LAW NO. 20,050 CONSTITUTIONAL REFORM THAT INTRODUCES VARIOUS MODIFICATIONS TO THE POLITICAL CONSTITUTION OF THE REPUBLIC Having present that the National Congress has given its approval to the following Constitutional Reform Project: " Article 1: Introduce the following amendments to the Political Constitution of the Republic: 1. Replace Article 3. º, by the following: " Article 3. The State of Chile is unitary. The administration of the State shall be functional and territorially decentralized, or unconcentrated in its case, in accordance with the law. The organs of the State shall promote the strengthening of the regionalization of the country and the equitable and solidary development between the regions, provinces and communes of the national territory. " 2. final point (.), sentence ", and guarantee the institutional order of the Republic". 3. Insert the following Article 8. º, new: " Article 8. The exercise of public functions requires the holders to strictly comply with the principle of probity in all their actions. The acts and resolutions of the organs of the State, as well as their foundations and the procedures they use, are public. However, only a qualified quorum law may establish the reservation or secrecy of those or of these, when the publicity will affect the due performance of the functions of these organs, the rights of the persons, the security of the Nation or the national interest. " 4. Amend Article 10, as follows: (a) Remove the number 2. º. (b) Replace the number 3. º, by the following: " 3rd Children of Chilean father or mother, born in foreign territory. However, it will be required that any of its ascendants in a straight line of first or second grade, have acquired the Chilean nationality by virtue of the numbers 1st, 4th or 5th; "c) Replace the number 4. º, by the following:" 4. foreigners who obtain a letter of nationalization in accordance with the law. " 5. Introduce the following amendments to Article 11: (a) Replace the number 1, by the following: " 1st By voluntary resignation expressed before competent Chilean authority. This waiver will only produce effects if the person, previously, has been nationalized in foreign countries; ", and (b) Defeat the number 3. º. 6. Add, to Article 13, the following third indent, new: " In the case of Chileans referred to in Article 10 (3) and (5), the exercise of the rights conferred upon them by the citizenry shall be subject to the fact that they have been in Chile for more than one year. " 7. Add the following second indent in Article 14: "Nationalized in accordance with Article 10, No. 4, will have the option of public office of popular choice only after five years of being in possession of their nationalization letters." 8. Replace in article 16, No. 2 the expression "processed" by "accused"; 9. Make the following amendments to Article 17: (a) Add, in number 3, below the phrase 'terrorist', the phrase 'and those relating to the traffic in narcotic drugs and which have also been well deserved', and (b) Replace the second paragraph, by the following: " Those who have lost the citizenship by the causal indicated in the number 2. º, will recover it in accordance with the law, once their criminal responsibility is extinguished. Those who have lost her for the causals provided for in number 3. may request her rehabilitation to the Senate once the sentence has been completed. " 10. Make the following amendments to Article 19: (a) Substitute the fourth paragraph of the 3rd number by the following: "No one shall be judged by special commissions, but by the court which shall indicate the law and which shall be established by the law before the fact of the fact." b) Replace the number 4, by the following: "The respect and protection of private life and the honour of the person and his family." (c) Amend the number 7 in the following sense: 1.-Replace the letter e) with the following: " e) Freedom of the The person concerned shall proceed unless the detention or remand is deemed by the judge to be necessary for the (a) research or for the safety of the offended or the society. The law shall establish the requirements and modalities for obtaining it. The appeal of the judgment ruling on the freedom of the accused for the offences referred to in Article 9, shall be known by the superior court that corresponds, composed exclusively of the members. The resolution approving or granting it will require unanimity. For the duration of the freedom, the person shall be subject to the supervision measures of the authority which the law provides for. "2.-Replace in point (f) the expression" indicted "by the following:" accused or accused ". (d) The following text is added at the end of the fourth paragraph of number 16: " Professional colleges which are constituted in accordance with the law and which are related to such professions, shall be entitled to know of the complaints which are lodged on the ethical conduct of its members. Against its resolutions, it may be appealed to the Court of Appeals. Non-associated professionals shall be judged by the special courts established in law. " 11. Replace, in the second paragraph of Article 20, the expression "arbitrary and illegal act" by "illegal act or omission". 12. Replace the final paragraph of Article 24, by the following: "On 21 May of each year, the President of the Republic shall give the country of the administrative and political state of the Nation to the Plenary Congress." 13. Replace the first and second points of Article 25 with the following: " Article 25. In order to be elected President of the Republic, it is necessary to have the Chilean nationality according to the provisions of the 1st or 3rd of the article 10; to be satisfied thirty-five years of age and to possess the other qualities necessary to be citizen with the right to vote. The President of the Republic shall last for the term of four years in the performance of his duties and shall not be re-elected for the following period. '. 