INSTITUTIONAL
FRAMEWORK
|
| Form
of Government |
Election
and relation between branches:
|
Presidential
Republic |
Territorial
organization:
|
Unitary Republic |
General Characteristics of the Legislature |
Name:
|
National
Congress (Congress de la Nación) (Corporaciones
is an informal way of calling Congress)
|
Name
of each chamber:
|
Chamber of Deputies (Cámara de Diputados);
Senate
(Senado o Cámara de Senadores).
|
Morphology:
|
Deputies
represent the people of the nation, organized in the
so called "electoral districts" (distritos
electorales) formed by comunes (comunas). There are
60 electoral districts.
The Senate represents the regions and is composed
of members elected through direct vote organized in
the so called "senatorial districts" (circunscripciones
senatoriales), in relation to the 13 regions of the
country. Each region is a senatorial district, except
six of them that each is divided in two senatorial
districts for being the most populated ones. (3)
The total number of senatorial districts is -then-
19, and each of them elect two senators.
|
Number
of seats:
|
Deputies:
120
Senate: 38
|
Number
of representatives per disctrict and number of districts:
|
Deputies:
2 representatives per each of the 60 electoral districts
(binominal districts).
Senate:
2 representatives per each of the 19 senatorial districts
(binominal districts). Until September 17th, 2005,
when President Lagos signed the new Constitution into
force, the following members also formed the Senate:
-
Former Presidents of the Republic that have been
in their posts for six consecutive years. These
senators will be by their own right and for life.
- Two
former Ministers of the Supreme Court. Elected by
the Supreme Court itself in successive votes and
should have been in their posts for at least two
consecutive years
-
One former General Comptroller of the Republic (Contralor
General de la República). Is also elected
by the Supreme Court and should have been in the
post for at least two consecutive years.
-
One former Commander in Chief of the Army, one for
the Navy, one of the Air Force and one former Director
of the Police Forces (carabineros), y un ex General
Director de Carabineros. They are elected by the
National Security Council (Consejo de Seguridad
Nacional) and should have been in their posts for
at least two consecutive years.
-
One former Dean of a state university or any other
recognized by the dnminsitration. Elected by the
President of the Republic and should have been in
their posts for at least two consecutive years.
- One
former minister of State that has been in the post
for at least two consecutive years, in previous
presidential terms to the one the appointment is
being made. Is designated by the President of the
Republic should have been in their posts for at
least two consecutive years. (4)
|
Length
of mandate:
|
Deputies:
Four year terms. Chamber is renovated completely at
the end of each term.
Senate:
Eight year terms. Chamber is renovated alternatively
every 4 years. At times districts with odd numbers
(5) and at times districts with even
numbers and the Metropolitan Region.
|
Requirements
and incompatibilities to become a legislator:
|
Deputies:
Be a citizen with the right to vote, be 21 years of
age, have never been condemned for any felony that
merits an afflictive penalty, have completed higher
education, (6) and reside in the
district to be represented for at least two years.
Senate:
Be a citizen with the right to vote, be 35 years of
age, (7) have completed higher education.
Incompatibilities:
The following public officials cannot become legislators:
Ministers of State, mayors (Intendentes y alcaldes),
governors, members of regional councils and councilmen/women,
members of the Council of the Central Bank, magistrates
of the Superior Tribunal of Justice and judges (jueces
de letras) members of the Constitutional Tribunal,
of the Electoral Tribunal (Tribunal Certificador de
Elecciones) and the Regional Electoral Tribunals,
the General Comptroller of the Republic (Contralor
General de la República), and persons that
perform a union or community type leading role, natural
persons and managers or administrators of juridical
persons (personas jurídicas) that celebrate
or bail contracts with the state, the National Attorney
(Fiscal Nacional), regional attorneys (fiscales regionales),
and deputy attorneys of the Public Ministry (fiscales
adjuntos del Ministerio Público).
Posts for Deputies and Senators are incompatible between
them and with any employment or commission paid with
public funds, the autonomous fiscal entities as well
as semi-fiscal or in the state owned enterprises,
or in those were the State participates with any percentage
of capital.
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Electoral
system:
|
Electoral
System:
Vote is compulsory for Chilean citizens. The president,
Legislators, Majors and Councilmen/women are elected
through different electoral systems.
Deputies:
- Representation: by relative majority.
- Lists: closed and blocked (two candidates per list)
Direct vote.
- Attribution of seats: if the majority gets two thirds
of the votes, it obtains two seats; if it gets less,
one is for the first majority and the other one for
the second. (8)
Senate:
- Representation: by relative majority
- Lists: closed and blocked lists (two candidates
per each list). Direct vote.
- Attribution of seats: if the majority party or coalition
gets two thirds of the votes, it obtains two seats;
if it gets less, one is for the first majority and
the other one for the second.
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Party
system
|
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Name
and number of relevant parties:
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Chile
has a multiparty system. But the most relevant parties
form two great majority coalitions that together group
eight parties. Together they sum around 90 and 95
per cent of the votes and all the seats are distributed.
