminals. It may, in addition, suspend or restrict the exercise of the right of Assembly.
By the Declaration of a State of disaster, the President of the Republic may restrict freedoms of movement and Assembly. It may also you have requisitions of goods, establish limitations on the exercise of the right of ownership and take all the extraordinary administrative measures which are necessary for the early restoration of normalcy in the affected area.
By the Declaration of a State of emergency, the President of the Republic may restrict freedoms of movement and Assembly.
Article 41 C. A constitutional organic law shall regulate States of emergency, as well as its Declaration and the implementation of legal and administrative measures which proceeded to adopt under those. The Act will address what is strictly necessary for the early restoration of constitutional normalcy and will not affect the powers and the functioning of the constitutional bodies or rights and immunities of their respective owners.
The measures to be taken during States of emergency not may, under any circumstances, extended beyond the duration of the same.
Article 41 D. The courts will not qualify the fundamentals nor the circumstances in fact invoked by the authorities to declare States of emergency, without prejudice to the provisions of article 39. However, regarding the particular measures that affect constitutional rights, there will always be the guarantee of recourse to the judicial authorities through the resource that corresponds.
Requisitions that are practice give rise to compensation in accordance with the law. Also entitles to compensation limitations that are imposed to the right of ownership when they imported deprivation of any of its attributes or powers essential and thus cause damage. "."
21 Article 45, replaced by the following: 'article 45. The Senate is composed of members elected in a direct vote by Senatorial constituencies, in consideration of the regions of the country. The respective constitutional organic law will determine the number of senators, Senatorial constituencies and the form of your choice.
The senators will last eight years in office and in turn be renewed every four years, corresponding to do so in a period to the representatives of the regions of odd number and the next the of the even number and the Metropolitan Region regions. "."
22 article 46 replaced by the following: "article 46. To be elected Senator is required to be a citizen with the right to vote, have completed the teaching medium or equivalent and have completed thirty-five years of age on the election day. "."
23 Introducense the following amendments to article 47: to) delete paragraph first the expression 'and senators'.
((b) replace, in the second paragraph, the phrase "Senators" that corresponds to chosen by direct vote by "Senators", and c) replacements third and fourth, subparagraphs by the following five subparagraphs, keeping its final paragraph: "vacancies of Deputies and senators will be provided with the citizen that the political party that belonged to the parliamentary that produced the vacancy at the moment he is elected.
Elected as independent parliamentarians will not be replaced.
Elected as independent parliamentarians who have postulated integrated list in conjunction with one or more political parties, will be replaced by citizen indicated the party indicated by the respective parliamentary at the time of filing his statement of candidacy.
The replacement must meet the requirements to be elected Deputy or Senator, as the case may be. However, a member may be nominated to fill the position of a Senator, and must apply, in this case, rules of the preceding subparagraphs to fill the vacancy left Deputy, who upon assuming his new position shall cease in which exercised.
New Deputy or Senator shall exercise their functions by the term missing who originated the vacancy. "."
24 replaced the number 1) of article 48, by the following: "1) supervise the acts of the Government." To exercise this power the camera can: to) adopt agreements or suggest observations, with the majority vote of the members present, which shall be transmitted in writing to the President of the Republic, who must answer established by the Minister of State, corresponding, within thirty days.
Without limiting the foregoing, any Member, with the favorable vote of one-third of the present members of the House, may request certain background to the Government. The President of the Republic will reply founded through the Minister of State concerned, within the same time limit referred to in the preceding paragraph.
In any case the agreements, observations or requests for background will affect the political responsibility of the Ministers of State;
b) summon a Minister of State, at the request of a least one-third of deputies in exercise, in order to ask him questions concerning matters related to the exercise of his office. However, a Minister himself may not be cited to this effect more than three times within a calendar year, without prior agreement of the absolute majority of the members in office.
The assistance of the Minister shall be compulsory and shall respond to the questions and queries that motivate your citation, and c) create special investigative commissions at the request of at least two-fifths of deputies in exercise, in order to gather information relating to certain acts of the Government.
The investigative commissions, at the request of one third of its members, may dispatch citations and request history. The Ministers of State, other officials of the Administration and staff of enterprises of the State or those that have majority participation, which are cited by these committees, will be required to appear and to provide the background and the information requested them.
However, the Ministers of State may not be cited more than three times to a same Commission of inquiry, without prior agreement of the absolute majority of its members.