14. Amend Article 26, in the following terms: a) Replace in the first paragraph the prayer that follows the point followed (.) by which it is indicated: " The election will be carried out jointly with the one of parliamentarians, in the form that determines the respective constitutional organic law, ninety days before (b) The following fourth and fifth, new points shall be added: " In the event of the death of one or both of the candidates referred to in the second subparagraph, the President of the Republic shall convene the a new election within the 30-day period, counted from the date of death. The election will be held on Sunday closer to the ninetieth day after the convocation. If the term of office of the President of the Republic of the Republic is expired before the date of the inauguration of the President to be chosen in accordance with the preceding subparagraph, the rule contained in the first paragraph of Article 28 shall apply. " 15. Replace the first indent of Article 28 by the following: " Article 28. If the President-elect is prevented from taking office, he will assume, in the meantime, 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 it, the President of the Supreme Court. " 16. Replace Article 29, as follows: " Article 29. If, due to illness, absence of the territory or other serious reason, the President of the Republic cannot exercise his position, he shall subrogate him, with the title of Vice-President of the Republic, the Minister to whom corresponds according to the order of legal precedence. In the absence of this, the subrogation will correspond to the incumbent minister who follows in that order of precedence and, in the absence of all of them, will subrogate successively the president of the Senate, the president of the Chamber of Deputies and the president of the Court Supreme. In case of vacancy of the position of President of the Republic, the subrogation will be produced as in the situations of the previous paragraph, and will proceed to choose successor in accordance with the rules of the following incissos. If the vacancy is less than two years before the next presidential election, the president will be elected by the Congress, by the absolute majority of the senators and deputies in office. The election by the Congress will be made within ten days from the date of the vacancy and the elected will assume his position within the next thirty days. If the vacancy occurred two years or more for the next presidential election, the Vice President, within the first ten days of his term, will summon the citizens to the presidential election for the 60th day after the election. call. The elected President will assume his position on the tenth day following his proclamation. The President elected in accordance with one of the preceding incites shall last until the end of the term to which he is replaced and shall not be able to apply as a candidate for the following presidential election. " 17. Delete the fourth indent of Article 30, passing the current fifth and sixth points to be fourth and fifth, respectively. 18. Amend Article 32, in the following form: (a) Replace your number 2. º, by the following: " 2. Order, stating the reasons, to be summoned to any branch of the National Congress. In such a case, the session shall be held as soon as possible; ', and (b) its number 6. º 19. Add, to Article 37, the following second indent, new: " Without prejudice to the The Ministers must attend the special sessions of the Chamber of Deputies or the Senate to inform themselves on matters which, belonging to the scope of the duties of the corresponding Secretaries of State, agree to deal. " 20. Replace Articles 39, 40 and 41 with the following: " Article 39. The exercise of the rights and guarantees that the Constitution assures all persons can only be affected under the following situations of exception: external or internal war, internal commotion, emergency and public calamity, when they affect the normal development of the institutions of the State. Article 40. The state of assembly, in case of a foreign war, and the state of siege, in case of internal war or serious internal commotion, will be declared by the President of the Republic, with the agreement of the National Congress. The declaration shall determine the areas affected by the relevant state of derogation. The National Congress shall, within five days from the date on which the President of the Republic submits the declaration of a state of assembly or place to its consideration, decide to accept or reject the proposal, without can be modified. If the Congress does not act within that period, it shall be deemed to approve the President's proposal. However, the President of the Republic may apply the state of assembly or place immediately while the Congress is pronounced on the declaration, but in the latter state it may only restrict the exercise of the right of assembly. The measures adopted by the President of the Republic as long as the National Congress is not convened may be reviewed by the courts of justice, without the provisions of Article 41 D being applicable. It may be done only for a period of 15 days, without prejudice to the extension of the President of the Republic. The state of assembly shall remain in force for as long as the situation of foreign war is extended, unless the President of the Republic has previously suspended his suspension. Article 41. The state of disaster, in the event of a public calamity, shall be declared by the President of the Republic, determining the area affected by it. The President of the Republic shall be obliged to inform the National Congress of the measures taken under the state of disaster. The National Congress will be able to leave the declaration no more than one hundred and eighty days from this if the reasons that motivated it would have ceased in absolute form. However, the President of the Republic can only declare the state of catastrophe for a period of more than one year with the agreement of the National Congress. The agreement shall be dealt with in the manner laid down in Article 40 (2). Declared the state of disaster, the respective zones will remain under the immediate dependence of the Chief of National Defense designated by the President of the Republic. This will assume the direction and supervigilance of its jurisdiction with the privileges and duties that the law points out. Article 41 A. The State of Emergency, in the event of a serious disturbance of public order or serious damage to the security of the Nation, shall be declared by the President of the Republic, determining the areas affected by such circumstances. The state of