The law shall regulate the exercise of these supervisory and auditing powers. The proposed constitution is quite long arguably too long, since complexity is . Of the three appointments that correspond to the President of the Republic, one will last three years, a second will last six years and a third will last nine years. The law shall regulate the integration, competence and other aspects that are necessary for its proper functioning. They also have the right to age with dignity; to obtain sufficient social security benefits for a dignified life; to accessibility to the physical, social, economic, cultural and digital environment; political and social participation; a life free from abuse on grounds of age; autonomy and independence and the full exercise of their legal capacity with the appropriate support and safeguards. During the budgetary legislative process, the competent body will suggesta formula for the distribution of tax revenues, which will consider the distribution criteria established by law. The Office of the Ombudsman shall have the following powers: To supervise the bodies of the State and private entities that exercise activities of service or public utility, in the fulfillment of their obligations in the field of human rights. The National Health System incorporates actions of promotion, prevention, diagnosis, treatment, habilitation, rehabilitation and inclusion. The state of assembly shall remain in force for as long asthe situation ofinternationalarmed conflictis extended, unless the President of the Republic provides for its termination in advance or the Congress of Deputies and the Chamber ofDeputiesthe Regions withdraw their authorization. The Legislative Power must complete the processing of these projectswithin a period not exceeding twenty-four months from the date of their presentation. In the exercise of their functions, they shall maintain unity of action in order to apply a uniform approach throughout the territory of the country. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. The aforementioned periodsshall be counted from the entry into force of this Constitution. The State shall ensure a reasonable use of the waters. The purpose of the communal social assembly is to promote popular and citizen participation in public affairs. Opinions amending the administrative jurisprudenceof the Officeof the Comptroller shall be consulted by the Council. The regional social council and the communal social assembly will be installed and will become operational once theirrespective laws of organization, functioning and powersare issued. The presidency of eachcourtof appeals shall be exercised by a personelected by his peers. This right includes the freedom to profess andchange religion or belief and their free exercise in public or private space, through worship, the celebration of rites, spiritual practices and teaching. Within one year of the entry into force ofthe Constitution, thePresident of the Republic shall convene the constitution of anecologicaltransition commission. Guarantee popular participation and the strengthening of democracy. No person may be arbitrarily deprived of his liberty or restricted except in the cases and in the manner determined by the Constitutionand the law. Within six months, the first regional process will be initiated. Payments shall also be made in accordance with the chronological order laid down therein and after budgetary endorsement of the document ordering payment. Regional connectivity will be promoted with special attentiontoisolated, rural and hard-to-reach territories. With respect to the highest authorities of the State, the law will establish greater demands and standards of responsibility for compliance with the principles of probity, transparency and accountability. However, experts say the best constitutions are usually short and to the point. The 2022 Chilean national plebiscite was held on 4 September 2022,[1] in order to determine whether the public agreed with the text of a new Political Constitution of the Republic drawn up by the Constitutional Convention. Indigenous peoples and nations and their members, by virtue of their self- determination, havetheright to the full exercise of their collectiveand individualrights. To comply with the appointments staggered over time as established inarticle 378, paragraph 2, a draw shall be made only once, for each body empowered to appoint judges, at the time of make your appointment in the following terms: Of the four appointments to be made by the National Congress, onewill last three years, two will last six years and one will last nine years. Facts relating to the international treaty, including its negotiations, its entry into force, the formulation and withdrawal of reservations, interpretative declarations, objections to a reservation and its withdrawal, denunciation or withdrawal from the treaty, suspension, termination and nullity. The promulgation must always be made within a period of ten days, counted from when it isappropriate. The law shall establish the conditions for ensuring the exercise of this right. For the knowledge of a regional statute, the Congress and the Chamber will have a period of six months. These laws may only be approved if the President of theRepublic gives his sponsorship during the processing of the project. The law, through a process of participation