The constitutional organic law of the National Congress shall regulate the functioning and the attributions of the investigative commissions and how to protect the rights of persons cited or mentioned in them.
25 Introducense the following amendments to article 49: a) replaced by no. 4) the reference to the number 2 ° of article 17, on the other hand the number 3 of the same article, and b) replaced into the No. 8), reference to the 8th number of article 82 on the other no. 10 of the same article.
26 be replaced with article 50, the following: "article 50. Powers of the Congress are: 1) approve or reject international treaties which the President introduced him before its ratification. The adoption of a treaty will require, in each Chamber, the quorum that corresponds, in accordance with article 63, and shall be, in the relevant to the processing of a law.
The President will inform Congress about the contents and the scope of the Treaty, as well as the reservations that it intends to confirm or ask.
Congress may suggest the formulation of reservations and interpretative declarations to an international treaty, in the course of the approval procedure, provided that they come from conformity as provided for in the Treaty itself or in the General rules of international law.
The measures taken by the President of the Republic or agreements that hold to the compliance of a treaty into force will not require new congressional approval, unless in the case of matters of law. They will not require Congressional approval of treaties signed by the President of the Republic in the exercise of regulatory authority.
The provisions of a treaty may only be repealed, amended or suspended in the manner provided for in the treaties themselves or according to the General rules of international law.
Corresponds to the President the exclusive right to denounce a treaty or withdraw from it, which will ask the opinion of both houses of Congress, in the case of treaties that have been approved by this. After a denunciation or withdrawal to produce their effects in accordance with provisions of the international treaty, this will cease to have effect on the Chilean legal order.
In the case of denunciation or withdrawal from a treaty that was approved by Congress, the President of the Republic shall inform this within fifteen days of denunciation or withdrawal.
The withdrawal of a reservation which the President of the Republic has made and that took in consideration the National Congress at the time of approving a treaty, will require prior agreement of this, in accordance with the respective constitutional organic law. The National Congress shall be dealt within a period of thirty days from the reception of the office in which the relevant agreement is sought. If it is not rejected within this term, it shall be approved the withdrawal of the reservation.
In accordance with the provisions of the law, it must be due publicity to facts that say relationship with the international treaty, such as its entry into force, the formulation and withdrawal of reservations, interpretative declarations, objections to a reservation and retirement, the denunciation of the Treaty, removal, suspension, termination and invalidity of the same.
In the same agreement approval of a treaty may Congress authorize the President of the Republic so that, during that period, issue rules with the force of law which it considers necessary for its full implementation, being in this case applicable provisions in the second and following paragraphs of article 61, and 2) decide, where appropriate , with respect to the States of constitutional exception, in the manner prescribed by the second paragraph of article 40. "."
27 repealed article 51.
28 replaced, article 52, by the following: 'article 52. The National Congress will be installed and will begin its first session in the form determined by the constitutional law.
In any case, means always summoned full for the Declaration of States of constitutional emergency.
The constitutional organic law referred to in the first subparagraph, shall regulate the handling of constitutional accusations, the qualification of the emergency as detailed in article 71 and everything to do with the internal processing of the law. "."
29 modified, the first paragraph of article 54, in the following terms: a) at number 2), replace the conjunction "and" by a comma (,) and insert the phrase "and the undersecretaries' between the term"councillors"and point and comma (,) that follows it;
((b) in the number 8), delete the conjunction "and" appearing at the end, replacing the comma (,) that precedes it by a point and comma (;);
(((c) in the number 9) replaced the final by the conjunction 'and' preceded point from a comma (,), and d) add the following number 10), new: ' 10) the commanders in Chief of the army, Navy and air force, the Carabineros Director General, the Director General of police officers belonging to the armed forces and the forces of order and public security and research. ".
30 replaced, the third paragraph of article 55, by the following: "By the mere fact of its proclamation by the election qualifier Tribunal, Deputy or Senator shall cease in another office, employment or incompatible Commission play.".
31, replace the first paragraph of article 56, the following: "article 56. No Deputy or Senator, from the moment of its proclamation by the election qualifier Tribunal can be named to a job, function or Commission of those referred to in the preceding article. "."
32 be, added to article 57, following final new subsection: "deputies and Senators may waive their positions when it affects them a serious disease that prevents them to play them and thus the Constitutional Court qualify it.".