These are: The Concertación de Partidos por
la Democracia- that groups the Partido Demócrata
Cristiano, Partido por la Democracia, Partido Radical
Socialdemócrata and Partido Socialista de Chile,
and the Alianza por la República -that groups
Renovación Nacional and Unión Demócrata
Independiente.
The Communist Party of Chile and the Humanista (minority),
legally constituted, have presented themselves in
the last elections without celebrating any pact or
coalition with any other party, and the non legalized
movements (9) are
mostly left winged except for the Partido Liberal.
Their legalization becomes difficult because, according
to the Constitutional Law of Political Parties (Ley
Orgánica Constitucional de Partidos Políticos)
they can exist when they are legally constituted in
at least eight regions or in a minimum of three geographically
adjacent.
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Ideology:
|
The
ideological spectrum goes from center left to the
center right. Each one is represented by the two majority
party coalitions that participate in elections: the
Concertación - the official party - at the
center left and the Alianza por Chile - the opposition
- at the center right.
|
|
Sources:
2005 Constitution
Rules
of the Chamber of Deputies
Rules
of the Senate
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LEGISLATIVE
STRUCTURE AND FUNCTIONING
|
| Origin
and evolution: |
July
4th, 1811 the First National Congress was created,
which emerged from the first Government Junta. This
happened in the context of the first independent tendencies
of the country, formally declared in 1818. It was
an unicameral Congress.
October
30, 1822 the Political Constitution of the State of
Chile (Constitución Política del Estado
de Chile) is sanctioned and passed, that creates for
the first time, the bicameral system (the Senate and
the Deputies Chamber). But Congress was not established
until 1828 with the Political Constitution of the
Republic of Chile (Constitución Política
de la República de Chile), with a liberal and
federalist approach (from 1822 to 1831 many provincial
assemblies were elected. With this Congress the First
Chilean Legislative Period begun and its numerical
correlation continues till today.
The
work of Congress was interrupted in:
- 1811;
- 1814 - 1817 (Period of the Spanish Reconquest);
- 1838 (only a conservative commission of the Senate
sessioned)
- 1891;
- 1924;
- 1932
- 1973-1990 Congress was disolved by a military dictatorship.
In
1980 a new Constitution was approved by the military
government. The territory is distributed in 13 senatorial
districts, (circunscripciones); the electoral system
for deputies is modified (new territorial organization),
and the figure of the institutional and lifetime senators
is created. In this reform a third actor appears:
The National Security Council (Consejo de Seguridad
Nacional). This body does not advice the President,
as happens in other democratic systems, but it deliberates
and decides, authorizes the administration, to use
constitutional exceptions. The authors of the text
of the eighties, took congressional prerogatives and
directed them to the National Security Council, as
a key facto in its constitutional innovation destined
to include the armed forces as tutors of the political
system and an element of balance and equilibrium of
powers in the political system.
In
1989 a new constitutional reform through plebiscite
divided six of those regions forming 19 senatorial
districts and limiting certain executive prerogatives.
Some
constitutional reforms succeeded to adapt the Magna
Carta to the political and institutional reality of
Chile in: 1997, 2000, 2001.
The
recent Constitutional reform of August 16th 2005 (not
yet formally approved), is considered by many to have
concluded the transition period from a military regime
to a consolidated democratic one. Mostly left wing
analysts reckon the transition will never be over
until there is a reform on the electoral system, a
binominal one which does not allow for minorities
to be easily represented.
The most important reforms are the following:
- It introduces new articles on probity. It established
publicity as a general rule.
- Presidential period is reduced from six to four.
- Reduced the permitted age to become President from
40 to 35 and been born on Chilean territory in no
longer a requirement, but be a holder of Chilean nationality
is.
- The President cannot appoint senators anymore.
- The President can retire Commander in Chief of the
Armed Forces, previously informing Congress (as from
March 2006).
- All the members of the Senate are elected by universal
suffrage (no more institutional senators or life long
Senators for former Presidents).
- Deputies have better tools to control de acts of
government: information requests to the executive
and the Executive is obliged to answer; deputies can
create Investigative Committees.
- Ministers are forced to personally attend special
sessions so that legislators inform.
- The "extraordinary Legislature" is no
longer in force. Congress is the only one that can
inaugurate or end the legislative period of sessions.
- There are two new inabilities to become legislative
candidate: one, Commanders in Chief of the Army, Navy
or Air Force, nor Director General of Police Forces
(carabineros), or public officials of the Forces of
the Ministry of Defense, nor Under Secretaries of
any ministry (when they have that those positions
a year immediately before); two, legislators can resign
to their posts.
- The Constitutional Tribunal increases its members
from 7 to 10 and they last nine years in their posts.
Three are named by the President, four by Congress
(two each Chamber) and three by the Supreme Court.
- There is no more Congress as a Whole to ratify reforms
to the Political Constitution.
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| Prerogatives |
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General
prerogatives:
|
-Lawmaking;
-To approve or discard international treaties presented
by the President before its ratification.