emergency shall not be extended for more than 15 days, without prejudice to the possibility of the President of the Republic extending it for the same period. However, for successive extensions, the President will always require the agreement of the National Congress. The agreement shall be dealt with in the manner laid down in Article 40 (2). Declared the state of emergency, the respective zones will be left under the immediate dependence of the National Defense Chief to designate the President of the Republic. This will assume the direction and supervigilance of its jurisdiction with the privileges and duties that the law points out. The President of the Republic shall be obliged to inform the National 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 freedom of work. It may also restrict the exercise of the right of association, intercept, open or register documents and any kind of communications, arrange for the requisitions of goods and establish limitations to the exercise of the right of ownership. By the declaration of a state of siege, the President of the Republic may restrict freedom of movement and arrest persons in their own homes or in places that the law determines and which are not prisons or are intended for detention or detention. prison of common prisoners. It may also suspend or restrict the exercise of the right of assembly. The President of the Republic may restrict the freedom of movement and assembly by declaring a state of disaster. It may also arrange for goods to be requisitioned, to limit the exercise of the right of ownership and to take all the extraordinary administrative measures necessary for the early restoration of normal property. in the affected area. By declaring a state of emergency, the President of the Republic may restrict the freedoms of locomotion and assembly. Article 41 C. A constitutional organic law shall regulate the states of exception, as well as their declaration and the application of the legal and administrative measures that it would take to adopt under those states. This law shall provide for the strict necessary for the early restoration of constitutional normality and shall not affect the powers and functioning of the constitutional bodies or the rights and immunities of their respective bodies. headlines. The measures taken during the states of derogation may not, under any circumstances, be extended beyond the validity of the measures. Article 41 D. The courts of justice may not qualify the grounds or circumstances of fact invoked by the authority to decree the states of exception, without prejudice to the provisions of Article 39. However, in respect of particular measures affecting constitutional rights, there will always be a guarantee of recourse to the judicial authorities through the appropriate resources. The requisitions to be carried out shall give rise to compensation in accordance with the law. They shall also give the right to compensation for the limitations imposed on the right of property when they are deprived of any of their essential attributes or powers and thereby damage. " 21. Replace Article 45, as follows: " Article 45. The Senate consists of members elected in direct voting by senatorial constituencies, in consideration of the regions of the country. The respective constitutional organic law will determine the number of senators, the senatorial constituencies and the form of their choice. The Senators will last eight years in their position and will be renewed in turn every four years, corresponding to the representatives of the regions of the odd number and the next to those of the regions of the par number and the Region Metropolitan. " 22. Replace Article 46 by the following: " Article 46. To be elected senator, it is necessary to be a citizen with the right to vote, to have completed the average or equivalent teaching and to be thirty-five years of age on the day of the election. " 23. Introduce the following amendments to Article 47: (a) Remove the words "and senators" in the first indent. (b) Reposition, in the second indent, the phrase "of the senators to choose by direct vote" by "of senators", and (c) Replace the third and fourth points, by the following five incissos, by maintaining their final point: " The The vacancies of deputies and senators will be provided with the citizen who points to the political party to which the parliamentarian who produced the vacancy was elected. MPs elected as independents will not be replaced. The members of parliament elected as independents who have been nominated, together with one or more political parties, will be replaced by the citizen who points to the party indicated by the respective parliamentarian at the time of the vote. submit your nomination statement. The replacement must meet the requirements to be elected a deputy or senator, as the case may be. However, a Member of Parliament may be nominated to fill the post of a senator, and in that case the rules of the previous incisants must be applied to fill the vacancy left by the deputy, who upon taking up his new position will cease to be the one in which he is exercising. The new Member or Senator shall perform his duties for the term of the person who has been vacant. " 24. Replace Article 48 (1) by the following: " 1) To tax the acts of the Government. In order to exercise this attribution, the House may: (a) Adopt agreements or suggest observations, with the vote of the majority of the Members present, which shall be transmitted in writing to the President of the Republic, who shall give an informed answer by The Minister of State, who is in the middle of thirty days. Without prejudice to the foregoing, any Member, with a favourable vote of one-third of the members present in the Chamber, may request certain records from the Government. The President of the Republic shall count on the basis of the Minister of State concerned, within the same period of time indicated in the preceding paragraph. In no case shall the agreements, observations or requests for antecedents affect the responsibility (b) To provide a Minister of State, at the request of at least one third of the Members of the Member States, in order to ask him questions relating to matters relating to the exercise of his office. However, the same Minister may not be summoned for this purpose more