33 replacements in the second paragraph of article 58 the phrase "or designation, or from the of incorporation, as the case may be, can be processed" by "or from his oath, as the case may be, may be accused," and in the fourth subparagraph replaced the word "accused" by "accused" 34. Insert, in article 61, the following subsection fifth, new, passing current subparagraphs fifth and sixth, to be subsections sixth and seventh, respectively: "without prejudice to the provisions in the preceding subparagraphs, the President of the Republic is authorized to establish the text revised, coordinated and systematized the laws when it is convenient for their better implementation. In exercise of this power, may introduce changes so that they are indispensable, without altering, under any circumstances, its true meaning and scope. "."
35 replaced article 72, first subparagraph by the following: 'article 72. If the President of the Republic not remits the project within thirty days from the date of its referral, means that it approves it and it shall enact as law."
36 amended, article 79, in the following terms: a) delete, in its first paragraph, the phrase "and military tribunals in time of war", replacing the comma (,) following the word "Election", by the coordinating conjunction "and" and b) eliminate your final paragraph.
37 repealed article 80.
38 amended article 80 C in the following terms: a) replaced into the second paragraph the phrase: "will last ten years in the exercise of their functions", by the following: "it will last eight years in the exercise of their functions", and b) add the following third subparagraph: "Shall apply to the national tax provisions of the second paragraph of article 77 concerning the maximum age.".
39 replaced in the final subparagraph of article 80 D, the phrase "will last ten years in the exercise of their functions", by the following: "will last eight years in the exercise of their functions".
40. replace, in the first paragraph of article 80 G, the expression "four-sevenths" by "most".
41 article 81, replace by the following: 'article 81. There will be a constitutional court composed of ten members, appointed in the following manner: to) three appointed by the President of the Republic.
(b) four of which are elected by the National Congress. Two shall be appointed directly by the Senate and two will be previously proposed by the Chamber of Deputies for its approval or rejection by the Senate. Appointments, or the proposed where appropriate, shall be made in unique votes and will require for approval of the favourable vote of two-thirds of the senators or deputies in exercise, as appropriate.
(c) three elected by the Supreme Court in a secret ballot that will be held in session specially convened for this purpose.
The members of the Tribunal will last nine years in office and remade by installments every three. They must be at least fifteen years of Attorney, have been prominent in the professional, University or public activity, they may not have any impediment that disable them to play judge, shall be subject to articles 55, 56 and 78 rules and they may not exercise the profession of lawyer, including the judiciary, or any act of those set forth in subparagraphs second and third article 57.
The members of the Constitutional Court are irremovable and may not be reelected, except one which has been as substitute and it has served for one period shorter than five years. They cease their functions to 75 years of age.
In the event that a member of the Constitutional Court stops in his office, will be her replacement by whom it may concern, according to this article the first paragraph and the time remaining to complete the period of the replaced.
The Court will operate at full or divided into two rooms. In the first case, the quorum for the transaction of business shall be of at least eight members and the second of at least four. The Court shall adopt its agreements by simple majority, except for the cases in which a different quorum is required and will fail according to law. The Court in full will solve in short the powers referred to in paragraphs 1 °, 3 °, 4 °, 5 °, 6 °, 7 °, 8 °, 9 ° and 11 ° of the article next. For the exercise of its remaining powers, it will run in full or room according to what provided the respective constitutional organic law.
A constitutional organic law shall determine its organization, operating procedures and fixed plant, remuneration regime and its staff regulations. "."
