Chile 2022 Draft Constitution - Page 8 of 12

Table of Contents

CHAPTER VIII EXECUTIVE POWER

Article 279

The government and administration of the State correspond to the President of the Republic, who exercises the head of State and the head of Government.
On July 5 of each year, it will report to the country on the administrative and political state of the republic before the Congress of Deputies and the Chamber of the Regions, in joint session.

Article 280

For a person to be elected President or President of the Republic, it is necessary to have Chilean nationality and to have reached thirty years of age on the day of the election.
Likewise, he must have effective residence in the national territory for the four years prior to the election. This requirement shall not be required when the absence from the country is due to the fact that the person, his spouse or his civil cohabitant fulfills diplomatic mission, works in international organizations or there are other circumstances that justify it well-founded. Such circumstances shall be qualified by the Election Qualification Tribunal.
When registering the candidacy , you must present a program, in accordance with the law.

Article 281

The President shall be elected by universal and direct suffrage by an absolute majority of the votes validly cast. The election will be held on the third Sunday of November of the year preceding the year in which the person in office must cease to hold office.
If more than two candidates are put before the election and none of them obtains more than half of the votes validly cast, a second vote shall be held among the candidates who have obtained the two highest majorities. This vote will take place on the fourth Sunday after the first. The candidacy that obtains the quorum established in the previous paragraph will be elected. In the event of the second ballot, the candidatures may make modifications to their agenda up to one week before it.
The day of the presidential election will be an inalienable holiday.
In the event of the death of one or more of the persons referred to in paragraph 2, the person holding the Presidency of the Republic shall call for a new election within ten days from the date of death. The choice will be held ninety days after the call if that day corresponds to a Sunday. Otherwise, it will be held the following Sunday.

Article 282

The qualification process for the election of the President shall be concluded within fifteen days of the first ballot and within thirty days of the second.
The Election Qualification Tribunal shall immediately inform the Congress of Deputies and the Chamber of the Regions of the proclamation of the President or the President-elect.
The Congress of Deputies and the Chamber of the Regions, meeting in joint session on the day on which the person in office must cease to hold office , and with the members who attend, shall take cognizance of the resolution of the Election Qualification Tribunal that proclaims the person who has been elected.
In the same act, the President or the President-elect shall give a promise or oath to faithfully perform his office, to preserve the independence of the republic, to keep and enforce the Constitution and the laws, and shall immediately assume his functions.

Article 283

If the President-elect prevented from taking office, he or she shall assume, provisionally and with the title of Vice President or Vice-President of the Republic, who presides over the Congress of Deputies, the Chamber of the Regions or the Supreme Court, in that order.
If the impediment is absolute or lasts indefinitely, the Vice President within ten days following the agreement of the Congress of Deputies, shall call a new presidential election to be held ninety days later if that day corresponds to a Sunday, or the Sunday immediately following, in accordance with the general rules. Whoever is so elected will assume their functions at the time indicated by statute and will last in them for the rest of the period already begun.

Article 284

The President shall remain for four years in the exercise of his or her duties, after which she may be re-elected, immediately or subsequently, only once .
If you running for immediate re-election, from the day of registration of your candidacy, she/he will not be able to execute expenditure that is not of mere administration or carry out public activities that involve propaganda to campaign for the reelection. The Office of the Comptroller General of the Republic shall issue an instruction regulating the situations described in this article.

Article 285

When due to illness, absence from the territory of the republic or other serious reason, the President is unable to exercise his office, he shall subrogate him, with the title of Vice President of the Republic, the corresponding Minister of State, according to the order of legal precedence.