than three times in a calendar year, without the agreement of the absolute majority of the members of the sitting. The Minister's assistance will be compulsory and must answer the questions and queries that motivate his summons, and c) Create special investigative committees at the request of at least two-fifths of the members of the sitting, with the object of to gather information concerning certain acts of the Government. The investigating commissions, at the request of a third of its members, may issue citations and request a background. The Ministers of State, other officials of the Administration and the staff of the State-owned enterprises or those in which the State has a majority stake, which are summoned by these committees, shall be obliged to appear and to supply the antecedents and information requested to them. However, the Ministers of State will not be able to be summoned more than three times to the same investigative commission, without the agreement of the absolute majority of its members. The constitutional law of the National Congress will regulate the functioning and the powers of the investigating commissions and the way to protect the rights of the persons mentioned or mentioned in them. 25. Enter the following amendments to Article 49: (a) Replace the reference to the second paragraph of Article 17, the same Article number (3), and (b) Substitute in No 8), the reference to the No. 8 of Article 82 by the Nº. 10 of the same article. 26. Replace Article 50, as follows: " Article 50. They are the powers of Congress: 1) To approve or discard the international treaties that the President of the Republic will present before his ratification. The approval of a treaty shall require, in each Chamber, the quorum to be held, in accordance with Article 63, and shall, as appropriate, be subject to the formalities of a law. The President of the Republic shall inform the Congress of the content and scope of the Treaty, as well as of the reservations he intends to confirm or to make. The Congress may suggest the formulation of reservations and interpretative declarations to an international treaty, in the course of its approval, provided that they proceed in accordance with the provisions of the treaty itself or the rules General of international law. The measures that the President of the Republic adopts or the agreements he holds for the fulfillment of a treaty in force will not require the approval of the Congress, unless it is a matter of their own law. The treaties concluded by the President of the Republic in the exercise of their regulatory powers shall not require the approval of the Congress. The provisions of a treaty may be repealed, amended or suspended only in the form provided for in the Treaties or in accordance with the general rules of international law. It is up to the President of the Republic to have the exclusive right to denounce a treaty or to withdraw from it, for which he will ask for the opinion of both houses of Congress, in the case of treaties that have been approved by him. Once the complaint or withdrawal has its effects in accordance with the international treaty, it will cease to have an effect on the Chilean legal order. In the case of a complaint or the withdrawal of a treaty that was approved by Congress, the President of the Republic must inform the President of the complaint within 15 days of the withdrawal or withdrawal. The withdrawal of a reservation that the President of the Republic has formulated and which the National Congress took into consideration when approving a treaty, will require prior agreement of the treaty, in accordance with the provisions of the Organic Law respective constitutional. The National Congress shall decide within 30 days from the receipt of the trade in which the relevant agreement is requested. If it is not pronounced within this term, the withdrawal of the reservation will be approved. In accordance with the law, due publicity must be given to facts that are related to the international treaty, such as its entry into force, the formulation and withdrawal of reservations, the interpretative statements, the objections to a reservation and its withdrawal, the denunciation of the treaty, the withdrawal, the suspension, the termination and the nullity thereof. In the same agreement approved by a treaty, the Congress may authorize the President of the Republic so that, during the validity of that treaty, he will dictate the provisions with force of law that he deems necessary for his full compliance, being in such a way that (a) the provisions of Article 61 (2) and (2), where applicable, in respect of states of constitutional exception, in the manner prescribed by the second paragraph of Article 40. '; 27. Article 51 should be repealed. 28. Replace Article 52 by the following: " Article 52. The National Congress will be installed and will begin its session in the form that determines its constitutional organic law. In any case, it shall always be understood as a full right to know about the declaration of states of constitutional exception. The constitutional organic law mentioned in the first paragraph will regulate the processing of the constitutional charges, the classification of the urgencies as stated in article 71 and all the related internal processing of the law. " 29. Amend, the first paragraph of Article 54, in the following terms: (a) In issue 2), replace the combination "and" with a comma (,) and interleave the expression "and the undersecretaries" between the term "aldermen" and the semicolon (;) that follows; (b) in the number 8), delete the conjunction "and" which appears at the end; replacing the comma (,) with a semicolon (;); c) In number 9) replace the end point by the conjunction "and" a comma (,), and d) Add the following number 10), new: " 10) The Commanders in Chief of the Army, the Navy and Air Force, the General Director of the Carabinieri, the Director General of the Police Investigations and officers belonging to the Armed Forces and the Forces of Order and Public Security. " 30. Replace, the third paragraph of Article 55, by the following: "By the mere fact of his proclamation by the Qualifier of Elections, the deputy or senator shall cease in the other office, employment or incompatible commission that he performs." 