42 article 82, replaced by the following: 'article 82. Powers of the Constitutional Court are: 1 º control of constitutionality of laws which interpret any provision of the Constitution, the constitutional organic laws and the rules of a treaty related to matters inherent to the latter, before its enactment;
2º solve questions of constitutionality of the car agreed dictated by the Supreme Court, the courts of appeals and the election qualifier Tribunal;
3º solve questions of constitutionality which arise during the processing of projects of law or constitutional reform and treaties subject to the approval of the Congress;
4º resolving the issues arising on the constitutionality of a decree with force of law;
5th resolve issues that may arise on constitutionality with regard to the call for a referendum, without prejudice to the powers corresponding to the election qualifier Tribunal;
6° resolved, by a majority of its members, the inapplicability of a legal precept whose application in any management that follow a Court of ordinary or special, is contrary to the Constitution;
7th resolved by a majority of four fifths of its members in exercise, the unconstitutionality of a legal precept declared inapplicable in accordance with the provisions of the preceding paragraph;
8th resolve claims in the event that the President of the Republic not to enact a law when it should do so or enact a text different from which constitutionally applicable;
9th resolve on the constitutionality of a decree or judgment of the President of the Republic, the General Comptroller of the Republic is represented by deems unconstitutional, when required by the President in accordance with article 88;
10° declare the unconstitutionality of organizations and movements or political parties, as also the liability of persons who had taken part in the facts that led to the Declaration of unconstitutionality, in accordance with the provisions of paragraphs sixth, seventh, and eighth of n 15 ° of article 19 of the Constitution. However, if the person concerned is the President or the President-elect, the aforementioned Declaration will require, in addition, the agreement of the Senate adopted by a majority of its members;
11th report to the Senate in the cases referred to in article 49 number 7) of this Constitution;
12th resolve the strife of competition arising between the political or administrative authorities and the courts of Justice, which do not correspond to the Senate;
13th meet on constitutional or legal disabilities affecting a person to be appointed Minister of State, remain in such charge or simultaneously perform other functions;
14 ° to decide on disabilities, incompatibilities and grounds for cessation in charge of parliamentarians;
15th qualifying disability invoked by a parliamentarian in the terms of the final paragraph of article 57 and to decide on his resignation, and 16° resolve on the constitutionality of the Supreme decrees, whatever the Vice invoked, including those that may be rendered in the exercise of the autonomous regulatory authority to the President of the Republic when relating to matters that are reserved to the law mandated by article 60.
In the case of the number 1, the originating House sent to the Constitutional Court the respective project within five days following the day when it is fully transacted by the Congress.
In the case of the 2nd number, the Court can know of the matter at the request of the President of the Republic, of any cameras or ten of its members. In addition, any person who is party to trial or pending management in ordinary or special court, or from the first performance of the criminal procedure, when it to be affected in the exercise of their fundamental rights as provided in the respective autoacordado may require the Court.
In the case of the 3rd number, the Court may only know of the matter at the request of the President of the Republic, of any cameras or a quarter of its members in exercise, whenever it is formulated prior to the enactment of law or the referral of the communication informing the approval of the Treaty by the National Congress and , in any case, after the fifth day of the clearance of the project or the designated communication.
The Court must resolve within the spot within 10 days of receiving the request, unless it decides to extend it by up to another ten days due to serious and qualified.
Requirement will not suspend the processing of the project; but the contested part of this may not be enacted until the expiry of the period concerned, except that in the case of the draft law of budgets or draft on the Declaration of war proposed by the President of the Republic.
In the case of the 4th number, the question may be raised by the President of the Republic within ten days when the Comptroller rejected for the unconstitutional a decree with force of law. It may also be promoted by either House or by one-fourth part of its members at exercise where the Comptroller has taken reason for a decree with force of law that are challenging unconstitutional. This request must be made within the period of thirty days, counted from the publication of the respective decree with force of law.
In the case of the number 5, the question may promote at the request of the Senate or the Chamber of Deputies, within ten days from the date of publication of the decree that set the day of the consultation of the people.
The Court will establish the final text of the consultation of the people, in its resolution when this was coming.
If at the time of pronounced sentence missing less than thirty days to carry out the plebiscite, the Court set therein a new date between thirty and sixty days of the ruling.
In the case of the number 6, the matter may be raised by either party or by the judge who knows the topic. Any of the rooms of the Court shall declare, without further recourse, the admissibility of the question that always check the existence of a pending management in ordinary or special court that application of the contested legal precept may be decisive in the resolution of a matter, that challenge is reasonably founded and the other laying down the law requirements. This same room it shall resolve the suspension of the procedure in which the action of inapplicability originated by unconstitutionality.
In the case of the number 7, once settled in judgment upon the Declaration of non-applicability of a legal obligation, in accordance with paragraph 6 of this article, there will be public action to require the Declaration of unconstitutionality, without prejudice to the powers to declare it ex officio to the Court.
The respective constitutional organic law shall establish the requirements of admissibility, in the event of public action, is exercised as also regulate the procedure to be followed to act ex officio.
In the cases of the number 8, the question may promote by either House or by one-fourth part of its members exercise, within the thirty days following the publication of the contested text or within sixty days of the date on which the President of the Republic was the promulgation of the law. If the Court take the claim, shall enact in its ruling the law that was not or rectify the incorrect enactment.
In the case of the number of 11th, the Court may only know of the matter at the request of the Senate. There will be public action to require the Court to respect of the powers which are conferred upon you by the numbers 10 and 13.º of this article.