-The approval of a treaty is submitted to the regular
procedure any law goes through. In the same approved
agreement of a treaty Congress can authorize the President
to dictate any laws he esteems necessary regarding that
treaty;
-to decide with respect to curfews (estado de sitio). |
Specific
prerogatives:
|
Deputies:
-Control the acts of government, demand records to
the Administration;
-Consider Constitutional Accusations (impeachment)
to the President of the Republic, Ministers of State
and Magistrates of the Superior Tribunal of Justice
and the General Comptroller of the Republic (Contralor
General de la República), of the generals and
lieutenants of National Defense institutions, as well
as governors and majors;
-Can create Investigative Committees on issues regarding
the Executive's prerogatives or agenda.
Senate:
-Become acquainted with the Constitutional Accusations
(impeachment) the Chamber of Deputies give birth to,
and resolve, as a jury, limiting itself to declare
whether the accused is guilty or innocent;
-Decide whether it is correct to go forward with any
judicial action any person puts forward against any
Minister of State.
-Become acquainted with competition disputes that
may arise between political or administrative authorities,
and the Superior Tribunals of Justice (Tribunales
Superiores de Justicia).
-Grant rehabilitation of citizenship.
-Grant consent for the President of the Republic lo
leave the country for more than thirty days as well
as during the last ninety days of his period.
-Declare the inability of the President of the Republic
when a physical or mental handicap incapacitates him
for the exercise of his functions and inform when
the President of the Republic resigns to his post.
-Advice the President of the Republic when he requests
it.
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| Chambers'
organizational structure: |
Deputies:
It is organized through a flow chart, divided principally
in two areas.
The Legislative Area is comprised by the following
units headed by an Undersecretary. The heads are not
legislators: http://www.camara.cl/org/morg1_2.htm
- General Secretariat
- Committees
- Informations Office (Oficina de Informaciones)
- Editorial Office (Redacción)
- Information for CitizensOffice
The
Administrative one is comprised by the following Units
headed by an Administrative Undersecretary. The heads
are not legislators: http://www.camara.cl/org/morg2_2.htm
- Internal Comptroller
- Administration Unit
- Finance Unit
- Public Relations Department
- Human Resources Unit
- Information Systems Department
- Security and Protocol.
Senate:
Three areas are organized under the authority of the
President: the Legislative, the Administrative and
the Finance ones.
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| Rules
of procedure or standing orders: |
The
work of both Chambers is regulated by their respective
internal Rules of Procedure, which is supervised by
the Committee of Internal Regime (Comisión
de Régimen Interno) in the Lower House, or
Interior Regime Committee (Comisión de Régimen
Interior) in the Senate and the Steering Committees
(Mesas). Both rules detail the election of their principal
authorities, how sessions work (quorum, use of the
word, discussions and votes) and type and work of
committees, the conformation of parliamentary groups,
passing the budget law, naming the authorities of
the Houses, the President of the Republic´s
prerogatives related to Congress and to each of the
Chambers. However, the rules of procedure are not
explicit about the amount of agencies and about how
many employees a legislator should name, as well as
committees and parliamentary groups, and neither it
is very clear about the election procedure of committee
authorities.
Deputies:
Rules have 321 articles and they have last been modified
March 2005
Senate:
Rules have 236 articles and they have last been modified
December 2001
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| Existence
and publicity of internal resolutions and decrees: |
The
Rules of Procedure are not explicit about the amount
of agencies and how many employees a legislator should
hire, as well as what committees and parliamentary
groups should they be members of. It is very unclear
about the election procedure of committee authorities.
This indicates there are different aspects of how
both Houses work and that are dealt through internal
resolutions which are kept secret/classified.
Deputies:
This prerogative is exercised by the Internal Regime
Committee (Comisión de Regimen Interno), where
its issues are discussed in a reserved fashion. Article
16 of the Rules state that the Chamber can declassify
records and secret documents ten (10) years after
they have been classified, counting as from the date
of the session, but its publicity could come sooner
if three fourths of the Chamber decides it. If the
classification has been requested by the President
of the Republic, a prerogative given to him by article
32, clause 17 of the Political Constitution, his explicit
assent is needed.
Senate:
There are no internal resolutions in the Senate. The
President can offer modifications to the Rules, but
these must necessarily be voted on by the Senate and
the text can be automatically embodied in the Rules.
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| Leadership
/ Authorities: |
Deputies:
March 11th, following the parliamentary elections
the representatives meet in their Chamber to choose
a President and a Vice President. They are elected
by absolute majority and by secret vote. The President
is removed by a Chamber´s resolution or by death.