31. Replace, the first paragraph of Article 56, by the following: " Article 56. No deputy or senator, from the time of his proclamation by the Qualifier of Elections can be appointed for a job, function or commission of those referred to in the previous article. " 32. Add, to Article 57, the following final paragraph, new: "Deputies and senators may waive their charges when they are affected by a serious illness that prevents them from performing them and so is qualified by the Constitutional Court." 33. Replace in the second paragraph of Article 58 the sentence "or designation, or from that of incorporation, as the case may be," by "or from your oath, as the case may be, may be charged", and in the fourth paragraph replace the word 'defendant' shall mean, in Article 61, the following fifth, new, fifth and sixth points, to be the sixth and seventh points, respectively: ' Without prejudice to the provisions of the preceding paragraphs, the President of the Republic is hereby authorized to fix the recast, coordinated and systematised text of the laws when it is convenient for its best execution. In the exercise of this power, he may introduce the changes to him in such a way as to be indispensable, without altering, in any case, his true meaning and scope. " 35. Replace the first paragraph of Article 72, by the following: " Article 72. If the President of the Republic does not return the project within thirty days, counted from the date of its referral, it shall be understood to approve and promulgate it as law. " 36. Amend, Article 79, in the following terms: a) Eliminate, in its first indent, the phrase "and military war time tribunals", replacing the comma (,) following the word "Elections", by the copulative conjunction "and,", and, b) Delete your final paragraph. 37. Rule 80. 38. Amend Article 80 C in the following terms: (a) Substitute in the second subparagraph the sentence: 'shall last for 10 years in the performance of its duties', as follows: 'shall last eight years in the performance of its duties', and (b) Add the following: Third subparagraph: "The national prosecutor shall be subject to the provisions of Article 77 (2) in respect of the age limit." 39. In the final paragraph of Article 80d, the sentence 'shall last for 10 years in the performance of its duties', for the following sentence: 'shall last eight years in the performance of its duties'. 40. Replace, in the first paragraph of Article 80 G, the expression "four septmes" by "the majority". 41. Replace Article 81, as follows: " Article 81. There shall be a 10-member Constitutional Court appointed as follows: (a) Three appointed by the President of the Republic. b) Four elected by the National Congress. Two will be directly appointed by the Senate and two will be previously proposed by the Chamber of Deputies for approval or rejection by the Senate. The appointments, or the proposal as appropriate, shall be made in single votes and They will want to approve the two-thirds vote in favour of the two-thirds of the senators or deputies in the exercise, as appropriate. c) Three elected by the Supreme Court in a secret ballot to be held in session specially convened for this purpose. The members of the Tribunal will last nine years in their posts and will be renewed for a three-year term. They must have at least fifteen years of legal title, have been prominent in the professional, university or public activity, they may not have any impediment to the work of the judge, they shall be subject to the rules of Articles 55, 56 and 78 and may not be exercised by the profession of lawyer, including the judiciary, or any act of those established in the second and third subparagraphs of Article 57. The members of the Constitutional Court shall be immovable and shall not be re-elected unless he has been a replacement and has served for a period of less than five years. They will cease in their duties by 75 years of age. If a member of the Constitutional Court ceases to be in office, his replacement shall be carried out, in accordance with the first paragraph of this article and for the time remaining to complete the period of the replacement. The Court will operate in full or divided into two chambers. In the first case, the quorum for sessioning shall be at least eight members and at least four members. The Court shall adopt its agreements by a simple majority, except in cases where a different quorum is required and shall fail according to the right. The full Court will ultimately resolve the privileges indicated in the numbers 1st, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 11th of the following article. For the exercise of its remaining powers, it may function in full or in a room according to the respective constitutional organic law. A constitutional organic law shall determine its organization, operation, procedures and establish the plant, remuneration and status of its personnel. ". 42. Replace Article 82, as follows: " Article 82. They are the powers of the Constitutional Court: First to exercise the control of the constitutionality of the laws that interpret some precept of the Constitution, of the constitutional organic laws and of the norms of a treaty that deal with matters The Court of Justice of the Court of Justice of the Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union on the constitutionality that is raised during the processing of the bills or constitutional reform and the treaties submitted to the approval of the Congress; 4th to resolve the issues raised about the constitutionality of a decree with the force of law; 5th to resolve the issues raised on constitutionality with regard to the call for a plebiscite, without prejudice to the powers that correspond to the Qualifier of Elections; 6 ° Resolve, by the majority of its members in exercise, the inapplicability of a legal precept whose application in any management which is followed by an ordinary or special court, is contrary to the Constitution; 7th Resolver by the majority of the four fifths of its members in exercise, the unconstitutionality of a legal precept declared inapplicable in accordance with the provisions of the previous numeral; 8th Resolver the claims in case of that the President of the Republic does not enact a law when he is required to do so or promulgate a different text than that which constitutionally corresponds; 