However, if in the case of the number 10th person was the President or President-elect, requirement must be made by the Chamber of deputies or the fourth part of its members.
In the case of the number 12 °, the requirement must be inferred by either authorities or courts in conflict.
In the case of the number 14, the Court can only know matter at the request of the President of the Republic or of not less than ten members in exercise.
In the case of the number 16, the Court may only know of matter at the request of any of the cameras made within the thirty days following the publication or notification of the contested text. In the case of defects that do not relate to decrees that exceed the autonomous regulatory authority to the President of the Republic also can a quarter of the members in office deduce this requirement.
The Constitutional Court will appreciate in consciousness the facts when you know the functions listed in numbers 10 th, 11 th and 13 th, as, also, when you know the causes of default in the office of parliamentary.
In the case of the numeral 10 °, 13 ° and in the case of the numeral 2 ° when required on the one hand, will correspond to a Chamber of the Court to decide without further resource, its admissibility. "."
43 article 83, replace by the following: 'article 83. Against decisions of the Constitutional Court shall not be recourse, without prejudice that may, the same court, according to the law, rectify errors of fact which it has incurred.
The provisions that the Court declare unconstitutional may not become law in the project or decree with force of law concerned.
In the case of the N ° 16 of article 82, the contested Decree shall be without effect of void, with the only merit of the judgment of the Court which accept the claim. However, the unconstitutional declared precept in compliance with the provisions of paragraphs 2, 4 or 7 of article 82, means repealed since the publication in the official journal of the judgment which accept the claim, which will not produce retroactive effect.
Judgments declaring the unconstitutionality of all or part of a law, a decree with force of law, of an autoacordado, or Supreme Decree in its case will be published in the official journal within the three days following its enactment. "."
44 replaced subsection end of article 87, by the following: "the Comptroller General of the Republic must have at least ten years of law degree, forty years of age and possess other qualities necessary to be a citizen with the right to vote. Be appointed by the President with the agreement of the Senate adopted by the three-fifths of its members, for a period of eight years and may not be appointed for the next period. However, on reaching 75 years of age shall cease in office. "."
45 article 90, replaced by the following: 'article 90. Dependent of the Ministry of national defense forces are constituted solely and exclusively by the army, Navy and air force. There are for the defense of the homeland and are essential to national security.
The forces of order and public safety are integrated only by police and investigations. They constitute the public force and exist to give efficacy to the law, ensure public order and public security inside, in the way that determined it their respective basic laws. They depend on the Ministry of public security.
The armed forces and police, as armed forces, are essentially obedient and not deliberative. The forces dependent on the ministries in charge of national defense and public security, are also professional, hierarchical and disciplined. "."
46 replacing the second paragraph of article 93, by the following: "the President of the Republic, by Decree founded and previously reporting to the Chamber of Deputies and the Senate, you can call to retreat to the commanders in Chief of the army, Navy and air force and the Director General of police, if necessary, before completing their respective period.".
47 Article 95, replaced by the following: 'article 95. There will be a National Security Council in charge of advising the President of the Republic in matters related to national security and exercise other functions entrusted by the Constitution. It will be chaired by the head of State and will be composed of the Presidents of the Senate, the Chamber of Deputies and the Supreme Court, by the commanders in Chief of the armed forces, by the General Director of Carabineros and by the Comptroller General of the Republic.
Determined in the case that the President of the Republic, may be present at its meetings the Ministers inside Government, national defense, public security, Foreign Affairs and Economics and finances of the country. "."
48 article 96, replaced by the following: 'article 96. The National Security Council shall meet when it is convened by the President of the Republic and will require as quorum for convening of an absolute majority of its members.
The Council shall not adopt agreements but to dictate the regulation referred to in the final paragraph of this provision. In their sessions, any of its members may express their views against some fact, Act, or matter that says relationship with the bases of institutionality or national security.
The proceedings of the Council shall be public, unless the majority of its members determines otherwise. A regulation issued by the Council shall establish other provisions pertaining to their organization, functioning and advertising of their discussions. "."
49 the second paragraph of article 99, replace by the following: "creating, deleting and denomination of regions, provinces and municipalities; modification of its boundaries, as well as the fixing of the capitals of the regions and provinces, will be a matter of constitutional law. "."
50 replace the final paragraph of article 116 with the following: "In matters not provided for in this chapter, shall apply to the processing of the draft constitutional reforms the standards of training in the law, and must always respect the quorums set out in the preceding paragraph.".
