CONSTITUTIONAL LAW OF THE NATIONAL CONGRESS The Government Board of the Republic of Chile has given its approval to the following Project TITLE I General provisions Article 1 °.-The composition, generation, attributions and functioning of the The Chamber of Deputies, the Senate and the National Congress will be governed by the Constitution and the constitutional constitutional laws that correspond. Article 2.-The rules of this law shall be subject to the internal processing of bills and constitutional reform; the approval or rejection of international treaties; the classification of emergencies; President of the Republic; the accusations made by the Chamber of Deputies and their knowledge of the Senate, and the functioning and the powers of the investigating committees. The provisions on appointment, promotion, |! |duties, rights, responsibility, cessation of |! |functions and, in general, all statutory rules |! |relating to Senate and Chamber staff of |! | Members, including requirements to serve the |! |charges, will be set in an internal rules of |! |each House, to the proposal of the Committee of the Regime |! | Interior of the Senate and of the Internal Regime of the House |! |of Deputies, respectively, approved with the |! govern, within each Corporation, for |! |the processing of a bill. In the case of the |! | Library of the National Congress, the Parliamentary Appropriations Resolution Council, the Parliamentary Audit Committee and the services |! |common, these regulations will be approved with the |! processing of a project |! |of law, on a proposal of the Commission of Library or of |! |the Bicameral Commission in its case. In all of these |! |regulations will be made available to the service |! |it is always carried out prior public contest. Any matter not specifically addressed in the |! |internal regulations indicated in the above paragraph, |! |will be governed by the provisions |! |applicable to the staff of the Public Administration. A Bicameral Commission made up of four |! | Senators and four deputies will be in charge of the |! |supersurveillance of the administration of the services |! |common. Its quorum for sessionar will be four |! |members, of which two must be Senators |! |and two Deputies, and will adopt their agreements by majority |! |absolute. He will serve as the Secretary of the Commission |! | Bicameral the Secretary of the Regime Commission |! | Senate Interior. The Library Commission will be |! |composed by the Presidents of both Corporations. The Director of that Service shall act as Secretary of the Service. Each Chamber must have a Regime Commission in charge of the supervision of the administrative and internal order of the services of the respective Corporation. The Library Commission will be in charge of the National Library of Congress. These Commissions will have the other privileges |! |that give them the law and the Regulations of each |! | House. The secretaries of the Chamber of Deputies and the Senate will be responsible for the administration of the personnel and the various services of the respective Corporation, in their capacity as superior service chiefs. The Director of the Library of the National Congress, with respect to that Service, shall be the same powers and powers. Fix the following plant for the staff of the |! | Senate: Categories N ° officials A 1 B 1 C 4 D 18 E 15 F 12 G 15 H 18 I 13 J 22 K 30 L 24 M 5 N 21 O 16 P 5 Q -- --- TOTAL 220 Set the following Plant for the staff of the Chamber of Deputies: Categories N ° Officials A 1 B 2 C 3 D 14 E 11 F 21 G 16 H 19 I 27 J 33 K 20 L 33 M 23 N 33 O 21 P 6 Q 1 --- TOTAL 284 Set the following plant for National Congress Library staff: Categories N ° officials A -- B 1 C 1 D 5 E -- F 10 G 2 H 15 I 17 J 24 K 11 L 11 M 15 N 5 O 3 P 3 Q 2 --- TOTAL 125 In remuneration systems will be established |! |equal treatment between the staff of both Cameras, |! |so that, to analogous functions, they import |! |similar responsibilities and are exercised in conditions |! |like, they are assigned equal pay |! |economic. The remuneration and income you receive will be taxable in accordance with the law. In any case, the maximum amount of imputability will be the |! |established in article 5 ° of the decree law No. 3,501, |! |of 1980. The resolutions pertaining to the career would work |! |the National Congress staff will be sent to the |! | Comptroller General of the Republic for the only |! |effect of their registration. Article 3.-For the exercise of the powers |! |and attributions that correspond to them, the Chamber of |! | Deputies and the Senate will have their own Secretariats |! |and the other services they require for their |! |organization and operation. The National Congress will provide, as services |! |common, in addition to the Library of Congress |! | National, of a Council Resolution of Parliamentary Appropriations, of a Committee of Parliamentary Audit and of the other services that agree to agree |! |create both Houses. When creating a common service, the same agreement |! |will establish its management form, and the functions |! |that correspond will be exercised by personnel to |! |hires, until the respective plant of |! |personnel is fixed. Article 3 (A)-Each Chamber may agree autonomously, after a favourable report by the Committee on the Rules of Procedure, the manner of contracting in accordance with the rules of the Labour Code and its supplementary provisions to those who shall lend services to the parliamentary committees and to the deputies or senators, during the performance of their posts and in tasks that are related to the exercise of the parliamentary function. However, such workers must comply with the rules of probity laid down in the regulation referred to in the fourth indent, and a clause which so provides must be included in the respective contracts. Without prejudice to the grounds provided for in Articles 159 and 160 of the Labour Code, the employment relationship referred to in the first subparagraph shall always be terminated by the loss of confidence of the committee or parliament for whom it serves, as well as for the cessation in the position of the MP for whom he was hired. The worker must be paid, at the time of the term, an indemnity which, in respect of his amount and limits, shall be subject to the provisions of Article 163 (2) of that Code. Each House, on a proposal from the respective Committee on the Rules of Procedure, shall issue a regulation setting out the minimum and maximum ranges to which the remuneration scheme of persons hired under the first subparagraph shall be submitted, This is subject to criteria of objectivity, transparency and arbitrary non-discrimination. It shall also regulate the formalities for invoking any of the grounds for cessation referred to in the third subparagraph and, in general, any other rule for the proper application of this Article. The Regulation referred to in the preceding paragraph shall determine the cases in which the provision of the services referred to in the first subparagraph may be contracted on the basis of fees. Article 4.-Each Chamber shall have the power to issue its own rules of procedure to regulate its internal organization and operation. The Chambers shall lay down in their regulations the provisions which shall be the subject of public access to information in accordance with Article 6 of Law No 20,285. These regulations shall indicate the authorities or internal bodies responsible for responding to the consultations which are made and the procedure for the subject of the complaints. Without prejudice to the grounds laid down in this law, the provision of information may be refused pursuant to Articles 21 and 22 of the Law on Transparency of the Civil Service and Access to Information of the Administration of the State, contained in the first article of Law No. 20,285. The complaints will be resolved in a single instance by the Senate's Ethics and Transparency Commission or the Chamber of Deputies, as appropriate. The provisions of Articles 24 to 30 and 33 of the Law of Transparency of the Civil Service and Access to Information of the State Administration shall not apply to the National Congress or its common services. It shall be for the Library Commission or, as the case may be, the Bicameral Commission referred to in the fourth paragraph of Article 2, to resolve, in a single instance, the claims to be made for these matters against the Library of Congress. National or other common services. Article 5 °.-The National Congress must be installed |! |on March 11, next to a choice of senators |! |and deputies. The National Congress will be understood after |! |the investiture of the majority of the members of each |! | House and that the members of |! |the respective tables have been chosen. The investiture of the senators or deputies will be done |! |by oath or promise, according to the |! |procedure that establish the regulations of the |! | Chambers, and from that moment will be considered in |! |exercise. Each Chamber, once installed, will initiate its activities in accordance with the calendar of sessions it establishes. The quadrilenium that begins with the installation of the National Congress will be a legislative period. The first session of each legislative period shall be as follows. For the purposes of the sixth paragraph of Article 51 of the Political Constitution of the Republic, it shall be for the President of each Corporation to verify compliance with the requirements to discharge the position of a deputy or senator, as appropriate. Article 5th A. The deputies and senators will exercise |! |their duties with full respect of the principles of |! |probity and transparency, in the terms they point out |! |the Political Constitution, this organic law |! |constitutional and the regulations of both Houses. The principle of probity is to observe a |! |impeachable parliamentary conduct and an honest performance |! |and loyalist of the function, with preeminence of interest |! |general about the particular. The principle of transparency is to enable and promote the knowledge and publicity of the acts and resolutions adopted by Members and Senators in the exercise of their functions in the Chamber and in committees, as well as the Chambers and their internal bodies, and their foundations and the procedures they use. The sessions of the Chambers, the documents and records thereof, the minutes of their debates, the attendance and the votes shall be public. The agreements adopted by the committees, as well as the background in their sessions and the attendance of Members of Parliament and invited to the sessions of the committees, shall be public. At the end of each session of the committee, the above will be summarized. The same rule will apply to parliamentary committees. Commission reports shall be made public since they are made available to the respective Chamber. These reports shall give an account of the participants in their meetings, of their debates, of the background and documents considered, of the agreements reached and of their essential foundations and of the result of the votes, duly individualized. Commission sessions shall be held without the assistance of the public, unless otherwise agreed by the absolute majority of its members. The recording materials of the committees ' secretariats and parliamentary committees, such as recordings, notes or other instruments of support for this work, will not be public. When the publicity of the sessions and the records considered by the Chamber and the commissions affect the due performance of the functions of these organs, the rights of the persons, the security of the Nation or the national interest, the President of the respective Corporation or commission, with the favorable vote of two-thirds of the senators or deputies-in-office, in the first case, or of the two-thirds of the members of the commission, in the second, may declare the secret stating the basis of such a declaration. In any case, the sessions and votes of the Senate will not be public in order to resolve the rehabilitation of the citizenry. The sessions, documents, antecedents, minutes and votes shall always be secret when referring to matters for which the President of the