9th Resolver on the constitutionality of a decree or resolution of the President of the Republic that the Comptroller General of the Republic has represented unconstitutional, when it is required by the President in accordance with Article 88; 10 ° State the unconstitutionality of the organizations and movements or political parties, as well as the responsibility of persons who had participated in the facts that motivated the declaration of unconstitutionality, in accordance with the provisions of the sixth, seventh and eighth paragraphs of Article 19 of this Constitution. However, if the person concerned were the President of the Republic or the President-elect, the said declaration would also require the agreement of the Senate adopted by the majority of its members in office; 11. Article 49 (7) of this Constitution; 12th to resolve the contests of jurisdiction that arise between the political or administrative authorities and the courts of justice, which do not correspond to the Senate; constitutional or legal skills that affect a person to be appointed Minister of State, remain in that position or perform other functions simultaneously; 14º to rule on the inabilities, incompatibilities and causes of cessation in the position of the parliamentarians; 15º Qualify the inability invoked by a In the words of the final paragraph of Article 57 and rule on his resignation from office, and 16 ° Resolver on the constitutionality of the supreme decrees, whatever the vice invoked, including those that are dictated in the exercise of the autonomous regulatory authority of the President of the Republic when referring to matters which may be reserved for the law under Article 60. In the case of the number 1, the House of origin will send to the Constitutional Court the respective bill within five days of the one in which it is fully dealt with by the Congress. In the case of the number 2, the Tribunal may hear the matter at the request of the President of the Republic, of any of the Chambers or of ten of its members. It may also require the Court of any person who is a party to a judgment or pending administration before an ordinary or special court or from the first performance of the criminal proceedings, where it is affected in the exercise of its fundamental rights. by the provisions of the respective self-agreement. In the case of number 3, the Court may only hear about the matter at the request of the President of the Republic, any of the Chambers or a quarter of its members in exercise, provided that it is formulated before the promulgation of the law or the referral of the communication that informs the approval of the treaty by the National Congress and, in any case, after the fifth day of the dispatch of the project or of the communication. The Court shall, within 10 days of receipt of the request, decide, unless it decides to extend it for a further 10 days for serious and qualified reasons. The order shall not suspend the processing of the project; but the contested part of the project may not be enacted until the expiry of the period referred to, except in the draft of the draft budget or of the draft declaration of war proposed by the President of the Republic. In the case of the number 4. º, the question could be raised by the President of the Republic within ten days when the Comptroller's Office rejects the unconstitutional decree with force of law. It may also be promoted by any of the Chambers or by a quarter of its members in exercise in case the Comptroller has taken reason of a decree with force of law that is contested as unconstitutional. This requirement must be made within thirty days, counted from the publication of the respective decree with force of law. In the case of the number 5, the question can be promoted at the request of the Senate or the Chamber of Deputies, within ten days from the date of publication of the decree establishing the day of the referendum. The Court shall set out in its resolution the final text of the plebiscite consultation, where it is appropriate. If, at the time of the judgment, less than thirty days are to be given for the conduct of the plebiscite, the Court shall set a new date of between the thirty and the sixty days following the judgment. In the case of the number 6, the question may be raised by either party or by the judge who knows the case. It shall be for any of the Boards of the Court to declare, without further appeal, the admissibility of the matter provided that it verifies the existence of pending management before the ordinary or special tribunal, that the application of the legal precept The contested decision may be decisive in the resolution of a case, that the challenge is reasonably well founded and the other requirements laid down by the law are met. It will be up to this same room to resolve the suspension of the procedure in which the action of inapplicability has originated because of unconstitutionality. In the case of the 7th number, once the declaration of inapplicability of a legal precept has been settled in judgment, in accordance with the 6th of this article, there will be public action to require the Court to declare the unconstitutionality, without damage to the power of the latter to declare it on its own initiative. It shall be the responsibility of the respective constitutional organic law to lay down the eligibility requirements, in the case of public action, as well as to regulate the procedure to be followed in order to act on its own initiative. In the case of the 8th, the question may be promoted by either of the Chambers or by a quarter of its members in exercise, within 30 days of the publication of the contested text or within the following 60 days. to the date on which the President of the Republic had to carry out the promulgation of the y. If the Tribunal welcomes the claim, it shall enact in its judgment the law which has not been or will rectify the incorrect enactment. In the case of the 11th, the Tribunal will only be able to hear about the matter at the request of the Senate. There shall be public action to require the Tribunal to respect the privileges conferred upon it by the numbers 10 and 13. However, if in the case of the 10th person concerned were the President of the Republic or the President-elect, the request must be made by the