To wait for the TC: the narrow margin of the Government in the battle of 10%



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The day yesterday Tuesday was not good for the Government, especially for the heads of the Treasury and the Segpres, Ignacio Briones and Cristián Monckeberg, respectively.

And it is that despite the negotiations and efforts, they were not able to take force the processing of the project they presented to face the reform that allows the second withdrawal of 10%. Because although the Executive’s formula also opens the door for contributors to access their funds, it sets restrictions and limits that were not convinced.

This was when the project entered, because most of those provisions ended up being discarded by the senators of the United Labor and Finance commissions. And not only because the opposition was not available, but because the ruling party demanded changes to approve. And they did, but altering matters that were fundamental for Palacio, such as the obligation to reimburse the funds.

“The mandatory contributions are for pensions and we have a huge challenge. These withdrawals harm future pensions and that is why we had strongly insisted on the importance of reimbursement, unfortunately we voted against it ”, said the head of the Treasury.

Among the changes introduced, it also highlights that not only active contributors will be able to withdraw, but also pensioners; the maximum withdrawal amount was increased from 100 to 150 UF; the payment period of 60 business days to 15 business days for the payment of the 50% requested, and from then on another 15 business days for the remaining balance to be paid; and it was also rejected that those who had APV or Account 2 had to use those funds first.

Thus, the project was much more similar to the reform promoted in the Chamber, and as the official senators reported in the session, little space is left for the ministers to replace said indications and convince their own.

For the rest, there is no clarity regarding when the initiative will be reviewed in the Chamber, since the president of the Senate, Adriana Muñoz, ruled out putting it on a table for today, although the initial proposals indicated that it would be voted upon after the revision of the reform promoted by Pamela Jiles.

That project, on the other hand, is on the right ground to be dispatched by Congress. According to estimates, He has the necessary votes, since the support of Manuel José Ossandón (RN), Juan Castro (RN) and Iván Moreira (UDI) are confirmed.

If the senators approve the document as it was dispatched by the Constitution, which looks more likely, it will go back to the House for a review and could be dispatched on Thursday. But if the modifications made in the Senate are rejected, it would go to the Mixed Commission, where the debate could be opened

Opposition puts all the pressure on La Moneda for 10%

With the support of the votes of at least three pro-government senators to carry out the constitutional reform that shapes the second 10%, the opposition closed the door to any type of negotiation with the Executive. In fact, they did not present indications to the project promoted by La Moneda. They already had a mechanism, and there was no reason to delegitimize it, they commented from that sector.

Of course, with the shadow of the Constitutional Court lurking, they chose to approve the President’s formula in general, they rejected the aspects that they did not validate and, thus, they left a window open in the event that the reform initiated in the Chamber be declared unconstitutional.

The task of the opposition is to dispatch the reform, hence, the ball has the Palace, commented the same sources. It will be their responsibility, they assured, if the TC stops the measure and if the money takes longer than expected to arrive.

And although the president of the Senate was criticized for maintaining that she will not put the official project on the table, she argued that it will be in a committee meeting that the matter will be resolved.

From the cabinet, the Minister of the Interior, Rodrigo Delgado, de-dramatized that point, called on his people to align themselves around what was promoted by La Moneda. “I am calling the senators of Chile. Let them evaluate this project. The Government’s project includes the needs of the people, but it is constitutional, ”he said.

The process in the TC

The lawyer Enrique Navarro explains the steps that the reform will face.

Admission to process

It is reviewed whether the writing clearly sets out the factual and legal grounds on the defects of constitutionality.

Admissibility

It is reviewed if the request is within the term and presented by the President or a quarter of the Chambers.

Reports

If it is admissible, the co-legislators are requested to report within 5 days and the allegations will be heard.

Failure

Since it is declared admissible, the TC has a period of 10 days, extendable once, to issue the ruling.



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