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He constitutional Court disclosed the detail of his sentence in which he declared unconstitutional the project of the second withdrawal of 10 percent promoted by deputies, and He assured that parliamentarians cannot present projects on matters that are the exclusive initiative of the President.
In the document -which has 127 pages-, the ministers Iván Aróstica, Cristián Letelier, José Ignacio Vásquez, Miguel Ángel Fernández and the president of the instance, María Luisa Brahm (whose vote was casting), pointed out that their decision was based on two postulates: first, that The TC “is assisted by full jurisdiction to resolve, in accordance with the law, all the questions -of form and substance- that are discussed during the processing of a constitutional reform project“.
Second, they indicated that “the sovereignty of the derived Constituent is doubly limited, both by the unrestricted subjection that it owes to the principles of legality and separation of powers, as well as by the comprehensive respect that it owes to fundamental rights.”
Taking this situation into account, the ministers stated that the bill presented by the parliamentarians “contradicts articles 6 and 7 of the Fundamental Charter, (…) since No magistracy or authority is allowed to appropriate the powers established in another organ of the same State, not even under the pretext of extraordinary circumstances “.
“The matter in question can only be the subject of a quorum law qualified as a presidential initiative, in accordance with current constitutional regulations, and the author of the questioned bill (the Parlament) lacks competence to act in the same“, indicated.
The judgment also indicates that pension funds “have a predetermined destination, protected by the Constitution. “Therefore, “It is not lawful to give them another public application different from those that justified their creation, unless a new state of necessity is established “.
TC Sentencia Second withdrawal of Cooperativa.cl in Scribd
“It is unusual”
As happened when the TC’s decision was first known, the dissemination of its arguments generated conflicting parliamentary reactions between the ruling party and the opposition.
For him Deputy DC Matías Walker, president of the Lower House Constitution Commission, failure “It is unusual, because it extends the (exclusive) initiative of the President of the Republic, which is typical of matters of law, to matters of constitutional reform“.
Sentence “implies, in fact, a kind of de facto constitutional reform“, said the Falangist legislator, who emphasized that it is about”an eminently political ruling, which tries to clothe itself with legal grounds, but clearly does not succeed. “
“We are going to continue processing all the constitutional reform projects in the Chamber of Deputies,” warned Walker.
A similar opinion was expressed by PPD Senator Felipe Harboe: “The resolution of the TC it is extremely delicate, because it tries to limit the power of the Legislative Power, which is, by essence, the legislator, granting the President the exclusive power to make certain types of constitutional reforms “.
“That is extremely serious and sets a precedent that, obviously, will have to be resolved by the constituent process… I think The Constitutional Court, with this ruling, ended the possibility of continuing as isHarboe pointed out.
Alessandri admits problem with the “political cuoteo”
In the ruling party, the reading is opposed: the Evópoli deputy Luciano Cruz-Coke I affirm that The ruling makes it clear what the role of both the Government and the Legislative Power isIt is also clear that, in terms of spending, the attribution is exclusively presidential.
“The issue that there has been a casting vote is proper to the Constitutional Court, but finally the ruling is clear in terms of determining that it does not correspond to other powers of the State to invade the exclusive prerogatives that the Constitution provides to another power of the State”, raised.
He UDI deputy Jorge Alessandri, while, He pointed out the importance of having an organization like the TC, although he admits that some modifications are necessary, for example, ending its quoted composition.
“Obviously that its way of functioning one can correct it and to put more members, exclusive dedication, a quorum … Those are things that, of course, we can talk about, but it is useful to have constitutional experts (there is no doubt, “said Alessandri.
“I like, for example, the model from Germany, where (the members of the Tribunal) are people from a curriculum so impressive on a technical level, that they are proposed unanimously, but not because of its political color. ”
Instead, in Chile “we have rather a political quota system, and I don’t like that part of our TC”, recognized the union member.