The Steering Committee (Mesa), the uppermost body
of the Corporación, is constituted by:
- The President of the Chamber,
- The First Vice President
- The Second Vice President
- The Secretary (not a legislator)
- The UnderSecretary (not a legislator)
- Secretary of the Committees (not a legislator)
Senate:
The President and the Vice President, chosen by the
Senators themselves, constitute the Steering Committee
(Mesa) of the Senate. Article 25 of the Rules, indicate
the possibility to exercise motions of censure (votos
de censura) against the Mesa. The Secretary is elected
and removed by the majority in secret vote and the
Editing Chief (Secretario de Redacción) is
named by the Internal Regime Committee (Comisión
de Régimen Interno). The President is removed
by a Chamber´s resolution or by death. The Mesa,
the uppermost body of the Corporación, is constituted
by:
- The President
- The Vice President
- The Secretary (not a legislator)
- Undersecretary and Treasurer (not a legislator)
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| Staff |
|
Designation:
|
Deputies
and Senate: Some are elected through a public bid or
competition in both Chambers. Employees and aids of
Senators and Deputies are hired by themselves, according
to each one's needs and are not part of the permanent
staff of the Corporaciones. Each legislator has a budget
assigned in their salary for hiring staff for his office.
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Number:
|
Deputies:
Staff according to the Congress Regulation Act (Ley
orgánica del Congreso) consists of 284 employees
divided in 17 categories.
Senate:
That of the Senate consists of 220 divided in 16 categories.
|
Sources:
2005 Constitution
Rules
of the Chamber of Deputies
Rules
of the Senate |
|
| Floor
sessions: |
-
The Ordinary period goes from May 21st through September
18th. (Sessions are celebrated on Tuesdays, Wednesdays,
and Thursdays in the mornings for Deputies and in
the afternoons for the Senate.
-
The extraordinary period goes from September 19th
to May 20th of the following year. Congress can be
summoned to extraordinary sessions by the President
of the Republic within the last ten days of an ordinary
legislation or during Parliamentary recess. In this
period only bills proposed by the Executive can be
discussed or matters referring to international relations.
-
Also, Congress is able to summon itself to extraordinary
sessions, through the President of the Senate and
by a written request supported by the majority of
the members in exercise of each one of the Houses.
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| Registry
of attendance and participation: |
The
Registry of Attendance of the Sessions (Acta de la
Session) of each Chamber contains a list in alphabetical
order of the representatives that preside and are
present in it. These Registries
of Attendance is publicized through the Internet.
Also there is a Journal of the Sessions, the official
document of each session, where the names of Deputies,
Ministers and public officials that come to Congress
are published, as well as the issues discussed, results
of each vote, and an agenda of the documents dealt
with in the session. This publication is uploaded
and updated in the Internet on both
chambers' website.
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| Quorum: |
None
of the Chambers can start a session or adopt any measures
without one third of the members present.
|
| Agenda
setting: |
Deputies:
Sessions are public and the schedule or agenda (las
Tablas del Orden del Día) in the Lower House
is decided by the Steering Committee (Mesa) and the
parliamentary group leaders, who can modify it before
the session, its minimal length is one hour and can
exclusively deal with the issues established beforehand.
The schedule should be distributed to the Deputies
at least 4 hours before the beginning of the session.
The
schedule (agenda) is published before the start of
each session.
Senate:
the President proposes the order of matters to be
discussed and the schedule is considered approved
unless some Parliamentary group comments on it. In
this case, the plenary is consulted and its minimal
length is one and a half tour.
The President, through the presidential prerogative
of establishing "urgencies" (urgencias)
or pre established dates, can manage legislative time
according to his/her will. There are three types of
"urgencies": simple urgency (thirty days),
utmost urgency (ten days) and immediate discussion
(three days). Read
more.
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| Publicity
of the sessions: |
Both
Houses: Sessions can be public or secret. Deputies,
senators, ministers of State and legislative staff
can access to the public ones. Representatives of
foreign States or of international organizations can
be received with the unanimous agreement of parliamentary
groups. Access to the galleries is permitted.
The
Secretary of the Chambers must assist to the secret
session, the Undersecretary or the Registry Officer,
the Chief Secretary of the Committees, the Secretary
of the Committee that has brought the bill to the
floor and the team in charge of the stenographic transcript;
ministers and staff authorized by the Steering Committee
(Mesa)(under oath, in the case of the Lower Chamber).
Representatives of both Houses can request for the
secret session to be held without the presence of
the legislative staff.
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| Voting
Method |
Deputies:
Votes can be public or secret. Public votes can be
nominal or economic voting. The economic voting system
is most of the times through the electronic system
and the records are made public five minutes after
each vote at http://www.camara.cl/vt/#.
The nominal system is undertaken by the Secretary
of the Chamber who calls one by one by their last
name. IN the nominal vote generally deputies make
a statement argument ing their vote. Rules limit their
speaking time. Ministers of the executive can be present
during this speaking time and rectify arguments put
forward by legislators.
Votes that relate to bills referring to salaries,
pensions, promotions and those that refer to particular
interest are always secret. Also votes are secret
when one third of the Chamber requests so, or if any
parliamentary group leader requests it and the matter
is then discussed on the Floor.
Senate:
Votes can be public or secret. Public votes can be
individual or nominal. Individual votes is undertaken
asking senators to one by one according to where they
are sitting, to vote through one of the following
options: "yes", "no", "I
abstain myself". They will do it through the
electronic voting system or out loud.