Article 286

The following are definitive impediments to the exercise of the office of President of the Republic and cause their vacancy: death; serious illness, duly accredited, which makes it impossible to perform the office for the rest of the period, and so qualified by the Election Qualification Tribunal; the resignation accepted by the Congress of Deputies, and the dismissal by constitutional accusation, in accordance with the rules established in this Constitution.
In case of definitive impediment, the minister or the minister of State indicated in the previous article will assume as subrogator and will proceed in accordance with the following paragraphs.
If the vacancy occurs less than two years before the next presidential election, the President or the President will be elected by the Congress of Deputies and the Chamber of the Regions, in joint session. The appointment will be made within ten days of the date of the vacancy and whoever is elected will assume his position within the following thirty days. For the purposes of his re-election, this presidential term shall be considered as a full one.
If the vacancy occurs two years or more before the next presidential election, the Vice President, within the first ten days of her subrogation, shall call a presidential election for one hundred and twenty days after the convocation, if that day corresponds to a Sunday, or the following Sunday, according to the general rules. Whoever is elected will assume his office on the tenth day after his proclamation, and until the end of the remaining term to the one who is replaced.
The Vice-President who subrogates and the President who is appointed in accordance with the provisions of the previous paragraph shall have all the powers that this Constitution confers on the President of the Republic.

Article 287

The following are the powers of the person who Holds the Presidency of the Republic:

Comply with and enforce the Constitution, laws and international treaties, in accordance with their powers and powers.
Direct the State Administration.
Appoint and remove the ministers of State, the undersecretaries and undersecretaries and the other corresponding officials , in accordance with the Constitution and the law. These positions are of your exclusive confidence and those who hold them will remain in their positions as long as they have it.
Conduct foreign relations, sign and ratify international treaties, conventions or agreements, appoint and remove ambassadors and heads of diplomatic missions.
Declare states of constitutional emergency in the cases and forms indicated in the Constitution and the law.
Attend the formation of laws and promulgate them, in accordance with the provisions of the Constitution.
Issue decrees with the force of law, after delegation from the Congress of Deputies, in accordance with the provisions of the Constitution.
Exercise regulatory power in accordance with the Constitution and the law.
Permanently exercise the supreme leadership of the Armed Forces, arrange, organize and distribute them for their development and joint use.
Designate and remove the chairman of the Joint Chiefs of Staff, the commanders- in-chief of the Armed Forces, and arrange for the appointments, promotions and retirements of officers of the Armed Forces.
Conduct public safety and appoint and remove members of the police high command.
Appoint the Comptroller or Comptroller General in accordance with the provisions of the Constitution.
Participate in the appointments of other authorities in accordance with the provisions of the Constitution.
Grant private pardons, except for war crimes and crimes against humanity.
Ensure the collection of public revenues and decree their investment in accordance with the law. The President or the President of the Republic, with signature of all ministers of State, may decree payments not authorized by statute, to meet urgent needs arising from public calamities, external aggression, internal commotion, serious damage or danger to the security of the country or the exhaustion of resources intended to maintain services that cannot be paralyzed without serious prejudice to the country. The total of the transfers made with these objects may not exceed annually two percent (2%) of the amount of expenses authorized by the Budget Act. Employees may be hired under this same law, but without the respective item being increased or decreased through transfers. Ministers of State or officials who authorize or give effect to expenses that contravene the provisions of this letter shall be responsible, jointly and severally and personally, for their reinstatement, and guilty of the crime of embezzlement of public funds.
Convene referendums, plebiscites and consultations in the cases provided for in this Constitution.
Submit annually the Budget Bill.
Request, indicating the reasons, that a special session be summoned to the Congress of Deputies or the Chamber of the Regions. In such a case, the meeting shall be held as soon as possible.
The others established in the Constitution and the law.

Article 288

Whoever exercises the Presidency of the Republic has the power to issue those regulations, decrees and instructions that he deems necessary for the execution of the laws.
Likewise, it can exercise the regulatory power in all those matters that are not reserved exclusively to the law. When rules of legal and regulatory rank are applicable, the law will prevail in case of contradiction.
The President shall report monthly to Congress on the regulations, decrees and instructions issued under the preceding paragraph .

