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As a way “to reestablish the lost equilibrium and guarantee the sovereign work of the National Congress” the bench of DC deputies headed by Deputy Gabriel Silber, introduced today a bill that eliminates the preventive control of the Constitutional Court. The reform, which modifies article 93 of the Political Constitution of the Republic, was entered by the deputies Gabriel Silber, Iván Flores, Matías Walker, Victor Torres and Daniel Verdessi, it was also signed by the deputies of the PPD, Loreto Carvajal ; and from the PS, Leonardo Soto.
As stated by Deputy Silber, “in our opinion a worrying governance problem has been generated, even more so considering the year that President Piñera has left in his term. If during last year’s social crisis, we somehow balanced the situation with the necessary counterweight to the Executive from Congress, today the ruling of the TC broke that. For us it is a sine quanon condition, for the term of this mandate, that the healthy balance between the institutions is restored; a balance that this Court violated with your judgment for the withdrawal of funds “.
The president of the Constitution commission, meanwhile, Deputy Matías Walker, added 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 do the legislative post-work control, but not while it is legislating. What happened with the recent decision of the TC was an embarrassing event; for the first time the TC declared unconstitutional, basically, an unconstitutional reform, we only had a precedent in 1973 and for a matter of form, that is why we must accelerate this debate. “
On the other hand, the deputy Iván Flores specified that “the Constitutional Court has run amok on several occasions and the truth is that when this happens, you have to put reins on it; that, so that it becomes legally constrained and does not interfere in the tasks of a political-legislative power. Congress legislates and the Court verifies, but not while it is legislating “
The text entered adds that “in recent years, the various situations where the action of the Constitutional Court has been required in its role of preventive control of constitutionality or, under its mandatory control, the ruling that has been carried out has ended up affecting and even violating the will of the Legislative Power, the democratic representative of popular sovereignty.
“The above has ended up being an increasingly constant practice, diminishing constitutional powers established especially in the Fundamental Charter for the normal functioning of democratic institutions.”
Regarding the decision of the TC for the parliamentary reform that allowed a second withdrawal of funds, the bill argues that “this fact, which is currently known, implies a serious precedent that violates and restricts the attributions of the derived constituent power that falls to the Legislative power. The purpose of this declaration is to curtail the powers of a National Congress under the current Constitution, where the express powers to amend the constitution are stated by virtue of the very high quorums already established. “
It adds that “the recent decision on the unconstitutionality requirement formulated by HE the President of the Republic regarding the Project that Modifies the Fundamental Charter, to establish and regulate an exceptional mechanism for the withdrawal of pension funds, reveals the marked political role, by affect this to a constitutional reform project that is related to a second exceptional withdrawal of 10% of AFP funds, in circumstances that the first did not receive the same treatment by the highest political authority, HE President of the Republic, who promulgated through I decree the reform contained in Law No. 21,248, without recourse to the Constitutional Court. “
“Given this, it is proposed to eliminate the attribution currently enshrined for the Constitutional Court consisting of the mandatory and optional preventive control of constitutionality, in order to maintain in who represents and expresses the sovereign will, that is, the National Congress, the decision about of the laws and constitutional reforms that result from their approval by virtue of the specially established processing procedures.
In this way, the other actions that the Constitution establishes, among them, the protection of constitutional supremacy by virtue of the declaration of inapplicability due to unconstitutionality with respect to particular situations, will be maintained with respect to the Constitutional Court. “
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