and prior consultation, will create a timely, efficient and transparent procedure for the constitution ofindigenousterritorial autonomies. That the penalty of confiscation of property is not imposed, notwithstanding to confiscation in the cases established by statute. The President of the Republic elected for the period 2022-2026may not stand for re-election for the following period and shall continue in office with the constitutional powers for which he or she was elected. The other powers established by the Constitution and the law. Decisions taken in accordance with the preceding paragraphs may not bereviewed or challenged before other organs of the National Justice System. Freedom of education is guaranteed and it is the duty of the State to respect it. In communes with a rural population, a communal union of rural neighborhood councils may also be constituted. The Council will be organized in a concentrated manner. The Council of Mayors is an advisory bodyrepresenting all the communes of the autonomous region. Glaciers, protected areas, those established by statute and others declared by statute for reasons of hydrographic protection are excluded from all mining activity. Measures taken during states of emergency may not, under any circumstances, be extended beyond their validity. Exceptionally, the law may create taxes in favor of the territorial entities that tax the activities or goods with a clear identification with the territories. The removal of regional prosecutors may also be requested by the personserving as a national prosecutor. They make their decisions by the majority of their members present, unless this Constitution provides for a different quorum. Between territorial entities, the principle of non-guardianship applies. The Constitution recognizes the fundamental role of teachers, values and encourages the contribution of educators, educators, education assistants andtraditionaleducators. Any act in contravention of this article is null and void and will give rise to the responsibilities and sanctions that the law indicates. In addition, it is governed by the principles of efficiency, effectiveness, responsibility, publicity,good faith, interculturality, gender focus,inclusion, non-discrimination and sustainability. The Central Bank shall report periodically to the Congress of Deputies and the Chamber of the Regions in joint session on the implementation of the policies under its charge, the measures and general rules it adopts in the exercise of its functions and powers. Approve, modify or reject theregionalbudget, the regional development plan and the territorial planning plans . August 1, 2022. Those that regulate political organizations. The appeal against the final judgment shall be heard by the respective court of appeals. The State shall conserve, protect and care for Antarctica, through a policy based on knowledge and oriented toscientificresearch, international collaboration and peace. The law shall regulate its organization and other powers. hide caption. They are responsible for the conduct of their respective portfolios, for the acts that they sign and jointly and severally of those who subscribe or agree with holders ofother ministries. Trade union organizations will decide the scope of interests that will be defended through it, which cannot be limited by law. Some 7.88 million people voted against the text in contrast to 4.86 million voting in favor. A governor or a regional governor directs the regional government, exercisesthe function of government and administration and represents the region judicially and extrajudicially. powers entrustedtoitbylaw. With a participation rate of about 85 percent though voting became mandatory this year an overwhelming majority opted to reject the new constitution. The State shall plan and coordinate in an intersectoral manner the provision,provision and coverage of these services, under the principles of generality,uniformity, regularity andterritorialrelevance. Freedom of religion and spiritualbeliefis respected and guaranteedin Chile. In the same way, it will consider, at least, theimplementation of popular initiatives of local norms at the regional and municipal level, of a binding nature, as well as incident citizen consultations. Memorialand memorialsitesare subject to special protection and their preservationand sustainabilityare ensured. This will be financed by workers, employers and employers, through compulsory contributions and general income of the nation. Persons deprived of their liberty have the right to petition the prisonsauthority and the court of execution of the sentence for the protection of their rights and to receive a timely response. This authority will assume the direction and super vigilance of thoseareas with the powers and duties that the law indicates. For its approval, the amendment bill will need the concurring vote ofthe four sevenths of the members in office of the Congress of Deputies and the Chamber of the Regions. The Council of Justice may function in plenary or in committees. Dismissed ministers who have served less than half of their term may be appointed to theConstitutionalCourt. The organization of theregionalgovernment, in accordance with the Constitution and its statute. To institute the rules on the alienation of state property,regional governments or municipalities and on their