Republic has requested, in accordance with Article 32 of the Political Constitution of the Republic. Each Chamber shall have a Parliamentary Ethics and Transparency Commission responsible for ensuring, on its own initiative or at the request of an MP, respect for the principles of probity, transparency and access to public information, and to know and to punish the failures of the parliamentary ethics of the members of their respective Corporations. Each House shall elect the members of these committees for the three-fifths of its members. The members of the Bureau of each Corporation may not be included. The appearance before these commissions shall be obligatory for the senator or deputy who has been summoned, after agreement adopted by the two-thirds of its members, in a session specially convened for this purpose. The regulations of each House shall establish the procedure by which their members shall be elected, the types of admonition and the amount of the fines they may impose and the quorum to meet and adopt their agreements and resolutions, which shall be public when they are of a definitive nature or so agreed by the commission. Article 5 B. The members of each of the |! | Chambers may not promote or vote on any subject that |! |interests directly or personally to them or their |! |spouses, ascendants, descendants or collateral |! |up to the third degree of consanguinity and the second |! |affinity, inclusive, or people tied to |! |them for adoption. All in all, they will be able to participate in the |! |debate by previously warning the interest that they, |! |or the people mentioned, have in the matter. Do not govern this impediment in matters of a kind |! |general that interest the guild, profession, industry |! |or trade to which they belong, in elections or in |! |those matters that matter the exercise of some |! |of the exclusive attributions of the respective Chamber. Article 5º C. Deputies and senators shall |! |effect, within thirty days from which |! |have assumed office, an affidavit of |! |interests before a notary of his or her domicile or of the |! |city where he holds his sessions National Congress. Interest is understood to be enforceable |! |for the declaration referred to in Article 60 of |! |the law No. 18,575. The original of the declaration will be protocolized |! |in the same note where it was borrowed and, if necessary, |! |in another corresponding to the address of the declarant. |! | In addition, within the fifth day, copy of the |! |protocolization will be sent to the secretariat of the respective Chamber, |! |where it will be maintained for its public consultation. Any |! |person will be able to obtain copy of the instrument |! |protocolized, at its cost. A facsimile of the statements shall be published on the electronic sites of the respective Corporation. Deputies and senators will have to update their declaration each time a change in their interests occurs. The senators will have to update it, in addition, within thirty days of the beginning of a legislative period. The deadlines referred to in this article, |! |the secretary of each chamber will give to the advertising the |! |individualization of the parliamentarians that you would not have |! |made your declaration. Article 5 (D)-Members and senators shall also, within 30 days of their assumption of office, carry out an affidavit of assets on the same terms as Articles 60 B, 60 C and 60 D of the Law Nº 18,575, Constitutional Organic of General Bases of the State Administration, before the Secretary General of the respective Corporation, who will maintain it for his public consultation. A facsimile of the statements shall be published on the electronic sites of the respective Corporation. In all other cases, the equity declaration shall be governed by the provisions of the preceding Article. Without prejudice to the foregoing paragraph, the non-timely filing of the equity declaration shall be sanctioned with a fine of ten to thirty monthly tax units. After 60 days after the declaration becomes enforceable, the offender shall be presumed to have failed to comply. However, the deputies and senators will have to update their statement between the sixty-thirty days before a parliamentary election. DELETED PARAGRAPH. DELETED PARAGRAPH. DELETED PARAGRAPH. DELETED PARAGRAPH. Article 5 ° E.-The non-timely filing of the declaration of interest or the declaration of assets shall be sanctioned with a fine of ten to thirty monthly tax units. Failure to comply with the obligation to update the declaration of interest or the equity declaration shall be punishable by a fine of five to fifteen monthly tax units. The commissions referred to in the final paragraph of Article 5 A shall meet and resolve the application of these penalties to the members of the respective Corporations. The procedure may be initiated on its own initiative by the committees referred to in the preceding paragraph or by denunciation of any interested party. The formulation of charges will give the affected MP the right to answer them within ten working days. If necessary, the probative period shall be eight days. All the means of proof can be used, being appreciated in consciousness. The final decision shall be issued by the Commission within 10 days of the date on which the last due diligence was taken. Notwithstanding the above, the infringer shall have a fatal period of 10 days, counted from the notification of the judgment imposing the fine, to present the declaration omitted or to correct it. If it does so, the fine may be reduced. In the event of a recidivism, the member of the Parliament shall be punished with a fine equal to twice the amount indicated in the first and second subparagraphs. Article 5 ° F.-It is the duty of parliamentarians to attend the sessions of the Chamber and of the committees to which they belong. Article 6.-Each session of the Congress shall be extended between 11 March of each year and 10 March of the following year. The meetings held by the Senate, the Chamber of Deputies or the Congress shall be called sessions. Article 7 °.-In cases where the Constitution does not establish special majorities, the resolutions of the Chambers shall be adopted by an absolute majority of its members present. In the calculation of the quorum and majorities, those who are suspended for the purposes of Article 61, final point, of the Political Constitution, and those who are absent from the country shall not be considered as senators and deputies in exercise. with constitutional permission. Article 8 °.-The agencies of the State Administration, legal persons created by law or companies in which the State has representation or contributions of majority capital, shall forward to the National Congress their memories, bulletins and other publications containing relevant facts concerning their activities. In the case of undertakings in which the State has representation or Contributions of majority capital, the remission of such antecedents shall be the responsibility of the Ministry through which they relate or link with the President of the Republic. Article 9 °.-The agencies of the State Administration and entities in which the State participates or has representation under a law that authorizes it, which are not part of its Administration and do not carry out business activities, they must provide the specific reports and records requested by the committees or by the duly individualized Members of the Chamber, or the committee. Such requests may also be made when the Chamber is not in session, but in such a case they shall be inserted in full in the Journal or in the Bulletin corresponding to the ordinary session following their request. Such reports and records shall be provided by the service, body or entity through the Minister of which he is dependent or by which he is bound by the Government, keeping the respective documents in reserve or secret. The Minister shall only provide them to the respective committee or to the House, where appropriate, in the secret session for these purposes. Except for the obligation referred to in the first and third subparagraphs, the bodies of the State Administration carrying out audit powers shall be exempt from documents and records containing information the disclosure of which, In the case of a confidential or secret, it may affect or may affect the development of an ongoing investigation. Article 9 (A)-Public undertakings established by law, companies of the State and companies in which they have a contribution, shareholding of more than 50% or a majority in the directory, irrespective of the status for which they are rijan, even those that according to their organic law must be expressly mentioned to be obliged to comply with certain provisions, must provide the specific reports and antecedents that are requested by the committees of the chambers or members of parliament duly individualised in session of the Chamber, or commission. Such requests may also be made, where the respective Chamber does not hold a session, but in such a case they shall be inserted in full in the Journal or in the Bulletin corresponding to the ordinary session following their request. However, they will not be required to deliver the reports and background when they: (a) relate to facts or antecedents which have the character of a reservation, in accordance with the provisions of the third paragraph of Article 10 of Law No 18.045 on the Market of Securities; or (b) Contain information subject to the established reserve duty In Article 43 and in the third indent of Article 54 of Law No 18.046, on Anonymous Societies; or (c) Sean documents, data or information that a qualified quorum law has declared reserved or secret, according to the causal Article 8 of the Political Constitution. In order to invoke any of these grounds, a prior agreement shall be required by three quarters of the members in exercise of the collegiate body responsible for the administration of the undertaking or company or of all the administrators. where it does not correspond to a collegiate body. If the committees or the parliamentarians insist on their request, the company or company will be obliged to provide the requested background or reports, unless it requires the Comptroller General of the Republic to, after the report of the Superintendence of Securities and Insurance, resolve that there are any of the causals mentioned above. For cases in which the report issued by the Superintendency of Securities and Insurance establishes that the refusal of the company to provide the required information is not covered by any of the causes mentioned in the third subparagraph, the Comptroller General of the Republic shall set a time limit for such information to be provided. In no case shall the requests for reports import the exercise of the powers referred to in the second subparagraph of Article 52 (1) (c) of the Political Constitution. Article 10.-The head of the respective State Administration body, required in accordance with the previous article, shall be responsible for the compliance with the provisions of that provision, the infringement of which shall be sanctioned, prior to the the administrative procedure that corresponds, by the Comptroller General of the Republic, when proceeding, with the disciplinary measure of fine equivalent to a monthly remuneration. In the event of recidivism, a fine equivalent to twice the amount indicated shall be imposed. He will also be responsible and will have the same sanction for his failure to appear, or that of the officials of his office, to the summons of a commission of some of the Chambers. Article 11.-The public force shall enter the seat of the National Congress only at the request of the president of the respective Chamber and for the sole purpose of preserving or restoring order and security within the chamber. TITLE II Basic rules for the internal processing of bills Article 12.-Every project shall be presented in the Chamber where it may originate in accordance with the Political Constitution and, in the case of motions, in the corporation to the belonging to its author. Article 13.