Chamber of Deputies or by the fourth of its members in office. In the case of the number 12 °, the requirement shall be deducted by any of the conflicting authorities or courts. In the case of the 14th, the Court may only hear about the matter at the request of the President of the Republic or no less than ten sitting members of parliament. In the case of the 16th, the Tribunal may only be aware of the matter at the request of any of the Chambers made within thirty days following the publication or notification of the contested text. In the case of vices which do not relate to decrees which exceed the autonomous regulatory authority of the President of the Republic, a quarter of the members in exercise may also deduct that requirement. The Constitutional Court may be aware of the facts when it is aware of the powers indicated in the 10th, 11th and 13th numbers, as well as when it is aware of the causes of cessation in the position of a parliamentarian. In the case of the number 10º, 13th and in the case of the number 2 when required by a party, it shall be for a court of the Court to rule without further appeal, of its admissibility. " 43. Replace Article 83, as follows: " Article 83. Against the decisions of the Constitutional Court, no action shall be taken, without prejudice to the fact that the Court may, in accordance with the law, rectify the errors of fact in which it has incurred. The provisions which the Court declares unconstitutional may not be signed into law in the draft or decree with force of law in question. In the case of Article 82 N ° 16, the supreme decree shall be without full effect, with the sole merit of the judgment of the Court of Appeal. However, the rule declared unconstitutional in accordance with Article 82 (2), (4) or (7) shall be deemed to have been repealed since the publication in the Official Journal of the judgment in which the complaint is filed, which shall not produce any effect. retroactive. The judgments declaring the unconstitutionality of all or part of a law, of a decree with force of law, of a supreme decree or self-agreement, if any, shall be published in the Official Journal within three days of its giving. " 44. Replace the final article 87, by the following: " The Comptroller General of the Republic must have at least ten years of legal title, have been forty years of age and possess the other qualities necessary to be a citizen. with the right to vote. It shall be appointed by the President of the Republic with the agreement of the Senate, adopted by the three fifths of its members in office, for a period of eight years and shall not be appointed for the following period. However, when he is 75 years old, he will cease to be in office. " 45. Replace Article 90, as follows: " Article 90. The Armed Forces under the Ministry responsible for National Defense are exclusively constituted by the Army, the Navy, and the Air Force. They exist for the defense of the homeland and are essential for national security. The Order and Public Security Forces are only made up of Carabineros and Investigations. They constitute the public force and exist to give effect to the right, to guarantee public order and internal public security, in the form that is determined by their respective organic laws. They depend on the Ministry responsible for Public Safety. The Armed Forces and Carabineros, as armed bodies, are essentially obedient and not deliberative. The forces of the Ministries in charge of National Defense and Public Security are, in addition, professional, hierarchical and disciplined. " 46. Replace the second paragraph of Article 93, by the following: " The President of the Republic, by means of a decree founded and previously informing the Chamber of Deputies and the Senate, will be able to recall the Commanders in Chief of the Army, from the Armed and of the Air Force and the General Director of the Carabineros, if any, before completing their respective period. " 47. Replace Article 95, as follows: " Article 95. There will be a National Security Council to advise the President of the Republic on matters related to national security and to exercise the other functions that this Constitution entrusts. It will be chaired by the Head of State and will be made up 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 the Carabineros and by the Comptroller General. General of the Republic. In the cases that the President of the Republic determines, the ministers responsible for the internal government, the national defense, the public security, the foreign relations, and the economy and finance may be present in their sessions. of the country. " 48. Replace Article 96, as follows: " Article 96. The National Security Council shall meet when convened by the President of the Republic and shall require a quorum to be held in order to meet the absolute majority of its members. The Council shall not adopt agreements but shall adopt the regulation referred to in the final paragraph of this provision. In its sessions, any of its members may express their opinion in the face of some fact, act or matter that is related to the basis of institutional or national security. The minutes of the Council shall be public, unless the majority of its members determines otherwise. A regulation issued by the Council itself shall lay down other provisions concerning the organisation, operation and publicity of its debates. " 49. Replace the second paragraph of Article 99, by the following: " The creation, deletion and designation of regions, provinces and communes; the modification of their limits, as well as the fixing of the capitals of the regions and provinces, shall be the subject of of constitutional organic law. " 50. Replace the final paragraph of Article 116 by the following: " As not provided for in this Chapter, the rules on the formation of the law shall apply to the processing of the draft constitutional reform, and the rules must always be respected. quorums mentioned in the previous paragraph. " 51. Make the following amendments to Article 117: 1. Delete the first and second points; 2. Reposition, in the third indent, which becomes first paragraph, the expression "approves the majority of the plenary session" by "approve both houses", and 3. Replace, in the fourth and fifth points, which become second and third, respectively, the words "the Congress" by "both Chambers". 