Article 289

The President of the Republic has the power to negotiate, conclude, sign and ratify international treaties.
In those cases in which international treaties refer to matters of law, they must be approved by the Legislative Power. This approval shall not be required by those concluded in compliance with a statute.
The Legislative Branch shall be informed of the conclusion of international treaties that do not require its approval.
The process of approving an international treaty shall be subject, as appropriate, to the formalities of a regional agreement law .
The President of the Republic shall send the draft to the Congress of Deputies and shall report on the negotiation process, the content and scope of the treaty, as well as the reservations it intends. confirm or formulate.
Once received, the Congress of Deputies may suggest the formulation of reservations and interpretative declarations to an international treaty, in the course of the process of its approval, provided that they proceed in accordance with the provisions of the treaty itself or the general rules of international law.
Once the treaty has been approved by the Congress of Deputies, it will be sent to the Chamber of the Regions for processing.
The measures adopted by the Executive or the agreements it concludes for the fulfillment of a treaty in force will not require new approval of the Legislative Power, unless they are matters of law.
The agreement approving a treaty may authorize the President of the Republic to issue, during the term of the treaty, the provisions with the force of law that it deems necessary for its fullness. compliance, except in the case of fundamental rights, nationality, citizenship, elections and plebiscites.
The agreement of the Legislative Branch will be necessary for the withdrawal or denunciation of a treaty that it has approved and for the withdrawal of a reservation that it has considered when approving it. The law shall fix the deadline for its pronouncement.
Facts relating to the international treaty, including its negotiations, its entry into force, the formulation and withdrawal of reservations, interpretative declarations, objections to a reservation and its withdrawal, denunciation or withdrawal from the treaty, suspension, termination and nullity.
When negotiating international investment treaties or instruments or similar, whoever exercises the Presidency of the Republic shall ensure that the dispute resolution bodies are impartial, independent and preferably permanent.
Those who inhabit the territory or Chileans who are abroad and have reached the age of sixteen will have the initiative to request the President or the President of the Republic the signing of international human rights treaties in accordance with requirements established by law, which shall define the period within which the President shall respond to the aforementioned request.

Article 290

Ministers of State are direct and immediate collaborators of the President of the Republic in the government and administration of the State.
They are responsible for the conduct of their respective portfolios, for the acts that they sign and jointly and severally of those who subscribe or agree with holders of other ministries.
The law shall determine the number and organization of the ministries, as well as the order of precedence of the ministers and the titular ministers.
The President of the Republic may entrust one or more ministers with the coordination of the work of the Secretaries of State and the relations of the Government with Congress of Deputies and the Chamber of the Regions.

Article 291

To be appointed minister of State, it is necessary to be a citizen with the right to vote and to meet the general requirements for entry into the Public Administration.
They will be subrogated or replaced, in case of absence, impediment, resignation or when for another reason the vacancy of the position occurs, in accordance with what is established by law.

Article 292

The regulations and decrees of the President of the Republic shall be signed by the minister or the minister of State concerned and shall not be obeyed without this requirement.
Decrees and instructions may be issued with the sole signature of the respective Minister of State, by order of the President of the Republic, as established by law.

Article 293

Ministers may attend the sessions of the Congress of Deputies and the Chamber of the Regions and take part in their debates, preferably to take the floor.
Notwithstanding to the foregoing, they will attend personally and obligatorily to the special sessions convened by the Congress or the Chamber to be informed on matters which, falling within the scope of the powers of the corresponding Secretariats of State, they agree to deal with.

Article 294

The appointment of those who represent the ministries and public services with a presence in the autonomous region shall be the decision of the Presidency of the Republic.

Article 295

The State has a non-delegable monopoly on the legitimate use of force, which it exercises through the competent institutions, in accordance with this Constitution, the laws and with respect for human rights.
The law shall regulate the use of force and weapons that may be used in the exercise of the functions of the institutions authorized by this Constitution.
No person, group or organization may possess, possess or carry weapons or other similar elements, except in the cases indicated by law, which shall establish the requirements, authorizations and controls on the use, carrying and possession of weapons.

Article 296

The President of the Republic is responsible for the conduct of public security through the corresponding ministry.
The disposition, organization and criteria for the distribution of the police shall be established in the National Public Security Policy. The law shall regulate the validity, scope and mechanisms for the elaboration and approval of this policy, which shall include the gender and intercultural perspective and full respect for international law and fundamental rights.

