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After the setback that La Moneda suffered with the decree that the President sent to increase the powers of oversight of municipal inspectors in the midst of the pandemic, and after entering a new document, the Comptroller’s Office took note of this, but “with scope.”
The intention of the Executive was that the heads of the national defense, without prior intervention of the President, could “directly issue instructions to all the officials of the State, of their companies or of the municipalities that are in the area, with the sole purpose of remedy the effects of public calamity, and, in particular, for an adequate implementation of the sanitary measures adopted. “
That was endorsed, however, the comptroller set two limits: that the non-intervention of the President in the delivery of instructions does not prevent the control and responsibility of the civil authorities, and that in no case, the heads of defense can alter the attributions of the organs of the State, since a modification of that nature must be carried out by means of a law processed in the Congress.
In other words, the main objective sought by the decree sent by Palacio, will not be met, since it will not be possible to transfer control powers to officials, since they correspond to the police.
“It should be borne in mind that the instructions that may be given by the heads of national defense, by virtue of the provisions of article 7, No. 5, of law No. 18,415, Constitutional Organic of the States of Constitutional Exception, they cannot, in any case, alter the functions and powers that the legislator has established in the organs of the State Administration, since the opposite would imply invading the legal reserve, “dictates the Comptroller’s resolution.
In addressing this determination, the Interior Minister, Gonzalo Blumel, indicated that they are going to “implement new collaboration measures” with the municipalities and, in addition, announced that they will be able to urgently promote the project that “increases sanctions and penalties for those who fail to comply with sanitary regulations “
In this regard, the mayor of Central Station, Rodrigo Delgado, president of the Association of Municipalities of Chile, said that in any case, “beyond the changes it is good news.” “It is true that sometimes there is inequality in the resources that each municipality has, but when our community needs us, it is good to have a support that says we can do it. We are going to coordinate with the head of defense and with all the institutions that so warrant, “he added.
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