-It shall be held in a room session of the respective Chamber of any project, prior to its study by any organ of the corporation. In no case shall we notice any motions concerning matters which, in accordance with the Political Constitution, must originate in the other Chamber or be initiated exclusively by the message of the President of the Republic. Article 14.-The basis of the projects must be accompanied by the same document in which they are presented, together with the background explaining the expenditure which may be imported by the application of its rules, the source of the resources which the demande initiative and the estimate of its possible amount. Article 15-The declaration of inadmissibility of a draft law or constitutional reform that violates the provisions of the first paragraph of Article 65 of the Political Constitution or of the request made by the President of the Republic of The President of the House of origin shall be the subject of the procedure laid down in Article 68. However, the Chamber of that Chamber may reconsider that statement. Nevertheless, if the Chamber of the House of Representatives is to reject the admissibility approved by the House of Origin in the second constitutional procedure, a joint committee of equal numbers of deputies and senators will be set up. to solve the difficulty. If the joint committee fails to agree or conclude that the initiative is inadmissible, it will be shelved. If it considers it admissible, it shall propose that it continue to be processed. This proposal from the Joint Committee must be approved, both in the House of origin and in the review, by the majority of the members present in each of them. If one of the Chambers rejects it, the initiative will be shelved. The fact that no such inadmissibility has been declared shall not preclude the power of the committees to do so. Such a declaration may be reviewed by the Chamber. In no case shall a project be admitted to a project that jointly proposes rules of law and constitutional reform, or which does not comply with the requirements laid down in Articles 12, 13 and 14 of this law. Article 16 °.-Projects containing precepts |! |relating to the organization and attributions of the |! |courts, shall be brought to the attention of the Court |! | Supreme for the purposes referred to in the second indent of Article 77 of the Political Constitution. The project |! |must be submitted to the Court when you notice it or in |! |any time before your vote in the Room if the |! |message or motion has been filed without the opinion |! |of that Court, or must be made later by the |! |chairman of the respective corporation or commission if |! |the provisions have been incorporated into another |! |opportunity or have been subject to modifications |! |substantial regarding those known by the Court |! | Supreme. Article 17. The Senate and the Chamber of Deputies shall establish in their respective regulations the standing committees they deem necessary to inform the projects submitted to them. However, each Chamber must have a finance commission, which is responsible for informing the projects regarding its impact on the budgetary and financial matters of the State, its agencies or companies. In any case, the finance commission should indicate in its report the source of the real and effective resources with which it intends to take care of the expenditure that the respective project means, and the impact of its rules on the country's economy. Article 17 A.-The Chamber, on a proposal from the respective committee, may recast two or more bills established in this Chamber, provided that all are in the first constitutional procedure and their parent or fundamental ideas have one of the direct relationship. As soon as possible, the authors will be consulted. Article 18. The Chambers may order the examination of a project to two or more united commissions or to appoint special commissions. Article 19 °.-The draft Budget Law |! |will be informed exclusively by a special commission, |! |that will be integrated with the same number of deputies and |! |senators who set the regulatory norms that |! |agree the Chambers. They will be part of it, in all |! |case, members of their respective commissions of |! |hacienda. The commission will be chaired by the senator who |! | choose from among its members and must remain |! |constituted within the month of September of each year. This special commission will set at every opportunity |! |its procedural rules and will form its breast the |! |subcommittees it needs for the study of the |! |various project items, without subjection on them |! |to the parity that it treats the previous. However, once the work has been completed that |! |corresponds to the special commission constituted as |! |the previous incisos, this one can continue to operate |! |for the only effect of carrying out a follow up of the |! |execution of the Law of Budgets during the |! |respective budget exercise, until it is |! |constitute the next special commission you should |! |report a new draft Budget Law. For the purposes of tracking, the |! |special commission will be able to request, receive, systematize |! |and examine the information relating to the execution |! |budget that is provided by the Executive of |!. Information available |! |from the Chambers or provide it to the special commission |! |you should report the following bill of Law of |! | Budgets. It will count towards it with a unit of |! |budget advice. In any case this task may be |! |involve the exercise of executive functions, or affect |! |the privileges of the Executive Branch, or perform |! |acts of oversight. Article 20.-The joint committees referred to in Articles 70 and 71 of the Political Constitution shall be composed of equal numbers of members of each Chamber, in accordance with the provisions of the regulations that both agree to, They will point out the same privileges and duties for senators and deputies. Article 21. Projects that are in the first or second constitutional process and the President of the Republic's observations to a bill approved by the Congress shall be informed by the respective standing committee. By unanimous agreement of the chamber, the procedure of the commission may be omitted, except in the case of the cases which, according to this law, must be informed by the commission on the hacienda. Article 22.-The commissions shall gather the records they deem necessary to inform the corporation. They may ask the authorities concerned for the appearance of those officials who are in a position to illustrate their discussions, in accordance with Articles 9 and 9 (A), to be given advice by any specialist in the field. (a) to request reports or to hear from the institutions and persons they deem appropriate. Article 23.-The projects, in each Chamber, may have general and particular discussion or other modalities to be determined by the Regulation. A general discussion shall mean that it relates only to the parent or fundamental ideas of the project and aims to admit or discard it in its entirety. In the particular discussion the project will be examined in its details. In any case, the projects that are in the first or second constitutional procedures will have a general discussion. For the above purposes, they shall be considered as parent or fundamental ideas of a project those contained in the message or motion, as appropriate. Article 24.-Only indications which are directly related to the parent or fundamental ideas of the project will be accepted. No information contrary to the Political Constitution may be accepted or new expenditure shall be imported from the State or its bodies, or from undertakings which it owns or which has a holding, without creating or indicating at the same time, the sources of resources needed to meet such expenditure. In the processing of bills, members of the National Congress may not make any indication that it affects in any way matters whose initiative corresponds exclusively to the President of the Republic, not even for the mere effect of put them in their knowledge. However, it shall be admissible to accept, reduce or reject the services, jobs, emoluments, loans, benefits, expenses and other initiatives on the subject proposed by the President of the Republic. Article 25.-The President of the Chamber or the Commission shall be responsible for resolving the question of admissibility or inadmissibility in respect of the particulars referred to in the preceding Article. However, at the request of any of its members, the Chamber or the Commission may, where appropriate, immediately reconsider the decision of its President. The inadmissibility statement may be made by the President of the respective Chamber or a commission, on its own initiative or at the request of any member of the Corporation, at any time during the discussion of the project. The fact that the question of admissibility or inadmissibility of an indication during the general discussion in the Chamber has not been raised does not preclude the right of the President of the Commission to make the statement or the Commission to immediately reconsider the resolution of its President. Once the question of admissibility or inadmissibility of an indication has been settled by the Chamber or its President, it shall not be reviewed in committees. The question of the admissibility or inadmissibility of indications settled in committees does not preclude the right of the Chamber of the Chamber to make the declaration of admissibility or inadmissibility of such indications. Article 26.-The President of the Republic may make present the urgency for the dispatch of a bill, in one or all of its formalities, in the corresponding message or by trade that will direct the president of the Chamber where he is find the project, or that of the Senate when the project is in a mixed commission. In the same document, he shall express the qualification that he gives to the urgency, which may be simple, sum or immediate discussion; if that qualification is not specified, the urgency is understood to be simple. The urgency and its qualification in respect of the two Chambers shall be deemed to be present, where the respective project is in the process of a joint committee pursuant to Article 20, unless the President of the Republic expressly circumscribe it to one of the Chambers. The provisions of this Article and Articles 27, 28 and 29 shall not apply to the processing of the draft Budget Law, which shall be released within the time limits laid down in the Political Constitution, with the preference that determine the regulations of the Chambers. Article 27.-When a project is qualified as a simple matter of urgency, its discussion and vote in the required Chamber shall be completed within 30 days; if the qualification is of a sum of urgency, that period shall be 15 days and, if I will request immediate discussion, it will be six days. The President of the Republic, who requires urgency, shall be given the message or office of the President of the Republic in the nearest session of the respective Chamber, and from that date the time of urgency shall begin to run. However, the emergency withdrawal offices will be governed by the act itself in which they are received at the Secretariat of the respective Chamber. Article 28. In the case of simple urgency, the Joint Committee shall have ten days to report on the draft. In the same way, each House will have to decide on the project that the committee takes. In that of the sum of urgency, the deadline will be five days for the mixed commission and five days for each House. In the immediate discussion, the deadline will be two days for the joint committee and two days for each chamber. Article 29.-The term of the respective session shall give rise to the expiry of the urgencies which are pending in each Chamber, except for those which have been presented in the Senate for the cases referred to in the Article 53 of the Political Constitution. Article 30.-The various provisions of the same project which, for their approval, require majorities other than those of the members present, shall be adopted in a separate vote, first in general and then in particular, with the special majority required in each case. Both the discussion and the vote will be carried out in the order that the provisions have in the draft. The rejection of a provision requiring a special majority of approval will also concern the rejection of others which are a consequence of that provision. Article 31.