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The reform, which modifies article 93 of the Constitution, was admitted by Deputy Gabriel Silber (DC) with the support of his colleagues Iván Flores, Matías Walker, Víctor Torres and Daniel Verdessi. The text was also signed by Loreto Carvajal (PPD) and Leonardo Soto (PS).
He Constitutional Court ruling (TC) in which the project for the second withdrawal of 10% of AFP funds, promoted by deputy Pamela Jiles, was declared unconstitutional, continues to be strongly criticized by parliamentarians.
That especially for the casting vote of the president, María Luisa Brahm, who was head of the “second floor” of La Moneda during the first government of Sebastián Piñera, the same one who in 2013 appointed her as minister of the court.
That is why the deputy Gabriel SIlber (DC) presented this Wednesday a draft constitutional reform that aims to remove preventive control from the instance.
Specifically, the measure seeks to prevent the court from issuing a decision before bills are enacted and published.
It was also announced that, in the middle of the debate, an indication will be added to remove the casting vote and thus prevent situations such as the one recently registered from occurring: that a determination is made based on what the organ leader decides when the votes are 5 against 5.
The deputy Iván Flores (DC) spoke of wanting to “put reins on the TC” so that “it does not interfere in the tasks of the Legislative Power.”
“The Legislative Power legislates. The TC verifies, but not while the debate lasts “, He launched.
For his part, Silber (DC) said that since there was no challenge by the minister – having a clear conflict of interest – there was an abuse.
In addition, he founded the initiative as a way “to reestablish the lost equilibrium and guarantee the sovereign work of the National Congress ”.
In the opinion of deputy Leonardo Soto (PS), the decisions of the TC must be technical, separate from the political bodies. Along these lines, he stated that in this context there is an anomaly.
For his part, President of the Constitution Commission, Deputy Matías Walker (DC), said that “there was already a great agreement in the previous legislature regarding the elimination of preventive control, except perhaps for organic constitutional or interpretive laws of the Constitution.”
“We need a body that does the legislative post-work control, but not while legislating. What happened with the recent decision of the TC was an embarrassing fact: For the first time the TC declares unconstitutional, basically, an unconstitutional reform. We only had a precedent in 1973 and due to a question of form, that is why we must accelerate this debate ”, he added.
However, it does not seek to modify attributions that the opposition recognizes are under the jurisdiction of the TC and that are established in the Magna Carta, such as that of the “Safeguard of constitutional supremacy by virtue of the declaration of inapplicability due to unconstitutionality with respect to particular situations ”.
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