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Like a bomb the sayings of the President Sebastián Piñera -clear for some, ambiguous for others- of yesterday very early in the Meeting of the Sofofa Industry.
Talking about the possibility of a second withdrawal of 10% from the AFPs, the First President indicated that “As a government, naturally we are going to try to correct this constitutional loophole in the legislative process (which, according to him, some parliamentarians carry out), and otherwise we are going to resort to the Constitutional Court (TC), because it is not only an option, it is an obligation “, which marks a change of position regarding the first withdrawal, when he did not go to the TC, created through a constitutional reform that was materialized through Law Nº 17.284 of January 23, 1970, and which today is chaired by Maria Luisa Brahm , who was chief adviser to the Presidential Cabinet during “Piñera 1” and heads the TC since August 28, 2019.
The professor of Constitutional Law of the Andres Bello University, Jorge Astudillo, explains what the presidential announcement means.
“The President can activate a preventive control of constitutionality. This means that if this occurs, the TC must carry out an examination of the constitutionality of the norm before it enters into force. This requirement can be formulated before the promulgation of the law, and in no case after the fifth business day of the project dispatch. The TC must resolve within a period of ten days from the receipt of the request, unless it decides to extend it for up to another ten days for serious and qualified reasons The requirement will not suspend the processing of the project, but the contested part of the initiative may not be promulgated until the expiration of the referred period “.
The academic of the School of Law of the University Academy of Christian Humanism, Camila Troncoso, gives an account of the political factor in the TC.
“The TC does not act on its own initiative, it does so at the request of the Executive or the Legislature. And we must also not forget that the members of the TC are politically appointed, so it could be said that the current one is charged to the Government. In addition, In the event of a tie, the president decides, in this case, a former official of the first government of Sebastián Piñera. I believe that if the presidential petition reaches them it should be resolved quickly, not beyond 15 days, due to the high public interest it generates. Recently it was reported that the TC was taking a long time in its resolutions, but it would be unpresentable if it took too long on this issue. That is why thinking of an answer for March would be very unlikely. “.
From a political point of view, the professor Marco Moreno, from the Central University, says that “the announcement of going to the TC is not the best way to face governance problems, as this will further tighten the political environment and increase mobilizations. The Government acts for 20% of the Rejection and to try to rescue normal supporters of the center-right for the 2021 elections. It is a very risky electoral calculation. Even going to the TC could be a requirement of the Minister of Finance, Ignacio Briones, not to leave. But it would be better to focus on solving the country’s problems. The TC appears as a wrong strategy, considering that for the first withdrawal he did not leave. And it is clear that the second project has as much or more parliamentary support than the initial one. “
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