-The proposals to be made by joint committees shall not be the subject of indications and shall be voted on together. TITLE III Processing of the observations or vetoes of the President of the Republic to the draft law or constitutional reform Article 32.-The observations or vetoes that the President of the Republic makes to a bill or reform The Constitution, approved by the National Congress, will only be admitted when they are directly related to the parent or fundamental ideas of it, unless the ideas contained in those observations have been considered in the message. respective. It shall be for the President of the House of origin to declare the inadmissibility of such observations inadmissible where they do not comply with the provisions of the preceding paragraph. The fact that the observations in the Chamber of origin were deemed admissible does not obtain the right of the President of the House to review his inadmissibility. In the two cases provided for in the preceding paragraph, the Chamber of the Chamber concerned may reconsider the declaration of inadmissibility made by its President. The fact that no such inadmissibility has been declared shall not preclude the power of the committees to do so. Such a declaration may be reviewed by the Chamber. The declaration of ina This may be done at any time prior to the start of the vote on the relevant observation. Article 33.-If the President of the Republic totally rejects a constitutional reform bill approved by the Congress, the respective House will vote only if he insists on the entire bill. In such a case, the processing of the project shall be deemed to be completed by the sole circumstance that in one of the Chambers the majority of the two thirds of its members in exercise will not be reached to insist. Article 34.-If the President of the Republic will partially observe a constitutional reform bill approved by the Congress, two separate votes will take place in each House. The first, designed to determine whether the respective House approves or rejects each of the comments made; and the second, to decide whether, in the event of a rejection of any comments, the House insists on the maintenance of the observed. Article 35. Every observation made by the President of the Republic to the draft laws or constitutional reforms approved by the Congress must be approved or rejected in its entirety and, consequently, the vote will not be divided. to approve or reject only one part. For this purpose, it is understood that it constitutes an observation, and a single vote must fully understand it, the one that affects a certain text of the project, be it to the whole project as such, be to part of it, as a title, chapter, paragraph, article, point, letter or number or other division of the project, as required by the President of the Republic. If the President separates his observations with letters or numbers, each text thus differentiated shall be considered as a single observation. Article 36. If the Chambers reject all or some of the comments made to a draft law, and do not meet the quorum required to insist on the draft adopted by them, there shall be no law on the points of disagreement. The draft budget bill approved by the National Congress may be observed by the President of the Republic if it disapproves one or more of its provisions or quantities. However, the unobserved portion will govern as the Fiscal Year Budget Law for which it was dictated, starting from the 1st January of the respective year. TITLE IV Processing of constitutional charges Article 37.-The charges referred to in Article 52 (2) of the Political Constitution shall always be made in writing and shall be filed from the moment when the The Committee on the European Parliament and the Committee on the European Parliament's Committee on the European Parliament's Article 38.-In the same sitting as an indictment, the Chamber of Deputies will proceed to elect, to the fate and to the exclusion of the accusers and the members of the bureau, a committee of five Members to report if it comes or not the accusation. Article 39.-The person concerned with the charge shall be notified, personally or by way of identification, by the Secretary of the Chamber of Deputies or by the official appointed by him, within a third day of the count of the prosecution. In any case, you will be given to the affected person or to an adult person of your home or residence copy of the indictment. The affected person may, within the tenth day of notification, attend the commission to make his or her defence personally or to submit it in writing. The Secretary of the Chamber shall certify all the work in the respective file and shall communicate these facts to the administrative authority for the purposes of the third subparagraph of Article 52 of the Political Constitution. Article 40.-If the person concerned does not attend the session to be summoned or sent a written defence shall be made without his defence. Article 41.-The commission shall have a period of six days from the date of the appearance of the affected person or from the date of the agreement without its defence, in order to examine the charge and to rule on it. The last session to be held shall be lifted only when all the votes to be taken shall be completed. The report of the committee shall contain at least a statement of the actions and measures taken by the committee, a summary of the charge, the facts which serve as a basis and the offences, offences or abuses of power which are (a) to be charged in the case; a relationship of the defence of the accused; an examination of the facts and considerations of law, and the judgment or decisions taken by the commission. Article 42.-The time limit referred to in Article 41 (1) has elapsed, and even if the report has not been submitted, the Chamber shall be held on a daily basis to deal with the charge. For this purpose, and for the sole circumstance of having been notified in accordance with Article 39, the affected person shall be deemed to be fully entitled to all the sessions held by the Chamber. Article 43.-Before the Chamber of Deputies starts the debate referred to in the following article, only the affected person may deduce, in writing or in writing, the previous question that the charge does not comply with the requirements of the Constitution Politics points out. Deduced from the previous question, the House will resolve it by a majority of the Members present, after hearing the Members of the Rapporteur Committee. If the House takes the matter before it, the charge shall be unfiled. If I throw it out, the discussion about the impropriety of the accusation cannot be renewed and no one can insist on it. Article 44-The Chamber of Deputies shall proceed as follows: (a) if the report of the committee recommends the approval of the charge, the Member shall be given the floor to be held by the majority of the committee, and shall then be heard, if present, or the written defence to be read (b) if the report of the committee recommends rejecting the charge, a Member will be given the floor and then the person concerned may reply or, if he does not do so, a Member of Parliament who is in favour of being disposed of. Article 45. The affected person may rectify facts before the end of the debate. The same right will be the same as the committee's informant, when it recommends accepting the charge, and a deputy who supports it, when it has been rejected by the commission. Article 46.-In the last session held by the House to hear the indictment, its admissibility shall be voted on. The said session can only be lifted if the accusation is dismissed or if it is accepted. In the latter case, a commission of three deputies will be appointed to formalize it and continue before the Senate. The House of Deputies will have to communicate this fact to the Senate and to the affected, within the next twenty-four hours of the end of the session referred to in this article. The corresponding trade will be counted in the next session of the Senate. Article 47.-The fact that the Chamber of Deputies has brought an indictment pursuant to Article 52 of the Political Constitution has been brought to the attention of the Senate, the first of which will be to fix the day on which it will begin to deal with it. The fixing of the day will be done in the same session as you are aware of the accusation. If Congress is in recess, this determination will be made by the president of the Senate. Article 48.-The Senate or its President, as appropriate, shall fix as the initial day to begin to deal with the indictment of any of the persons between the fourth and the sixth, inclusive, who follow the one in which he has become aware of the The President of the European Union has been charged. The Senate will be summoned by the only ministry of law to daily special sessions, starting from the day set and until it delivers on the charge. Article 49.-The Senate shall cite the defendant and the committee of deputies appointed to formalize and pursue the charge to each of the sessions he holds to treat it. Article 50.-Members of the special committee shall be brought to the attention of the members. If they do not attend, they will be formalized with the Chamber of Deputies ' office. The defendant will then speak or read his written defense. The defendant may be represented by a lawyer. The members of the special committee shall be entitled to reply, and the defendant shall be doubled. The president will announce that the indictment will be voted on in the next special session. Article 51. Each chapter of the indictment shall be voted separately. A chapter shall be understood as a whole of the specific facts which, in the opinion of the Chamber of Deputies, constitute each of the crimes, infractions or abuses of power which, according to the Political Constitution, authorize to impose it. Article 52 °.-The result of the vote shall be communicated to the defendant, to the Chamber of Deputies and, as appropriate, to the President of the Republic, the Supreme Court or the Comptroller General of the Republic. Without prejudice to the foregoing, and for the purposes of the proceedings to be taken, all antecedents shall be referred to the competent court. Title V OF THE SPECIAL COMMITTEES INVESTIGATING Article 53.-The Chamber of Deputies shall establish, with the agreement of at least two fifths of its members in exercise, special investigative committees with the purpose of collecting information on to certain acts of the Government. These commissions, or even the unanimity of their members, may extend their mission to the knowledge of matters not included in the object or purpose considered in the agreement that gave rise to their formation. The investigating committees shall be composed of the number of members to be determined by the Regulation of The House of Representatives. The powers of these committees shall be extinguished by the expiry of the period laid down by the House for the performance of their duties. However, this time limit may be extended by the House, with the vote of a majority of the Members present, provided that the Commission has requested enlargement before its expiry. The last session of a special committee of inquiry within the time limit shall be extended for a period of 15 days, only to the extent that the latter agrees to the conclusions and proposals on the investigation to be included in the report to the Chamber. In any case, the term of the respective legislative period will matter the dissolution of the special investigating commissions. Article 54. The Ministers of State may not be summoned more than three times to the same special investigative commission, without the agreement of the absolute majority of its members. Citations and background requests will be agreed upon at the request of a third of the members of the special investigative commission. The summons may be extended to the official directly or through the head of the respective Service. In the first case a copy of the summons will be sent to the latter for the sole effect of his/her knowledge. In the case of State-owned enterprises or those in which the State has a majority stake, the summons shall be addressed to those who correspond to their legal representation, who may be accompanied by the persons appointed by the State administration. In the case of the Armed Forces and the Order and Public Security Forces, the summons will be issued to the superior of the respective institution, through the corresponding Minister of State. The authorities, officials and persons referred to above shall be required to appear at the sitting of the committee. They shall also provide the background and information requested by the Commission. If those relate to matters which, in accordance with a qualified quorum law, have the character of secret or reserved, or the matters referred to in the third paragraph of Article 9a of this Law, they may only be provided in session secret by the Minister of whose portfolio the requested body is dependent or related or by the legal representative of the undertaking in which the person who is to deliver them works. The background provided shall be kept in reserve or secret. Requests for a background shall be addressed to the Minister or the head of the Service to whose sector or field of competence the requested information is appropriate. In the case of State-owned enterprises or those in which the State has a majority stake, the application shall be addressed to the persons concerned by its legal representation. Article 55.