The nominal fashion is undertaken asking senators
one by one to express their vote in an alphabetical
order. It can be done through the electronic voting
system or out loud. Read
more
|
Sources:
2005 Constitution
Rules
of the Chamber of Deputies
Rules
of the Senate |
|
|
| Number
and type: |
Deputies:
There are 19 Standing Committees. The number of other
types of committees varies. Today there are 9 Special
Committees and 1 Investigative Committee. There are
also United Committees, Constitutional Accusation
Committees and Mixed Committees (Bicameral). The Internal
Regime Committee (Comisión de Regimen Interno)
is comprised by the Steering Committee (Mesa) as well
as the parliamentary group's leaders.
Senate:
There are 19 Standing Committees. There are 2 Special
Committees and there can also United and Mixed Committees
(Bicameral). The Interior Regime Committee (Comisión
de Regimen Interior) is composed by the President
(chairing it), the Vice President of the Senate as
well as the parliamentary group's leaders (blocks).
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| General
functions: |
Deputies:
The function of standing committees is the detailed
and specialized study of bills and of the issues involved.
In the Lower House committees check the acts of government
and work together with civil society.
- Especial Committees: they are temporary committees
that deal with specific legislation or compile information
of a specific subject.
- United Committees: they are formed by two or more
committees, when the subject studied is related to
more than one of them.
- Mixed Committees: formed by the same number of Deputies
and Senators and its aim is to reconcile differences
that may have arisen between both Houses while discussing
the same matter.
- Investigative Committees: its matters are decided
by the Chamber of Deputies.
- Constitucional Accusation Committees: ability to
declare whether to go forward with the accusation
of at least 10 and not more than 20 of it members
against the President of the Republic, Ministers of
State, Magistrates of the Superior Tribunal of Justice,
General Comptroller of the Republic, generals of the
National Defense Forces, governors and mayors.
Senate:
Standing, Special, United and Mixed: Idem Lower Chamber:
Committees work together with civil society
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Deliberation:
|
Deputies:
Deliberation is not a compulsory step for approving
a bill (but voting is). If an issue has no discussion
or has to be passed by immediate voting (votación
inmediata), no debate will be allowed and the committee
will proceed to the vote.
No cell phones are allowed inside committee rooms.
Senate: Rules to not mention this matter.
|
Ability
to seek advice from other sources:
|
Deputies:
Standing Committee, in line with the Steering Committee
(Mesa) should involve the public through the celebration
of two thematic workshops or seminars during a legislative
period aimed at interacting with people related to
the issue discussed. This is required by mandate of
the Rules of Procedure (art 218 bis).
Senate:
yes, this is foreseen through request of advise, testimonies,
consultations, etc.
|
Members:
|
There
is no limit to the number of members per committee,
but in practice and in both Houses each legislator
is a member of more or less two Standing Committees.
Deputies:
Members of Committees are elected by the plenary proposed
by the Steering Committee (Mesa). Candidates are not
usually brought up for discussion to the floor, and
if votes are not asked for, they are automatically
approved. (art 214)
Senate:
Senate Rules state that each senator must join at
least one standing committee. Standing and Special
Committees have five members and the United ones,
ten. In the Interior Regimen Committee (Comisión
de Régimen Interno), the President and the
Vice President of the Senate are also members.
Mixed
Committees are composed of five senators and five
deputies and are presided by one of the Senators elected
by absolute majority.
|
Authorities:
|
Deputies
and Senate: Committee authorities are the Presidents
of the committees and are elected by the members of
the committee. Usually the president is a member of
the majority party or parliamentary group in the Committee.
|
Staff:
|
Deputies
and Senate: Committees have a Lawyer Secretary of
the Committee, a Lawyer Assistant or aid, and one
Secretary. They have no permanent advisers (asesores).
|
Administrative
secretary:
|
Deputies:
The Secretary is Minister of Faith (ministro de fe),
responsable for the registry of the committee, for
the committee´s report, and of inviting the
people the committee requires. He is also the head
of all personnel present at the committee. The results
of the committees, the issues discussed, the agreements
on different issues, the witnesses that came forward
to the committee are published in the Internet at
http://www.camara.cl/comisiones/coms_04.htm
Senate:
The Secretary is Minister of Faith (ministro de fe)
in the exercise of his functions and informs the members
of the committee about the bills, the result of the
matters discussed and the background on every issue
http://appsvr2.senado.cl/comisiones/comisiones.php
|
Publicity
of meetings:
|
Deputies:
The public has no access to Committee rooms. In case
of urgent matters committees should undertake a public
meeting to listen to organizations and institutions
interested in the matter discussed (art. 211).
Permanent Committees should establish a communication
with civil society through two Thematic Workshops
a year (art. 218 bis)
Senate:
There is no reference to public or secret meetings.
|
Schedule
of meetings:
|
Deputies:
they are held once a week. They meet in committee
rooms, but can do it anywhere in the country. Mixed
meetings are held in the Senate Floor. Standing Committees
cannot organize meetings from 0 to 10 am.