52. Repeal the final article. 53. Repeal the fourth, eighth, ninth, tenth, 1st, 12th, 13th, 14th, 15th, 16th, 17th, 15th, 19th, 20th, 21st, 21st, 20th, 21st, 22nd, 22nd, 21st, 21st, 21st, 21st, 21st, 21st, vigesimercera, vigesimuarta, vigesimaquinta, vigesimasexta, twenty-seventh, twenty-eighth, twenty-ninth, 30th, trigesimal, trigesimal, trigesimal, trigesimachint and 40th. " 54.-Incorporate the following Transitional provisions: " First. The term of office of the President of the Republic shall be six years, and shall not be re-elected for the following period. Quadagesimeregunda. The Senate will be composed only of senators elected in accordance with Article 45 of the Political Constitution of the Republic and the Constitutional Organic Law on Popular Votes and Elections currently in force. The amendments to the Organic Law on Popular Voting and Elections that will be related to the number of senators, the existing constituencies and the electoral system in force, will require the vote according to the three fifths of the of the deputies and senators in office. The current Member States shall continue to carry out their duties until 10 March 2006 in accordance with Article 45 (a), (b), (c), (d), (e) and (f) of Article 45. Quadragesimercera. The replacement of the current Ministers and the appointment of the new members of the Constitutional Court will be carried out in accordance with the following rules: The current Ministers appointed by the President of the Republic, the Senate, the Supreme Court and the National Security Council shall remain in office until the end of the period for which they were appointed or until they cease to be charged. The replacement of the Ministers appointed by the National Security Council will be the responsibility of the President of the Republic. The Senate will appoint three ministers of the Constitutional Court, two directly and the third before the proposal of the Chamber of Deputies. The latter will last in office until the same day as the one currently appointed by the Senate or whoever replaces it in accordance with the seventh paragraph of this article, and will be able to be re-elected. The current Supreme Court Ministers, who are in turn of the Constitutional Court, will be temporarily suspended in the exercise of their positions in the Supreme Court, six months after the present constitutional reform is published and without affect (i) the right to They shall resume those posts at the end of the period for which they were appointed in the Constitutional Court or when they cease in the Constitutional Court for any reason. The Supreme Court shall nominate, in accordance with Article 81 (c), the lawyers indicated in so far as the corresponding vacancies are generated. However, the first of them will be appointed for three years, the second for six years and the third for nine years. He who has been appointed for three years may be re-elected. If any of the current Ministers not referred to in the preceding paragraph shall cease to be in office, it shall be replaced by the authority referred to in Article 81 (a) and (b), as appropriate, and its period shall last for the reasons of its predecessor, which may be These will be re-elected. The Ministers appointed in accordance with this provision shall be appointed before 11 December 2005 and shall enter into office on 1 January 2006. Quadagesimal. The international treaties approved by the National Congress prior to the entry into force of the present constitutional reform, which deal with matters that under the Constitution must be approved by the absolute majority or the Four septal parties of the Members and Senators in office shall be deemed to have complied with these requirements. The competition contests currently held before the Supreme Court and those that are until the entry into force of the amendments to Chapter VII will continue to be established in that body until its total processing. The proceedings initiated, either on its own initiative or at the request of a party, or to be initiated in the Supreme Court to declare the inapplicability of a legal precept to be contrary to the Constitution, prior to the implementation of the reforms to Chapter VII, remain of knowledge and resolution of that Court up to its full term. Quadagesimaquinta. The reforms introduced to Chapter VII come into force six months after the publication of the present constitutional reform with the exception of the provisions of the Quadragesimercera Disposition. Quadagesesexta. The Order and Public Security Forces will continue to be dependent on the Ministry of National Defense until the new law created by the Ministry of Public Security is issued. Quadagesimeptima. The amendments set out in Article 54, No 2, will begin to take effect after the next general election of parliamentarians. Eighth. However, the amendment to Article 16 (2) of this Constitution will also suspend the right to vote for persons who have been prosecuted for acts prior to June 16, 2005, for crimes that deserve a penalty or for a crime that the law Qualify as terrorist conduct. Quadagesimanovena. As long as the special courts referred to in the fourth paragraph of Article 19 (16) are not set up, complaints arising from the ethical conduct of professionals who do not belong to professional bodies shall be known to the courts. ordinary courts. ' Article 2. Authorize the President of the Republic so that, by means of supreme decree, he may issue a recast, coordinated and systematized text of the Political Constitution of the Republic within a period of one year from the approval of the This reform. " And as soon as the National Congress has approved some of the observations made by the executive branch and discarded others; therefore, promulgate and take effect as a law of the Republic and have its provisions incorporated into the Constitution. Policy of the Republic, in accordance with the provisions of the final article 119 of this constitutional body. Santiago, 18 August 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Francisco Vidal Salinas, Minister of the Interior.-Eduardo Dockendorff Vallejos, Secretary General of the Presidency. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Rodrigo Egana Baraona, Deputy Secretary General of the Presidency.