-Persons who are obliged to appear and who are summoned by a special investigative commission, who are in any of the situations of exception described in Articles 302, 303 and 305 of the Criminal Procedure Code, shall not be required to provide a statement. However, they must attend the summons and record the reasons that give rise to the ability to abstain. Article 56.-If strictly necessary for the outcome of the investigation, by agreement of the majority of the members may be obtained the testimony of individuals or require them the antecedents that are considered relevant and necessary for the compliance with the task of the special investigating committee. The testimony of the individuals and the proportion of the antecedents requested will be voluntary. Article 57.-Those who attend the sessions of the special investigating commissions may be accompanied by an adviser or a lawyer in order to provide them with advice and provide them with the written or oral records they need for to respond to the queries made to them. The President of the Special Committee of Inquiry shall be responsible for ensuring that the rights of those who attend or are mentioned in their sessions are respected. In particular, it shall ensure that respect for actions or words which are not acted upon or which are opposed to their duties or which are contrary to their duties are not lacking and that respect for and protection of private life and the honour of the person and his family, professional secrecy and other constitutional rights. For the purposes of complying with the provisions of the foregoing paragraph, the President may, among other measures, make calls to order, suspend the session, temporarily excuse the person concerned from remaining in the session, dispense with the declaration. who has incurred the fault or admonished or censured the offenders, in accordance with the rules of procedure. Persons who are offended or wrongfully referred to in the course of an investigation shall have the right to clarify or rectify such allusions, if appropriate. The appearance of a person to a special investigative commission shall always be sufficient justification where his presence is required at the same time to comply with labour, educational or other obligations, and shall not cause adverse legal consequences under no circumstances. Article 58.-The report of the special committees of inquiry shall record the particulars indicated in the Rules of Procedure of the Chamber of Deputies. A copy of the report adopted by the House shall be sent to the President of the Republic. Title VI OF THE INTERNATIONAL TREATIES Article 59.-The approval of a treaty shall require the quorum to be met, in accordance with the provisions of Articles 54 and 66 of the Political Constitution, and shall, as appropriate, be submitted to the formalities of a law. For the purposes of the preceding paragraph, the Chambers shall decide on the approval or rejection of the treaty, in a single vote and with the highest quorum corresponding to the matters governed by its rules, stating which are the have required qualified quorum or constitutional organic. During the discussion of the Treaties, only the text of the operative part of the draft agreement proposed by the President of the Republic may be corrected, with the sole purpose of specifying the formal title or composition of the treaty, its date and place. The text of the document, which was authenticated by the Ministry of Foreign Affairs, was submitted to the National Congress. Article 60.-If the treaty contains any provision that incites the organization and powers of the courts, the Supreme Court must be heard in advance in accordance with the provisions of the second paragraph of Article 77 of the Constitution. Politics. Article 61.-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. Article 62.-The suggestion to make reservations and interpretative statements, in accordance with the third paragraph of Article 54 of the Political Constitution of the Republic, may have its origin in any of the Cameras. If one of them approves it, the suggestion will be passed to the other party for a decision, and if the latter accepts it, the President of the Republic will be notified of this. For the purpose of the eighth paragraph of Article 54 of the Political Constitution of the Republic, the President of the Chamber of Origin, in the communication to the President of the Republic of the approval of the Treaty by the National Congress shall record the reservations it has taken into consideration when approving it. Article 63.-If the President of the Republic adopts the decision to denounce a treaty or withdraw from it, he shall request the opinion of both Chambers of Congress, in the case of treaties that have been approved by the Congress. Each Chamber shall make its views known in writing within 30 days of receipt of the trade in which the opinion is requested. After this lapse of time, the President of the Republic, without one or both of the Chambers, will be able to dispense with the complaint or the withdrawal. The President of the Republic must inform the National Congress within the next 15 days of the complaint or the withdrawal. Article 64. The withdrawal of a reservation that the President of the Republic has made and which was considered by the National Congress at the time of the approval of a treaty, shall require prior agreement of the treaty in accordance with the provisions of this Agreement. law. The office for which the President of the Republic requests the agreement referred to in the preceding paragraph shall be submitted to one of the Chambers, which shall approve or reject it within a period not exceeding ten days from the receipt of the trade, at the end of which, having pronounced or not on the application, shall pass to the other so that it is expressed within the same period. After thirty days since the office was received without the National Congress ruling, the withdrawal of the reserve will be approved. Article 65.-If any of the Chambers rejects the agreement of the other in the passage of approval of an international treaty, a Joint Commission will be formed in the terms provided for in Article 70 of the Political Constitution. If the discrepancy is presented in the process of suggesting the formulation of reservations and interpretative statements or withdrawal of a reservation that the President of the Republic has formulated and which the National Congress took into consideration A joint committee of equal numbers of deputies and senators will be set up to approve a treaty, which will propose to both chambers the form and manner of resolving the difficulties. Titu Article 66-The Resolutive Council of Parliamentary Appropriations shall determine, in accordance with the budget of the National Congress and in accordance with the principles of the (a) to govern the parliamentary activity, the amount, the destination, the readjustability and the criteria for the use of public funds allocated by each Chamber to finance the exercise of the parliamentary function. In order to carry out such work, the Council will listen to the Senate and Internal Regime Committees of the Chamber of Deputies. The term "parliamentary function" means all the activities that senators and deputies carry out in order to fulfill the functions and powers conferred upon them by the Constitution and the laws. She understands the task of popular representation and the various political tasks carried out by those and the parliamentary committees. The Council shall consist of: (a) A former member of the Central Bank and a former dean of a faculty of administration, economics or law of any university officially recognized by the State. b) A former senator and a former MP who have served as MPs for a minimum of eight years. c) A former Minister of Finance, or a former Minister of Economy, Development and Reconstruction, or a former Director of the Budget Directorate of the Ministry of Finance. The councillors will last four years in their posts and will be able to be re-elected. The Council shall perform its duties in the legislative period following that in which it was elected. The Council shall be chaired by a member of the Board, who shall determine its members; it shall hold and adopt its agreements with the majority of its members, and shall meet at least once a year. The agreements, resolutions and operation of the Council shall be applicable, as appropriate, to the rules of this law relating to commissions. The members shall be elected, at least sixty days before the end of each legislative period, by the three-fifths of the senators and the deputies in office, on the proposal of a Bicameral Commission composed of equal number of Senators and deputies, who will have to be members of the Senate Committee on the Interior and the Internal Regime of the Chamber of Deputies, respectively. The vacancies of members of the Council shall be provided in the same way, within 90 days of the date on which they occur. The replacement will last until the end of the period that the replaced counselor was in. The members shall be immovable, unless they have been unable or negligent in the exercise of their duties, so qualified by the three-fifths of the senators and members of the sitting, at the request of the President of the Senate, or of the President of the Chamber of Deputies, or of five senators, or ten deputies. The Resolutive Council shall be constituted at the beginning of each legislative period, an opportunity in which it shall set its rules of internal operation in all that is not regulated by the regulation to be issued by a Bicameral Commission composed of four Members and four senators, elected by the Chamber of the Corporation to which they belong. This regulation must be approved, with the formalities governing the processing of a bill, by the absolute majority of the present members of the Senate and the Chamber of Deputies. The Bureau of each Chamber will implement the Council's agreements since they are aware of them and will order to publish them on the website of the respective Corporation. The Senate and the Chamber of Deputies shall provide the Council with the information it requires and shall provide the Council with the means and resources necessary for its operation. Article 66 A.