Senate:
after choosing the authorities, the committees summon
a session where the schedule are fixed during the
period of ordinary sessions. They meet anywhere in
the territory of the country.
Simultaneousness: ibid deputies.
|
Absenteeism
/ quorum:
|
Deputies:
Standing committees in order to have the necessary
quorum to be able to start a meeting require the presence
of four members, except for the Internal Regime Committee
(Comisión de Régimen Interno) that needs
five, the United ones need three of each committee
and the Special and Mixed Committees need all of their
members present.
Senate:
Standing, Special, Mixed and United Committees form
a quorum only with the total number of members present.
The United ones, alter been summoned twice and not
having obtained the necessary quorum, the can be held
with 4 members. If after fifteen minutes of the fixed
time there is no quorum, the session can be adjourned
leaving proof of those senators present. The attendance
of each legislator is published
in the internet.
|
Legislative
techinque control / legislative council:
|
There
is no legislative council committee that checks the
wording of the draft bills so that there is no conflict
with existing legislation, in any of the Chambers. There
is almost no debate on behalf of the members or the
administrative authorities to create one. |
Source:
2005 Constitution
Rules
of the Chamber of Deputies
Rules
of the Senate |
|
| Party
blocks |
|
Composition:
|
Deputies:
Political Parties form a Parliamentary Group (comité
parlamentario) for each nine representatives the House
has and the head (Jefe) of the group relates to the
Steering Committee (Mesa). If a political party has
more than nine members more than one Parliamentary
group is formed. In this case they are represented
by any of their heads, called Leader (Jefe de Bancada).
If a political party has less than nine members, it
must join other Parliamentary Groups till they add
up to that number. Every member has to be part of
a parliamentary group. Independents must get together
between themselves, unless they enter other party
groups.
Senate:
One or more senators of each party constitute a Parliamentary
Group (comité parlamentario). Three or more
independents can get together and form a group, or
each one can individually enter other parties.
|
Authorities:
|
Deputies:
Authorities in a parliamentary group are chosen by
the same parliamentarians, and generally last for
one year, but this depends on the support the person
has of the group. The number of leaders varies group
by group.
Senate:
There is no rule as to how each parliamentary group
should elect its authorities or regarding the length
of the post. So, each group is sovereign in this respect
and members are the ones that chose the leaders and
for how long.
|
Responsibilities:
|
Both
Houses: Parliamentary groups are intermediaries in the
relation between deputies and the Steering Committee
(Mesa). Among the heads of the parliamentary group the
responsibilities are:
- Represent the group members before the Mesa.
- Fulfill agreements with the other heads and with the
President of the Chamber.
- Inform the President of the Chamber of any resignations
and new incorporations in the parliamentary group.
- Formulate indications so that a bill may be withdrawn
from the agenda (tabla de fácil despacho) during
its discussion.
- Organize with the Steering Committee (Mesa)the general
agenda of the day.
- Indicate bills for their particular discussion
- Ask for a debate´s adjournment.
- Ask for changes in the organization of the agenda.
- Base its vote in the nominal (10)
fashion
(while other deputies can´t do this)
- Be a member of the Internal or Interior Regime Committee
(Comisión de Régimen Interno or Interior).
|
Staff:
|
Deputies:
Depending of the number of representatives, parliamentary
groups receive money based on the needs of each member.
They can hire personnel.
Senate:
Parliamentary groups have their own organization and
the aids are hired when each group deems it necessary.
|
Sources:
Rules of the Chamber of Deputies
Rules
of the Senate |
|
|
| General
overview of control mechanisms: |
Until
September 17th (the day President Lagos signed the new
Constitution into force) the Executive Branch in the
legislative sphere was anchored, principally, in the
legal exclusive initiative (the ability to introduce
legislation) of the President of the Republic. The matters
that fell under the exclusivity rule were so extensive
that they surpassed the "pure" presidential
model. Congress' members, in these subjects, completely
lacked legal initiative, but furthermore, during the
legislative process, they had a limited field of action
because of the "urgencies" (urgencias) that
the executive could impose on them. This limitation
maintained presidential supremacy. The executive applied
the exclusivity rule, not only to canonical subjects,
included in liberal constitutions, but also to all matters
comprising public expenses. This extensive power was
not counter balanced, because the control prerogatives
of parliament were practically non existent, and consequently
the system lacked proper power equilibrium. |
Electoral
mechanism:
|
Approves
the President and Vice President´s resignation.
|
Cognitive
mechanism:
|
-
Control the acts of government. (Lower House)
- Committees can request written reports, records
and call public officials to testify before Congress.
There are Investigative Committees for the study of
issues the Houses deem necessary. Recently introduced
with the new constitution.
- Information requests to the Executive (pedidos de
informes). The Executive is forced to imperatively
respond to the information requests of Congress within
30 days. Before the reform the Lower House lacked
imperum since they had no judicial effects of any
nature. There is a constitutional accusation procedure
against which, the Executive is widely protected anyway.
- Investigative committees, which's jurisdiction is
on acts of government. Ministers of state and other
public officials can be called upon to answer questions.
