In the last hours, a video of the former Minister of Justice, former Foreign Minister and former presidential candidate, Soledad Alvear, began to go viral, in which she referred to the development of the Constitutional Convention.
In the registry, the former authority made reference to a series of norms that were discussed in the constituent body related to Congress and the Judicial System.
Senate vs Chamber of Regions
In the registry, the former authority indicated that the Legislative Power, according to what is being proposed, eliminated the Senate. And that is serious, because within the Legislative Power there must be counterweights between the Senate and the Chamber of Deputies”.
According to the approved regulations, the Senate will be replaced by the Chamber of the Regions, which will have fewer powers than the current Upper House.
Among other powers, the new chamber will be able to debate constitutional reforms, states of emergency, laws related to health, housing and education.
Council of Justice
“The proposed design is pernicious. A Council of Justice is created, with members who do not guarantee independence in their appointments (…) The appointment of its members by Congress makes it extremely political”, added the former minister.
Alvear was referring to article 27 of the Justice Systems Commission, which proposes the creation of the body that will ensure the operation of courts.
According to the approved norm, “the Council of Justice is an autonomous, technical, joint and multinational body, with legal personality and its own assets, whose purpose is to strengthen judicial independence. It is in charge of the appointment, government, management, training and discipline in the National Justice System”.
This body is in line with what the current Supreme Court pointed out about separating the jurisdictional function from the administrative function within the highest court.
Regarding the integration, the dispatched article states that the council will be made up of 17 members. Of these, eight will be regular judges elected by their peers; two will be civil servants or professionals from the National Justice System elected by their peers; Two other members will be elected by the indigenous peoples in the manner determined by the Constitution.
In addition to them, the last five members will be elected by Congress, after determining the corresponding short lists by public competition, in charge of the Council of Senior Public Management.
In the video, Alvear also stated that “in the case of the Prosecutor’s Office, the appointment of the general council of the Prosecutor’s Office as a body superior to the Prosecutor’s Office is inappropriate. Let us remember that the Public Ministry is an executive institution, whose mission is to implement a criminal prosecution policy.”
The point debated within the Convention had been previously questioned by the current national prosecutor, Jorge Abbott, during his last public account.
In the instance, Abbott affirmed that there are norms that “they did not share” and warned that “the institutionality that is approved for the Public Ministry in the constituent process cannot respond to circumstantial ideological criteria.”
Although the rule that creates the figure of the superior council of the Public Ministry and that reduces the powers of the national prosecutor was discussed in plenary, it ended up being rejected by the plenary, so it must be reformulated again to be discussed again. .
Next, Alvear addressed the proposal for legal pluralism that was approved within the draft of the new Constitution.
“In addition, two types of justice are established. The one that governs the majority of Chilean men and women and indigenous justice. Let us remember that we have different indigenous peoples, for which several indigenous justices can be established, ”he assured in his video.
What does the approved standard indicate on this point? The article states that “the State recognizes the legal systems of the Indigenous Peoples, which by virtue of their right to self-determination coexist coordinated on an equal plane with the National Justice System.”
“These must respect the fundamental rights established by this Constitution and the international treaties and instruments on human rights to which Chile is a party. The law will determine the mechanisms for coordination, cooperation and resolution of conflicts of jurisdiction between indigenous legal systems and state entities,” said article concludes.
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Soledad Alvear criticizes norms approved in the Convention: What do the articles say? | Digital medium The Northern Fox
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