-The Parliamentary Audit Committee shall be a common service of the National Congress and shall be responsible for monitoring the use of public funds to finance the exercise of the parliamentary function and to review audits The Senate, the Chamber of Deputies and the Library of the National Congress will carry out their institutional expenses. On the proposal of a Bicameral Commission made up of four deputies and four senators, elected by the Chamber of the Corporation to which they belong, the way in which the Committee will fulfill its functions will be regulated. This regulation must be approved, with the formalities governing the processing of a bill, by the absolute majority of the present members of the Senate and the Chamber of Deputies. The Audit Committee shall be composed of three professionals. One of them must have the title of lawyer and another must be the auditor's. They must at least give proof of 10 years of professional practice. The third will be an audit subject specialist. In this respect, those who have been held for more than five years in the Comptroller General's Office or registered, for the same period, will be preferred on the payroll of auditors of the Superintendency of Securities and Insurance. Each one will be selected by the Bicameral Commission, as indicated in the previous paragraph, of a three-person payroll, which will be proposed by the High Public Directorate Council in each case. This body will hold a public contest to select candidates for the charges. Such a procedure may include the participation of a company specializing in the selection of personnel. The members of the Parliamentary Audit Committee shall be appointed by the three-fifths of the senators and members of the exercise, on a proposal from the Bicameral Commission referred to in the preceding letters. They shall last six years in their office, shall not be re-elected and shall be immovable, unless they have been unable or negligent in the exercise of their duties, so qualified by the three-fifths of the senators or members of the sitting, request of the President of the Senate, or of the President of the Chamber of Deputies, or of five senators, or of ten deputies. The vacancies that occur will be provided, within ninety days of the date on which they originate, in the same way as was appointed who ceased to serve the position. Article 66 B. The audits shall be annual, for the period of 12 months starting on 1 April. The Parliamentary Audit Committee shall issue its report before 30 June of each year. The Committee will have to establish regular monitoring procedures, such as quoting MPs to make suggestions for them in order to correct the deficiencies it detects in the way they are using the funds and resources allocated, and carry out visits to monitor their use on the ground. Parliamentary committees that cease to exist for any cause shall be accountable to the Parliamentary Audit Committee for the funds and resources they received and which would not have been audited. The observations made by the Parliamentary Audit Committee shall be notified to the respective parliamentary or committee so that, within the following 30 days, it shall make its clarifications. The objections or objections that will not be corrected will be brought to the attention of the Ethics and Transparency Commission of the Senate or Chamber of Deputies, as the case may be. Without prejudice to the foregoing, such committees may, at any time and in the event of a serious background known to them, request that the Committee carry out a detailed examination of the way in which an MP or committee has | resources and funds they have received from the Corporation to which it belongs. No later than 31 August of each year, the Ethics and Transparency Commission of the Senate or the Chamber of Deputies shall resolve all matters subject to their consideration in this matter. Within five days of the date indicated, all audits shall be published on the electronic site of each Chamber. If any of the Commissions referred to in the foregoing paragraph considers, at any time, that the facts which give rise to the objections or objections, may be of a criminal offence, shall put the record in the knowledge of the Bureau of the Corporation to which the respective MP belongs. FINAL TITLE Article 66 C. It is for the President of each Chamber to take action on behalf of the Chamber before the Constitutional Court and the Superior Court of Justice. It will also be up to him to denounce the facts he knows according to his position and to review the crime and to link with the misuse of the resources to finance the parliamentary function. The foregoing shall be without prejudice to the faculty of the public ministry for the exercise of criminal action. In everything else, the judicial and extra-judicial representation of each House corresponds to the respective Secretary General. Article 67.-The Nation's Budget Law shall annually consult the resources necessary for the functioning of the National Congress, subject to the common budget classification for the public sector. For these purposes, the presidents of both houses will communicate to the Minister of Finance the budgetary needs of the National Congress within the deadlines and according to the modalities established for the public sector. Article 68.-Each Chamber shall establish the form in |! |that the funds corresponding to it shall be distributed. The |! |rules on internal transfers and the procedure that |! |will regulate the examination and approval of the accounts of expenses |! |respective will be fixed by each Chamber. For |! |these effects and without prejudice to the provisions of article 66 A every House will have a review commission |! |of accounts. The accounts of the National Congress will be |! |public and a synthesis of them will be published annually |! |in the Official Journal. Each House will determine the |! |way it will participate in the information system |! |administ rativa and financial established for the organs |! |and public services governed by the Law of Administration |! | Financial of the State, information that will credit the |! |compliance with the legal norms applicable to the Congress |! | National. The corresponding treasury service will communicate |! |monthly to the Ministry of Finance the advance of |! |budget execution. Article 69.-Declare that the movable property, |! |injured or not, that they alhajan the building of the Congress |! | National located in Santiago, in street Company between |! |the streets Bandera and Morande, that it was declared |! |historical monument by decree of the Ministry of |! | Public Education No. 583, 1976, belong to the |! | National Congress. Article 70.-The deadlines of days established in |! |this law will be of working days, with the exception of the |! |that they are related to the processing of the emergencies |! |and of the Law of Budgets. Final article.-This law will enter into force on March 11, 1990. TRANSITIONAL ARTICLES Article 1 °.-On 11 March 1990, at 10 |! |hours, citizens who have been proclaimed by |! |the Qualifier of Elections as senators or |! |elected deputies and those who have been appointed |! |senators in accordance with the Constitution, will meet |! |separately at the headquarters of the National Congress, with the |! |only object to proceed, respectively, to the |! |installation of the Senate and the Chamber of Deputies. These meetings will be presided over and |! |temporarily in each Chamber by the MP of |! |older you attend. Open the session, you will notice the office of the |! | Qualifier of Elections that proclaim the |! |senators and elected deputies. Likewise, in the Senate it will be |! |will account of the trades referred to the Secretary of |! |this Corporation by the authorities to which they are |! |it is up to the senators to appoint that they will integrate it, |! |according to article 45 of the Political Constitution. The senator or deputy who is provisionally preselected |! |in the respective Chamber, will take oath or promise |! |before the secretary of the corporation to which he belongs and, |! immediately, they will be done simultaneously the others |! |senators or deputies before that provisional president. Following the oath, the president |! |provisional will declare them invested in their character of |! |such. Followed, each Chamber will proceed to choose |! |their respective tables, by absolute majority of the |! |members present, for which they will have deadline up to |! |eleven thirty hours of the appointed day. If at that time no |! |have reached agreement to choose the |! |corresponding tables, the interim presidents |! |before alluded, will act as Senate President and |! |as Speaker of the Chamber of Deputies, |! |respectively, in the ceremony of the |! |presidential command. Finished the election, or expired the |! term indicated, the elected president or the caretaker, |! |in your case, will declare the respective installed |! |corporation, and will be up the session. The composition of the tables of the respective |! | Chambers will be communicated to the President of the Republic, to |! |the Supreme Court and the other Chamber. The transmission of the presidential command will take place |! |in the hall of honor of the headquarters of the National Congress, |! |in session of the Congress plenary that will take effect that |! on the same day 11 of March, at the thirteen hours, with the |! |deputies and senators that attendance. In the headboard |! |principal will take placement, in the seat of honor, the |! | President of the Republic, who will have to his right to the |! | President of the Senate and the Secretary of the Senate; to the |! |left of the President of the Republic, the President |! |elected, and to the left of the latter, the President |! |of the Chamber of Deputies and the Secretary of the same. |! | Members of Congress and other authorities, |! |officials and guests will be located according to the |! |respective protocol standards. In this session, the National Congress will take |! |knowledge of the proclamation of the President-elect that |! |has effected the Qualifier Court, after the |! |which the President-elect will lend, before the President |! |of the Senate, the oath or Article 27 of the Political Constitution is a promise provided in article 27 (4) of the Constitution. Article 2 °.-The regulations of the Chamber in force in 1973 will continue in force with the modifications that the respective Chambers can agree, without prejudice to the provisions of the Constitution and in this law. Article 3.-In accordance with the provisions of Article 19, Article 19 (3), fourth indent and the first transitional provision (b) of the Political Constitution, the accusations referred to in Article 52 (2) of the Constitution, only may be made on the occasion of acts taken on 11 March 1990. JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-SANTIAGO SINCLAIR OYANEDER, Army Lieutenant General, Member of the Government Board. In the light of the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had the right to approve the previous law, I have sanctioned it and signed it as a sign of promulgation. Take effect as the law of the Republic. Register with the Comptroller General of the Republic, be published in the Official Journal and insert into the Official Collection of the Comptroller's Office. Santiago, January 26, 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Carlos Cáceres Contreras, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to you-Gonzalo García Balmaceda, Undersecretary of the Interior. SENTENCE OF THE CONSTITUTIONAL COURT RELAPSE IN THE DRAFT OF THE NATIONAL CONGRESS OF THE NATIONAL CONGRESS Santiago, eighteen of January of a thousand nine hundred and ninety. seen: 1. That the H. Junta de Gobierno by officio N ° 6583/639 of 18 December 1989, has sent to this court the draft constitutional organic law of the National Congress, for the purposes provided for in Article 82 of the Constitution Policy of the Republic, in conjunction with Articles 48, N ° 2, second indent; 71, second indent, and 117, seventh indent, of the same Fundamental Charter; 2.-That, invoking the right of petition referred to in Article 19, No. 14 of the Constitution Policy, certain submissions have been made to this Court requesting that you have them present in the examination of the constitutionality of Articles 1 and 3 of the draft law, regarding the date of the transmission of the presidential command, with the senators referred to in Article 45, third indent of the Political Constitution and with the constitutional accusations. These presentations were signed by some professors of Public Law, by the Radical Party of Chile, by the Christian Democratic Party and by the Chilean Commission on Human Rights. And Considering: As for the scope of the law: 1 °.