51 Introducense the following amendments to article 117: 1. Suprimense items first and second;
2. replace, in the third paragraph, that becomes a paragraph first, the expression "approve the majority of the Congress" by "Chambers approve both", and 3. Replacements, in fourth and fifth, paragraphs that go to be subsections second and third, respectively, the words "the Congress" by "both houses".
52 repealed the final article.
53 repeal the transitional provisions fourth, eighth, ninth, 10th, 11th, 12th, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twentyfirst, vigesimasegunda, twenty, vigesimacuarta, vigesimaquinta, vigesimasexta, vigesimaseptima, vigesimaoctava, vigesimanovena, thirty, trigesimasegunda, trigesimatercera, trigesimacuarta, trigesimaquinta and forty. "."
54 Incorporanse the following transitional provisions: "Cuadragesimaprimera. The mandate of the President of the Republic in exercise will be for six years, and may not be re-elected for the following period.
Cuadragesimasegunda. The Senate will be integrated only by senators elected in accordance with article 45 of the Constitution politics and constitutional law on popular votes and existing indexes.
Amendments to the aforementioned organic law on popular votes and polls that say in relation to the number of senators, the existing constituencies and the existing electoral system, will require the vote as three fifths of Deputies and senators in the exercise.
In current year Senators incorporated or designated in accordance with the lyrics to), b), c), d), e) and f) of article 45 shall be repealed, shall continue to perform the duties until March 10, 2006. 43rd . The replacement of the current Ministers and the appointment of the new members of the Constitutional Court, shall be subject to the following rules: current Ministers appointed by the President of the Republic, the Senate, the Supreme Court and the National Security Council shall remain in function until the end of the term for which they were appointed or until they cease in their positions.
The replacement of the Ministers designated by the National Security Council will correspond to the President of the Republic.
The Senate will appoint three Ministers of the Court constitutional, two directly and the third upon proposal of the Chamber of Deputies. The latter will last in office until the very day that stops the currently appointed by the Senate or who replaces him according to the seventh paragraph of this article, and may be reelected.
The current Ministers of the Supreme Court who are in turn by the Constitutional Court, shall be suspended temporarily in the exercise of their positions on the Court, six months after the publication of the present constitutional reform and without affecting their rights officials. They resumed the charges at the end of the period for which they were appointed in the Constitutional Court or when cease in the latter for any reason.
The Supreme Court will be nominated, in accordance with the letter c) Article 81, indicated lawyers as the corresponding vacancies are generated. However, the first one shall be appointed for three years, the second in six years and the third for nine years. He has been appointed for three years may be reelected.
If any of the current Ministers not referred to in the foregoing paragraph cesare in his position, he will be replaced by the authority referred to in letters a) and b) of article 81, as appropriate, and their period will last the remainder to his predecessor, and can these be re-elected.
The Ministers appointed in accordance with this provision shall be appointed prior to the 11 of December 2005 and will enter office on January 1, 2006.
Cuadragesimacuarta. International treaties approved by Congress prior to the entry into force of this constitutional reform, related to subjects that according to the Constitution must be approved by absolute majority or the seventh four quarters of Deputies and senators in office, means that they have complied with these requirements.
Competition races today locked in the Supreme Court and they are up to the entry into force of amendments to Chapter VII, will continue to be based in that body until their total processing.
The initiated processes, ex officio or upon request of a party, or which wrongdoings in the Supreme Court to declare the inapplicability of a legal precept to be contrary to the Constitution, prior to the implementation of reforms to Chapter VII, remain knowledge and that court until its full term.
Cuadragesimaquinta. The reforms introduced chapter VII enter into force six months after the publication of the present constitutional reform with the exception of regulated in the 43rd available.
Cuadragesimasexta. The forces of order and public security will remain dependent on the Ministry of national defense until the new law that create the Ministry of public security issued.
Cuadragesimaseptima. The modifications set out in article 54, no. 2, will begin to govern after the next general election of members of Parliament.
Cuadragesimaoctava. However, the modification to article 16 no. 2 of this Constitution, is also suspended the voting rights of the persons prosecuted for acts prior to the June 16, 2005, for crimes that deserve punishment for crime that the law qualifies as terrorist conduct or disturbing.
Cuadragesimanovena. As long as they do not believe the special courts referred to in the fourth subparagraph of article 19 number 16 °, claims motivated by ethical conduct of practitioners who do not belong to professional associations, will be known by the ordinary courts. "."

Related Laws