Their attendance is compulsory. Recently introduced
with the new constitution.
- General Comptroller of the Republic (Contraloría
General de la República) is an autonomous agency,
whose aim is to control administrative proceedings
(actos administrativos) according to the law, control
the Treasury´s expenses, as well as those of
the municipalities and state agencies and services,
and does the general books of the Nation (art 87 of
the Political Constitution). Its head is named by
the President of the Republic with the Senate's consent.
- The President is now forced to present the State
of the Nation Address (or State of the Union), to
explain the results of his administration as he inaugurates
the legislative sessions May 21 of every year. Recently
introduced with the new constitution.
- Congress has the right to pose official questions
to Ministers of State (by request of at least one
third of the Lower House), but they can only be called
three times in a legislative period without a special
majority. Ministers are obliged to assist and respond
to the interpellation. Recently introduced with the
new constitution.
|
Integrative
mechanism or co-decision mechanism:
|
The
Senate agrees with the President the appointment of
various public officials, such as, the General Comptroller
of the Republic (Contralor General de la República)
, the Central Bank Council, Magistrates and Ministries
of the Supreme Court and the attorney General of the
Public Ministry (Fiscal Nacional del Ministerio Público).
The Senate chooses one of the seven lawyers of the
Constitutional Tribunal.
- The President of the Republic has the exclusive
prerogative of bill initiation involving the political
and administrative division of the country and the
financial and budgetary administration of the nation.
Consequently, the President has absolute control over
the initiatives that affect public expenditure.
- Approval (of the treaties concluded by the President)
- War declaration is a prerogative of the President,
tied to an authorization by law, as the 1925 Constitution
established, and requires the approval of Congress.
However, the 1980 Constitution adds there should be
a proven consultation with the National Security Council
(Consejo de Seguridad Nacional).
- In the case of "curfew" -declared in cases
of internal war or internal unrest- the situation
of the chief of State is the following: requires the
agreement of Congress to put it in action; Congress
has 10 days to authorize or reject it. During the
mentioned 10 days, the President of the Republic can
call for curfew, after agreement of the National Security
Council.
|
Regulatory
mechanism:
|
Regulatory
mechanism (is more common in Parliamentary systems)
but Congress regulates the Executive through opposing
or blocking any of its constitutional prerogatives
(sort of a "congressional veto")
a The role of Congress in the approval of international
treaties is limited to the approval or rejection before
its ratification, because it is the President of the
Republic who conducts foreign policy, negotiates,
concludes, signs, ratifies international treaties
he esteems convenient for the country's interests.
The treaty is subject to the same procedure as any
law, with some particular aspects such as the approval
or rejection of Congress that has to be done considering
the bill as a whole. They cannot introduce changes
or amendments.
|
Penalization
mechanism:
|
A
Constitutional Accusation (Impeachment) for all the
members of the executive, Judiciary and Military Forces.
The President and its Cabinet can be subject to the
Constitutional Accusation procedure when there are
constitutional violations. Consequently, political
accusation is excluded, a common mechanism in parliamentary
systems. The President and his ministers are accountable
before the citizens because of the President's direct
vote. This is why the destitution procedure (impeachment)
is not a political trial, but one that is caused by
a violation to the Constitution.
|
| Extra-parliamentary
agencies: |
-
The General Comptroller of the Republic (Contralodor
General de la República) is an autonomous agency,
whose aim is to control administrative proceedings
(actos administrativos) according to the law, control
the Treasury´s expenses, as well as those of
the municipalities and state agencies and services,
and does the general books of the Nation (art 87 of
the Political Constitution). Its head is named by
the President of the Republic with the Senate's consent.
-
Almost five years have passed since the Executive
sent a bill to the Senate to create an Ombudsman,
the public's Defender. To date, it has not been passed.
It is part of the Political Agreement on State Modernization
and Transparency achieved by the government and the
opposition parties January, 2003.
-The
Presidencial Advisory Council for the Protection of
the Rights of the People (Comisión Asesora
Presidencial para la Protección de los Derechos
de las Personas), is the agency that exercises the
functions of the Ombudsman.
-
The General Internal Audit Bureau of the Administration
(Consejo de Auditoría Interna General de Gobierno)
is the agency that advises the President regarding
public policies, plans, programs and measures in the
administration's internal control.
|
| Constitutional
reform: |
Bills
to reform the Constitution can be introduced by any
legislator. Both Houses meet as a Whole (Congreso
en Pleno), called by the President of the Senate,
just to get to know the bill and to vote on it without
any debate. The Chambers can modify bills introduced
by the President (who can also initiate legislation).
Changes need to be approved by two thirds of the members
of each House, if not there will be no reform. If
there is no agreement between the President and Congress,
the President can call on the citizens through a plebiscite.
|
| Control
of the budget: |
It
is the President of the Republic who has the exclusive
initiative of all legislation involving political
and administrative division of the country as well
as the financial and budgetary administration. So,
he has absolute control over the initiatives involving
public expenditure. The agency in charge of the budget
in the Ministry of Economy (Ministerio de Hacienda)
receives budgetary requests from different agencies,
it consolidates it, and formulates the annual budget
bill. It is presented before Congress, who is in charge
of passing the budget bill before November 30th every
year.