-That the scope of the constitutional organic law concerning the National Congress referred to by the Political Constitution, it should be understood that it is not limited to the cases that the Charter It is essential to point out, as are the matters relating to the internal processing of the law, to the urgencies, to the handling of the constitutional accusations and to the vetoes of the constitutional reform projects and to their processing, to which refer to Articles 48, 2, 71 and 117 of the Political Constitution. The organic law of the National Congress, responding to its character, can address many other aspects of the legislative function and the functions and functions that correspond to the Chamber of Deputies, the Senate and its members. However, it would not be up to the national constitutional law to qualify as a constitutional law, since there are matters that, without necessarily being complementary to those functions, will acquire the common law, as is the case with the staff plants, the structure of secretariats, the resources and internal security; as regards indications to a draft law: 2 °.-Article 24 of the draft law sent, in its First point says: " Only the indications that say direct relation with the ideas will be accepted (a) the project's matrices or fundamentals and the teeth to the best resolution of the case by the corporation. " That it is not possible to include among the indications that can be presented to a bill in the process those "having the best resolution of the matter by the corporation", since they can only be those that " have direct relation with the ideas Article 66 of the Political Constitution of the Republic expressly states: 3.-That any defendant has the right to the defence of a lawyer, as expressly stated by the Article 50 of the bill when referring to the defense before the Senate. In this way, it must be understood that the same right has the same right before the Chamber of Deputies from the moment when a charge against them has been notified. Otherwise, the constitutional right enshrined in Article 19, N ° 3 of the Political Constitution would be infringed; in relation to the date of the transfer of the presidential command: 4 °.-Article 1 of the draft law provides that the March 11, 1990, will assume the Presidency of the Republic the new elected President; 5 °.-That Article 30 of the Constitution of the Republic states that: " The President will cease in his office on the same day that his term is completed and " 6 °.-That by virtue of the precept of the thirteenth transitional provision of the same Constitution, the presidential term that began to rule on 11 March 1981 lasted the eight years that Article 25 of the Charter of Fundamental Rights, thus ending on 11 March 1989; 7 °.-That in accordance with the provisions of the first paragraph of the transitional twenty-ninth provision of the same Constitution, the Proposal submitted to plebiscite in accordance with the transitional twenty-seventh provision: " shall be understood The President of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic On 11 March 1990, 9 °.-That the regime of succession of the President of the Republic is established in this manner by Article 30 of the Political Constitution, which determines that: " The President shall cease in his office the same the day on which your period will be completed and the newly elected will happen "; 10 °.- the precept of the twenty-eighth transitional provision of the Constitution, in which, in regulating the situation that would have occurred if in the respective plebiscite the proposal of the Commanders of Chief of the Forces had been approved Armed and the General Director of the Carabineros, it is established that "the President of the Republic thus elected, will assume the position on the same day as he must cease the former and will perform his duties for the period indicated in the second paragraph of Article 25." Nothing could suggest that, when referring the constituent in the transitional twenty-ninth provision to the situation produced in the event of not approving the proposal submitted to plebiscite, it has admitted a different regulation in terms of the day that the new President must assume, maximally when the precept of the twenty-eighth transitional provision is found in full congruence in article 30 of the Constitution itself; 11 °.-That the article 28 permanent of the Constitution is put in the situation in which the President-elect "shall be prevented from taking office", exceptional case in which the President of the Senate, in the absence of this one of the Supreme Court and in the absence of this that of the Chamber of Deputies "will assume, meanwhile, with the title of Vice President of the Republic"; 12 °. In accordance with Article 29 of the Constitution, it is understood in harmony with the provisions of Article 29 of the Constitution, which refers to "temporary impairment, whether due to illness, absence of territory or other serious reason" for exercising the position. It should also be understood in harmony with the provisions of Article 49 of the Basic Charter, in which it refers to the " inability of the President of the Republic or of the President-elect when the physical or mental impairment is disabled for the exercise of their functions "; 13 °.-That consequently the nature of the impediment which, as provided for by the Constitution, would allow another authority to temporarily assume the leadership of the State, corresponds to an obstacle or incapacity of (a) to carry out the exercise of the functions for which he has been elected; 14 °. Article 27 of the Political Constitution states that the full Congress, meeting 90 days after the presidential election, will know of the ruling of the Court of Justice that proclaims the president-elect, so that in that same It is an act which takes the oath to carry out the duties faithfully and to assume its duties. It will acquire, by virtue of the above, an adjective rather than substantive character, in comparison with the perentoratory organisation of Article 30, which states categorically that must happen to a President when his term ends is the "newly elected"; 15 °. the date of the election of President of the Republic to be fixed on 14 December 1989, instead of the 11th of the same month and year, it is not for the legal rule that was to be issued for the purposes of the elections provided for in the provision 16 °.-That such a normal legal standard cannot be understood as subordinate to the regime of presidential succession established by the Political Constitution and, even less, that it could engender a power vacuum or discontinuity in the leadership of the State, obviously contrary to the spirit of the Constituent Assembly and to a harmonic interpretation of the constitutional text. It could also not be assumed that the legal system itself wanted to allow the existence of an impediment to the completion of the presidential succession which the Constitution itself has; 17 °. This is an area between the date of the end of a presidential term and the one in which the newly elected President is taking office, which are contrary to the constitutional rules and the regime and the opportunity of the In connection with the integration of the Senate: 18 °.-That the Article 1 of the transitional provisions states in its first paragraph that on 11 March 1990, citizens who have been proclaimed by the Qualifier of Elections as senators or elected deputies will meet at the headquarters of the National Congress. 19 °.-That the aforementioned provision makes only reference to the integration of the Chamber of Deputies and the Senate that have Articles 43 and 45 of the Fundamental Charter; 20 °. the case-law of the Court, established in judgment of 12 May 1989, in respect of the Bill that modified the constitutional organic laws N ° s. 18,603 and 18,700, concerning the political parties and the popular votes and votes, he pointed out in his third recital, approved by the unanimity of the members of the Court, that: " in accordance with the second paragraph of the provision Twenty-one-year-one must have application of those precepts of the Constitution that are indispensable for the election of deputies and senators to take place. " It is obvious, then, that among others, the articles concerning the composition and generation of the Chamber of Deputies and the Senate should be governed. Thus, according to Article 43 of the Constitution, the Chamber of Deputies must be composed of one hundred and twenty members elected in direct voting by the electoral districts that establishes the respective constitutional organic law; the Senate, in accordance with Article 45, shall be integrated with members elected in direct voting for each of the 13 regions of the country and, also, by the designated persons, representative of the highest functions of the Nation, which this precept points out "; 21 °.-That, consequently, the integration of the senators elected by the appointed organs In Article 45, or appointed by the President of the Republic, according to the same provision and recognized by the Constitution and the law as part of the Senate, it is not possible but to understand it of the full harmony of the norms of the Fundamental Charter and in agreement with the conception of the National Congress which it has established and which would not be able to disfigure; in relation to constitutional accusations: 22 °.-That the third transitory article of the draft notes that: " According to the previewed Article 19, point (3), fourth indent, and in point (b) of the first transitional measure Political Constitution, the accusations referred to in Article 48 (2) of the Constitution may only be made on the occasion of acts carried out on 11 March 1990 '; 23 °.-That the twenty-first transitional provision of the Constitution provides that until the current presidential term ends on March 11, 1990, and while the National Congress does not take office, Chapter V on the same Congress will not apply with just a few exceptions that are not relevant to the subject of the article of the project cited; 24 °-that within the set of provisions which are not applicable until the period and circumstances referred to above are met, Articles 48 and 49 of the Political Constitution are found, in whose numbers 2 and 1 respectively, the political judgment is required and grants the Chamber of Deputies the power to make accusations and to the Senate to hear them and to rule on them; 25 °.-That the 15th transitional provision, point B, number 5, established as the only case of accusations during the Presidential term ending on March 11, 1990, which " any individual individual (a) I shall submit to the Ministers of State for any damage which he may have wrongfully suffered for any act committed by them in the performance of their duties, giving the President of the Republic the power to decide with the agreement of the Governing Board; 26 °.-It follows from the above that, with the sole exception mentioned in the previous recital, during the whole of the presidential period ending on 11 March 1990 there has not been the possibility of a impeachment or impeachment such as those referred to in Articles 48 and 49 of the Political Constitution; 27 °.-That there has not been, in this way, an organ or tribunal with jurisdiction to know the facts that serve as the basis for an impeachment that could have formulated the accusations that Article 48 of the Constitution states, by acts implemented in the period ending on 11 March 1990. The jurisdiction of the Chamber of Deputies and the Senate to charge and resolve in matters of impeachment will only be born on March 11, 1990. The fact that their tribe It is not a legal reality, but when the Constitution itself provides for it, that is when they reach their full validity. all constitutional precepts at the end of the current presidential term; 28 °.