Article 297

The police depend on the ministry in charge of public security and are police, non-military institutions, of a centralized nature, with competence throughout the territory of Chile, and are intended to guarantee public security, giving effect to the law and safeguarding fundamental rights, within the framework of its powers.
Police officers should incorporate a gender perspective in the performance of their duties and promote parity in decision-making spaces. In the use of force, they must act in compliance with the principles of legality, necessity, precaution, proportionality, non-discrimination and surrender of with respect for international law and the fundamental rights guaranteed in this Constitution.
They are professional, hierarchical, disciplined, obedient and non-deliberative institutions.
The Police and their members shall be subject to controls on probity and transparency in the manner and conditions determined by the Constitution and the law. Its members may not belong to political parties; associate in political, trade union or trade union organizations; exercise the right to strike, or run for elected office.
Admission to and training in the police shall be free and non-discriminatory, as established by statute. Police education and training is based on respect for human rights .

Article 298

The President of the Republic is responsible for the leadership of national defense and serves as the supreme head of the Armed Forces. He will exercise command through the ministry in charge of national defense.
The disposition, organization and criteria for the distribution of the Armed Forces shall be established in the National Defence Policy and the Military Policy. The law shall regulate the validity, scope and mechanisms for the elaboration and approval of such policies, which shall incorporate the principles of international cooperation, gender equality and interculturality and full respect for international law and fundamental rights.

Article 299

The Armed Forces are composed solely and exclusively of the Army, Navy and Air Force. They depend on the ministry in charge of national defense and are institutions destined to the protection of the sovereignty, independence and territorial integrity of the republic against aggressions of an external nature, as established in the Charter of the United Nations. They collaborate with international peace and security, in accordance with the National Defense Policy .
They must incorporate a gender perspective in the performance of their functions, promote parity in decision-making spaces and act with respect for international law and the fundamental rights guaranteed in the Constitution.
They are professional, hierarchical, disciplined, obedient and non-deliberative institutions.
Military institutions and their members are subject to controls on probity and transparency. They cannot belong to political parties; associate in political, trade union or trade union organizations; exercise the right to strike, or run for elected office.
Admission to and training in the Armed Forces shall be free and non- discriminatory, in the manner established by statute. Military education is based on respect for human rights.
The law shall regulate the organization of the defense, its institutionality, its structure and joint employment, its leadership, its command and the military career.

Article 300

The exercise of the rights and guarantees that the Constitution guarantees to all persons under the following situations of exception may only be suspended or limited: international armed conflict, internal armed conflict as established by international law or public calamity. They may not be restricted or suspended except the rights and guarantees expressly indicated in the Constitution.
The declaration and renewal of states of constitutional emergency shall respect the principles of proportionality and necessity and shall be limited, with respect to their duration, extent and means employed, to what is strictly necessary for the earliest restoration of constitutional normality.

Article 301

The state of assembly, in case of international armed conflict, and the state of siege, in case of internal armed conflict, shall be declared by the President of the Republic with the authorization of the Congress of Deputies and the Chamber of Deputies of the Regions, in joint session. The declaration shall identify the areas affected by the relevant state of emergency.
The Congress of Deputies and the Chamber of the Regions, in joint session, within a period of twenty-four hours from the moment in which the President of the Republic submits the declaration of state of assembly or siege to its consideration, shall be pronounced by the majority of its members accepting or rejecting the proposal. In their request and subsequent declaration, the grounds that justify the extreme need for the declaration must be specified, and congress and the Chamber may only introduce modifications with respect to its territorial extension. If the Congress and the House do not approved within that period, they will be summoned by the ministry of the Constitution alone to special daily sessions, until they pronounce on the declaration.
However, the President of the Republic, in circumstances of urgent necessity, and only with the signature of all her ministers, may immediately apply the state of assembly or siege, as long as the Congress of Deputies and the Chamber of the Regions pronounce on the declaration. In this case, only the exercise of the right of assembly may be restricted.
By the declaration of the state of assembly, the President of the Republic shall be empowered to restrict personal freedom, the right of assembly, freedom of work, the exercise of the right of association; intercept, open or record documents and all communications; provide for requisitions of property, and establish limitations on the exercise of the right to property.
The declaration of a state of siege may not be extended for more than fifteen days, notwithstanding to the President or the President of the Republic requesting its extension, for which it will require the pronouncement of four sevenths of the deputies, deputies and regional representatives in office for the first extension, three-fifths for the second and two-thirds for the third and following.
By declaring a state of siege, the President of the Republic may restrict freedom of movement and the right of association. It may also suspend or restrict the exercise of the right of assembly.
The state of assembly shall remain in force for as long as the situation of international armed conflict is extended , unless the President of the Republic provides for its termination in advance or the Congress of Deputies and the Chamber of Deputies the Regions withdraw their authorization.