The
bill must be introduced before Congress at least three
months before the date it should start running, and
if Congress does not pass the bill 60 days after it
was introduced, the President´s request rules.
|
Citizen
participation:
|
It
is only through its representatives in Congress |
Votes
needed to pass the budget bill:
|
The
same amount of votes needed for any bill are necessary
for the budget bill. The budget bill has preference
on every other bill already on the schedule to be voted
on (art 210 senate rules) |
Changes
to the content:
|
Congress
can not increase, only decrease income estimations,
it can reduce expenses in the Budget Law, except for
those pre established by a permanent law. |
Modifying
the budget after the bill is passed:
|
It
can be done through budget actualization decrees of
the Executive (decretos de actualización presupuestaria) |
Control
of the execution:
|
General
Comptroller of the Republic. |
Existence
of a national budget office:
|
There
is no national budget office but legislators conform
a "Special Committee of Senators and Deputies",
who together with members of the standing Committee
of the Budget study the proposed bill of the Executive.
This Special Committee should inform the Lower House
within 15 days on the proposed bill. |
Cost-benefit
analysis:
|
There
is no cost benefit analysis. |
Participation
in monetary policy:
|
Congress
does not have those prerogatives. However, the President
of the Central Bank is legally forced to inform about
the monetary policy before the Senate. |
|
|
| Bill
initiation / popular initiative: |
Popular
initiatives do not exist. Bill initiation is a prerogative
shared by legislators and the President.
|
| Referendum: |
Referendum
is used for Constitutional Reforms. It happens when
the President and Congress as a Whole do not come
to an agreement over a certain Constitutional Reform.
There have been plebiscites related to the 1925, 1280
and 189 Constitutions. Also there have been popular
consultations in 1978, to get to know if citizens
supported President Augusto Pinochet on United Nations
disapproval, and in 1988 to ratify or discard, the
General's presidential candidacy. |
| Access |
|
Buildings
of congress:
|
In
order to assist to a Plenary session in either of the
Chambers, one must go to the reception offices and show
identification. |
Recording
of meetings:
|
They
can be read in the Journal of the Sessions http://www.camara.cl/Boletin/boletin.aspx
They can be read in the Journal
of the Sessions
|
Floor
sessions:
|
Deputies:
Sessions are transmitted live and deferred. The Chamber
has its own signal and airs through cable channels.
It is called CD TV http://www.camara.cl/tv/cdtv_2/cdtv_2.htm.
There is also an absentee list to every session http://www.camara.cl/asis_2/a_sala.asp
Senate:
Does not transmit sessions, but it does air edited
material with briefs of what has happened in the Floor.
It airs thorugh Cable cchannels. It is called Senado
TV. Programming is updated though the internet. http://tv.senado.cl/stat/pags/programacion.html
|
Publications:
|
Deputies
- Chamber's Newspaper with news, clippings, news conferences
and information on committees, http://www.camara.cl/diario/diario2.htm
- Agenda (it includes the order of the day and committee
citations, events and ceremonies),
http://www.camara.cl/sesiondoc/?DOC=TABLA
- Session
brief
- Budget, http://www.camara.cl/aindex/InformeA%F1o2004.pdf
- Bills, http://www.camara.cl/legis/topleg5_2.htm
- Journal of the Sessions, http://www.camara.cl/Boletin/boletin.aspx
- Legislative Statistics, http://www.camara.cl/estadist/sept_05.pdf
- Electronic voting system, http://www.camara.cl/vt/
- Political Constitution, Congress standing orders,
and Congress Regulation Act (Ley Orgánica del
Congreso), http://www.camara.cl/legis/masinfo/document.htm
Senate
- News web of the Chamber
- Agenda
of the Sessions
- Citations,
activities and committee meetings (only issues
that are discussed, citations, and committee resolutions)
- Session brief
- Legislative
work (stenograms, bulletins, Journal of the Sessions)
- Statistic
Bulletins of legislative performance
- Bills
- Political Constitution, Congress standing orders,
and Ley Orgánica del Congress (web).
|
Agreements
with universities, research centers:
|
Congress
receives external consulting services from firms,
consulting firms, universities, law bureaus, etc)
All of these are made public through the internet.
http://www.camara.cl/enlac/empresas_05.pdf.
The Senate has the same services but does not publish
them in the internet. One can see the existence of
these services through the audit of the execution
of Congress' Budget. |
Consultation
with civil society and innovative practices:
|
The
office of Information (Oficina de Informaciones) requests
reports and information to de Administration, mainly
through articles 9° and 10° of Law N°
18.918, Congress Regulation Act (Ley Orgánica
Constitucional del Congress Nacional), which gathers
information of interest to the Houses from different
sources and makes reports, mainly juridical economical
and statistical, as well as briefs of specific matters.
The office is divided in |