-That it is proper to conclude that the performances fulfilled within that period, were developed in a different legal context to the one that will begin to be in force after that deadline. In this context, no body with jurisdiction in the case of the impeachment trial was held, which will only emerge after 11 March 1990. It is therefore not appropriate to admit that accusations can be found of those referred to in Article 48 of the Political Constitution in events which have occurred before such an organ has any legal existence; 29 °.-That it would not be possible, moreover, to admit that the National Congress has full legal life prior to March 11, 1990, since the Constitution expressly replaced it during that period by the Governing Board, and it was not possible to accept that they would be legally coexisted. both bodies; 30 °.-That, in consequence, if the Chamber of Deputies and the Senate will pass on to know and judge acts done before the indicated date, it would be violating article 19, No. 3 of the Political Constitution. In his fourth indent, the precept states that "No one can be tried by special commissions, but by the court which points to the law and which is established before it." According to the history of this provision, three alternatives were proposed in the Study Commission of the New Constitution: one, which the court should be determined before the initiation of the respective process; another, that it was before the the judgment of the judgment, and, the third, prior to the facts to be judged. This last option was held by Commissioner Don Jorge Ovalle, but it was not received by the Commission, which accepted the thesis of the establishment of the court prior to the initiation of the trial. The Council of State held the Commission's preliminary draft. However, the Governing Board modified the approval, thus rejecting the proposed alternative, so it is appropriate to conclude that the expression "prior to it" must be understood in the sense that the court must be determined with prior to the events to be judged. This results from the circumstances that the other alternatives mentioned were discarded one by the H. Junta de Gobierno and the other by the Commission of Study of the New Constitution; 31 °.-That if a political judgment is reduced by actions On 11 March 1990, there would be discrimination or inequality between persons who may be subject to prosecution. The impeachment trial has, as a fundamental objective, to obtain the dismissal of the convicted. Due to the circumstances inherent in the change of government that materializes on that date, such dismissal could not be given but in some of the cases provided for in Article 48 (2), creating inequality in the face of the law and the same organ. The Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the exists exclusively in respect of events occurring after its entry into operation, is It is possible to consider the rule of Article 7 of the Political Constitution properly respected when it states that " The organs of the State act validly after the regular investiture of their members, within their jurisdiction and in the manner prescribed by them. the law. " And, in the light of the provisions of Article 82, No 1, of the Political Constitution of the Republic and the other constitutional precepts referred to in the body of that judgment; and the provisions of Articles 34 to 37 of Law No 17,997 of 19 May 1997. of 1981. It is stated: 1. That Articles 2 °, second, 3rd, 8th, 11th, 53 °, 54 °, article 1, transitional, seventh, and transitional article 2 are rules of ordinary law and therefore it is not for this Court to rule on them. 2. That the sentence of the article 24 ° that says: "and the teeth to the best resolution of the matter by the corporation" is unconstitutional, ending, consequently, said article after the word "project". 3. That Articles 39 to 45 are declared constitutional on the understanding that the defendant can make his or her defense assisted or represented by a lawyer, in the same manner as he can do to the Senate under Article 50. 4. That the other articles of the bill not mentioned in the above points are of a constitutional organic law and are in accordance with the Constitution of the Republic. The present judgment was agreed by the unanimity of the Ministers, except as regards the declaration of constitutionality of the transitional article 3 ° of the draft and recitals 22 ° to 32 ° of the judgment, which had the votes in against the ministers, Mr Maldonado and Mr Garcia, who were for declaring this article unconstitutional. The vote against President Maldonado is based on the following considerations: 1.-That by means of the third transitional provision of the constitutional law of the National Congress, it is intended to limit the powers of the House of Members of the Senate of the Republic, in order to indict and judge the authorities indicated in Articles 48, N ° 2 and 49, No. 1 of the Political Constitution, since the constitutional accusations can only refer to acts carried out with after the installation of the Chambers. The constitutional basis for such a rule is necessarily based on the provision of the second paragraph of Article 48 (2) of the Charter of Fundamental Rights, which states to the letter: " The indictment shall be carried out in accordance with the constitutional organic law. 2.-That, even if no definition has been given of what is to be understood by a constitutional organic law, this same Constitutional Court has already contributed to determining its character and content. The object of these laws is to regulate certain matters that the Constitution itself has been taxatively pointed out, with which it is intended to preserve the ideal of the right contained in the Constitution in a more efficient way, proposing to protect with greater security of the country's legal institutions. The matters reserved for these laws cannot be the subject of legislative powers and need to be enacted in order to comply with the prior control of their constitutionality. From all this it is possible to conclude, that being these laws an exception to the common laws, their interpretation must be strict and cannot be extended by analogy; 3.-That in this way, there is no doubt to this dissident, that the said disposition It is unconstitutional because it transgresses the requirements of Article 48, No. 2, the second indent of the Political Constitution. In fact, the indicated norm refers to the future of the verb "to deal", a concept that, as the Dictionary of the Royal Spanish Academy points out, is "to make a business go through due process". It is clear then that the only purpose that must be pursued by the constitutional law of the National Congress in this matter is to order the different procedural actions that a constitutional charge must comply with in each of the Chambers. All other regulations, especially those aimed at making disquisitions about the origin of the constitutional accusations before or after certain dates, are undoubtedly a substantive and non-procedural provision, so it injures The mandate contained in the only constitutional provision giving rise to this provision of the organic law which is commented on and which is none other than Article 48 has already been mentioned; 4.-On the other hand, in the report accompanying the message of the President of the Republic in which the Government Board is referred to this project for consideration, it is given as the basis of the subject matter regulated in the article third transitory that " the accusation may be considered only with respect to acts carried out from the installation of the Chambers, as soon as during the previous period, the ability to charge was not attributed to any authority, and in the second term, because it is a legal principle that the norms should not, after the facts, create responsibilities "; 5.-That in this regard it is important to make present that in concept of this minister, there is another cause of unconstitutionality of the aforementioned rule. In fact, it is no doubt that since 11 March 1981, Chapter I of our Fundamental Charter, Bases of the Institutionality, was in full force. This Chapter lays down constitutional rules such as those contained in Articles 6 and 7 relating to the obligations to be fulfilled by the holders of power when exercising it and the effects which, the acts carried out in breach of these obligations 6.-That in such a predicament, it is not possible to validly maintain that the constitutional accusation against the government authorities that have acted without being subjected to the Constitution cannot have effects, since since the validity of the Charter It was essential that illicit activities were identified and that it was known that 7.-That, it is not possible to ignore the undoubted fact, in the opinion of this dissident that if the assumption is given that some authority did not submit their acts to the Constitution and to the rules of In accordance with the law, it must be pursued through the constitutional prosecution of its possible criminal, civil and civil liability. The opposite would be to enshrine the unjust principle that the authorities of the Nation may act with impunity against constitutional and legal precepts, thus giving a letter of existence to privileged persons or groups, constituting This is a blatant unconstitutionality for transgressing Articles 6, 7 and 19, No. 2, of the Political Constitution of the Republic. Minister García had the following considerations to reject the third transitional article of the draft: 1.-That the third transitional article prevents that: " the accusations referred to in article 48, N ° 2), of the Constitution, only may be made on the basis of acts of 11 March 1990 ', based on Article 19 (3), fourth indent, and in the second transitional provision (b) of the same Constitution; 2. Article 48 of the Political Constitution, in pointing out the exclusive powers of the House of In its number 2, it states: 'To declare whether or not there have been any charges which no less than 10 or more than 20 of its members are against' of the persons whom it follows: 3.-Article 49 of the same Charter, Note the exclusive powers of the Senate, precept in its number 1: "To know of the accusations that the Chamber of Deputies can enter according to the previous article"; 4.-That the transitional twenty-ninth provision of the Political Constitution It provides that the time limit for the presidential term which has been extended until 11 March 1990 has expired. 5.-That the hierarchical order of the different legal norms does not make it feasible for a legal provision to be restricted in advance and generically the exercise of an attribution of the National Congress, contained in the precepts of the Political Constitution; 6.-That it is not appropriate to invoke the impossibility that affected the Governing Board, as the predecessor of the National Congress, for exercise the right to make accusations, for that reason was expressly excluded by The political Constitution itself in its twenty-first transitional provision; 7.-That it would not be for this case either to understand compromised the norm enshrined in the fourth indent of Article 19 of the Political Constitution, given the the structure and powers conferred on the Chamber of Deputies and the Senate by the same Fundamental Charter adopted in 1980; 8.-Which, consequently, only the Chamber of Deputies and the Senate, when specifically making use of their powers, could to resolve that it is not up to a certain charge to make but with respect to acts following the validity of the law issued for its operation, which shall be in accordance with the provisions of the constitutional provisions. The sentence was written by the Minister, Mr. García, and by his authors: Return the project to the H. Junta de Gobierno, which is initialled in each of its sheets by the Registrar of the Tribunal, officiating. Sign up, leave a photocopy of the project and file. Please publish in the Official Journal. Role No 91. Pronounced by the Excmo. The Constitutional Court was composed of President Don Luis Maldonado Boggiano and the Minister of Finance, Marcos Aburto Ochoa, Eduardo Urzua Merino, Manuel Jiménez Bulnes, Hernan Cereceda Bravo, Mrs. Luz Bulnes Aldunate, and Ricardo Garcia Rodriguez. The Secretary of the Court of Justice, Rafael Larraín Cruz, authorizes.