lease,enabling titles for their use or exploitation and concession. The Vice-President who subrogates and the President who is appointed in accordance with the provisions of the previous paragraphshall have all the powers that this Constitution confers onthe President of the Republic. Inthe exercise of these powers, the Constitutional Court shall rule in accordance with the rules established in the previous Constitution and in Law No. The assets, rights and obligations of the Chamber of Deputies will be transferred to the Congress of Deputies, without a solution of continuity. It shall be the responsibility of the Office of the Comptroller General of the Republic to ensure compliance with gender parity in the governing and superior organs of the State Administration. In order to enjoy legal existence, associations must be formed inaccordance with the law. Please select the most appropriate category to facilitate processing of your request. In both cases, it will make its decisions for the majority of its members in office. The administration and use of its patrimony. The State guarantees its exercise through laws, affirmative actions and procedures. The organs of the StateAdministration, regional and communal governments, autonomous bodies, public enterprises, companies inwhich the State has a stake, legal persons that havefiscal resources or administer public goods and the others defined by statute shall be subject to the supervision and audits of the Office of the Comptroller General of theRepublic. 41 i), Promote training and education in human rights. Its Legislative Secretariat will be responsible for advising on the legal aspects of the laws they process. The rule of gender parity referred to in Article 6 shall be applicable to the collegiate bodies of popular election from the national, regional and local electoral process that is carried out immediately. Persons shallbe exempt from criminal liability for the offence set forth in article 62 of Decree-Law No. The Convention opened up pathways for public participation by individuals and civil society groups. Foreigners who have been living in Chile for at least five years may exercise this right in the cases and in the ways determined by the Constitution and the law. At that time, the assets, rights and obligations of theConstitutionalCourtwill be transferred to the Constitutional Court, without a solution of continuity. None of them may have a regressive character that unjustifiably diminishes, impairs or preventstheir exercise. Enforced disappearance, torture and other cruel, inhuman ordegrading treatment or punishment, war crimes,crimes against humanity, genocide and the crime of aggression are imprescriptible and non-amnesty. The Office of the Comptroller General of the Republic shall operate in a decentralized manner in each of the regions of the country through regional comptrollers. Energy infrastructure is of the public interest. From the day of their election or investiture, they may not be charged or deprived ofliberty, except in case of flagrante delicto, if the court of appeals of the respective jurisdiction, in full, does not previously declare that there is room for the formation of a case. These may be promoted by any of the organs of the LegislativePoweror by a quarter of its members in office, within thirty days of the publication of the contested text orwithin sixty days following the date on which the President or the President of the Republic should have promulgated the law. Itis theduty oftheStatetopromote and guarantee the adoption of measures for the effective participation of the whole of society in the political process and the full exercise of democracy. Propose to the regional assembly the creation of regionalpublic enterprisesor participation in regional enterprises for the management ofservices within its competence, as provided for in the Constitution, the lawand theregionalstatute. Promote popular participation in matters of regional interest. In particular, it is the responsibility of the Central Bank, in order to contribute tothewell-beingofthepopulation,toensure price stability and the normal functioning of internal and external payments. Although nearly every public opinion survey suggested the draft constitution was in trouble, Sunday's results were shockingly lopsided and a huge blow for President Gabriel Boric, a leftist elected last year largely on his pledge to shepherd through passage of a new constitution. The tax revenues generated by taxes are distributed between the central administration and the territorial entities in the manner established in the Budget Act. The agreement of the councilwill benecessary for the approvalofthe communal development plan, the municipal budget and the respective investment projects, and others determined by statute. Any bill may be subject to additions or corrections in the corresponding procedures, both in the Congress of Deputies and in theChamber of the Regions, if it intervenes in accordance with the provisions of this Constitution. The Office of the Comptroller General of the Republic shall issue an instruction regulating the situations described in this article. The Constitutional Court shall be installed within six months of the entry into force of this Constitution. Authorizations for the useof water shall be granted by the National Water Agency, of an inedible