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Legislative transparency in CHILE

Institutional framework | Legislative structure and functioning | Floor sessions | Committees | Parliamentary groups | Control mechanisms | Citizen access | National legal frameworks | State legislatures | Internet links and bibliography

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.

 

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.

 

Party system
 

Name and number of relevant parties:

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.

 

 

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

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.

Prerogatives  

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.


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.

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

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.


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)


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.

 

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

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.


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.

 

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.


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.

 

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
COMMITTEES
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).


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


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
PARLIAMENTARY GROUPS

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
CONTROL MECHANISMS
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.
CITIZEN ACCESS
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