Article 302

The state of catastrophe, in case of public calamity, shall be declared by the President of the Republic. The declaration must establish the scope of application and the period of duration, which may not exceed thirty days. Only with the agreement of the Congress of Deputies may it be extended beyond this period. The aforementioned agreement will be processed in the manner established in paragraph 2 of the previous article.
The President of the Republic shall be obliged to inform the Congress of Deputies of the measures taken.
Once a state of disaster has been declared, the respective areas shall be under the immediate dependence of the head of the state of emergency, who shall be a civil authority. appointed by the person holding the Presidency of the Republic. This authority will assume the direction and super vigilance of those areas with the powers and duties that the law indicates.
The President of the Republic may request the extension of the state of catastrophe, for which it shall require the approval, in joint session, of the majority of members in office of the Congress of Deputies and the Chamber of regions.
By declaring a state of disaster, the President of the Republic may restrict freedom of movement and the right of assembly. It may also order requisitions of property, establish limitations on the exercise of the right to property and adopt all extraordinary measures of a legal and administrative nature that are necessary for the prompt restoration of normalcy in the affected area.

Article 303

Acts of the President of the Republic or of the head of a state of emergency which are based on the declaration of a state of constitutional emergency shall expressly indicate the constitutional rights which they suspend or restrict.
The decree of declaration must specifically indicate the measures to be adopted by reason of the exception, which must be proportionate to the purposes established in the declaration of exception and not excessively limit or totally impede the legitimate exercise of any right established in this Constitution. States of constitutional emergency shall permit the President of the Republic to exercise powers and powers ordinarily reserved to the regional or communal level when the restoration of normality so requires.
All declarations of a state of constitutional emergency shall be well founded and shall specify the rights to be suspended, as well as their territorial and temporal extension.
The Armed Forces and police must strictly comply with the orders of the head of state of emergency in charge.
Measures taken during states of emergency may not, under any circumstances, be extended beyond their validity.

Article 304

The law shall regulate states of emergency, their declaration and the application of the legal and administrative measures that may be adopted under them, in everything not regulated by this Constitution. Such a statute may not affect the powers and functioning of constitutional bodies, nor the rights or immunities of their respective holders.
Likewise , this law shall regulate the manner in which the President of the Republic and the authorities entrusted thereto shall render a detailed, truthful and timely account to the Congress of Deputies of the measures adopted and of the plans for overcoming the situation of exception, as well as of the serious facts that would have arisen on the occasion of the constitutional state of emergency. Failure to comply with this duty of accountability shall be considered a violation of the Constitution.

Article 305

Once the state of emergency has been declared, an Oversight Commission will be constituted under the Congress of Deputies, of equal and plurinational composition, composed of deputies, by regional representatives and by representatives of the Ombudsman’s Office, in the manner established by statute. This body must supervise the measures adopted under the state of emergency, for which it will issue periodic reports containing an analysis of them, their proportionality and the observance of human rights and will have the others. powers entrusted to it by law.
The organs of the State must collaborate and provide all the background information required by the Commission for the performance of its functions. In the event that it becomes aware of violations of the provisions of this Constitution or the law, it must make the pertinent complaints, which will be sent and known by the competent bodies. The law shall regulate its integration and operation.

Article 306

Measures taken in the exercise of the powers conferred in states of constitutional emergency may be reviewed by the courts of justice both on their merits and in form. Requisitions that are made will give rise to compensation in accordance with the law.