nature, granted on the basis of the effective availability of water, and shall oblige the holder to the use that justifies their granting. It is up to the workers to choose the level at which such negotiation will take place, including branch, sectoral and territorial negotiation. . He also stated, "If these water reservoirs are not considered in the legislation, we have the problem of leaving unprotected an important part of the Andes water cycle.". In the session following its dispatch by the Congress of Deputies and with the favorable vote of the majority, the Chamber of the Regions may require to hear a bill that is not of regional agreement. The organs of the Administration shall execute public policies, plans and programs and shall provide or guarantee, where appropriate, the provision of public services on a continuous and permanent basis. Its tasks consist of ensuring the ethical exercise of its members, promoting credibility and officially representing the profession before the State and the others established by law. By Patricio Navia | March 2, 2022. The State, together with indigenous peoples and nations, shall adopt positive measures for the recovery, revitalization and strengthening of indigenous cultural heritage. The foregoing shall also apply with respect toall the powers orpowers attributedtothe territorial entities. The senior management of the Electoral Service corresponds to a board of directors that will exercise exclusively the powers entrusted to it by the Constitution and the laws. Within three yearsofthe entry into force of this Constitution, the President of the Republic shall submit the bill or bills necessary to establish the administrative courts referredtoin article 332, merging the tax and customs courts, the Court. The National Water Agency is an autonomous body, with legalpersonalityand its own patrimony,which operatesin adecentralized manner and is responsible for ensuring the sustainable use of water forpresent and future generations, access to the human right to water and sanitation and the conservation and preservation of its associated ecosystems. Inthese functions, it must ensure respect for and promotion ofhumanrights, also taking into account the interests of the victims, in respect of whom it must adopt all the measures necessary to protect them, just like the witnesses. They must mainstream the gender approach in their institutional design, fiscal and budgetary policy and in the exercise of their functions. All documentation and private communication is inviolable, including itsmetadata. Elections took place in May 2021 to choose the 155 members of the Constitutional Convention. The State guarantees that appointments tothe NationalJusticeSystemrespect the principle of parity in all organs of jurisdiction, including the appointment of presidencies. Everyone has the right to a healthy and ecologically balanced environment. It has until July 5, 2022 to fulfill that mandate. Within a maximum period of three years from the entry into force of this Constitution,the President of the Republic shall implement the Policy forthe Restoration of Soils and Native Forest. These will provide the mechanisms, spaces, resources, digital literacy, training and civic education and everything that is necessary to realize such participation, which will be consultative, incident and, where appropriate, binding in accordance with the respective legislation. She or he shall serve for a term of four years and may be re-electedconsecutively only once for the following period. The law will regulate the bases of the civil service career, allowing the mobility of civil servants withinthe entire public administration and civilservicetraining, taking into account the territorial and cultural relevance of the place where the service is provided. By contrast, the document produced by Chile's special assembly was a confusing collection of 388 articles, said Claudio Fuentes, a Santiago political analyst. The establishment of maximum debt limits as a percentage of the annual budget of the respective regional and municipal government and the obligation to maintain an updated risk classification. Everyone has the right to the protection and promotion of computer security. Compensation shall not proceed where the deprivation of liberty has beenordered on grounds based on the actual conduct of the accused. The distribution of taxes established in the Budget Law. The provisions of the preceding paragraph shall not apply in any case to authoritieselected bypopularvote. Associations of territorial entities shall in no case alter the territorial organization of the State. When accepting or rejecting the action,thejudicial procedurethatcorrespondsin law and that allows the resolution of the mattermust be indicated. Appropriate legislation would ensure that this resource is used in a sustainable way and is preserved for future generations." Chileans abroad are part of the country's political community. The law will classify the communes into different types, which must be considered by the organs of the State for the establishment ofdifferentiatedadministrative and economic-fiscal regimes, the implementation of policies, plans and programs. On September 4, more than 15 million Chileans voted in the plebiscite on the approval of a new Constitution. 45 46. 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