First
This Constitution will come into force on the date of its publication in the Official Gazette, which must be carried out within ten days following its promulgation. On that date, Supreme Decree No. 100 of 2005 will be repealed, which establishes the consolidated, coordinated, and systematized text of the Political Constitution of the Republic of Chile, its subsequent constitutional reforms, and its interpretative laws, without prejudice to the rules contained in these transitional provisions.
Constitutionality of legislation
Second
- All legislation in force on the date of publication of this Constitution will remain in force as long as it is not repealed, modified, or replaced, or as long as it is not declared contrary to the Constitution by the Constitutional Court, in the cases that it hears and in accordance with what is established in this Constitution.
- If laws currently in force refer to matters that, in accordance with this Constitution, must be the subject of institutional laws or approved by a specific portion of the two Chambers, then they will be understood to comply with the requirements established by this Constitution and will to continue to apply insofar as they are not contrary to it, as long as the corresponding legal bodies do not rule otherwise.
Third
Persons who have served as members of the Constitutional Council, Expert Committee, or Technical Council on Admissibility in accordance with Constitutional Amendment Law No. 21,533 may not be candidates for the next elections for President of the Republic, deputy, senator, regional governor, regional councilor, mayor and municipal councilor. Likewise, they may not be candidates for any other popularly elected office in the first election corresponding to each office created by virtue of this Constitution.
Head of state powers
Fourth
The President of the Republic must send, within a period of five years from the entry into force of this Constitution, a bill that regulates the matter referred to in Article 6, Paragraph 3. Until this law enters into force, the President of the Republic must designate by supreme decree the ministry or ministries in charge of executing the sentences referred to in the aforementioned constitutional provision.
Fifth
The body referred to In Article 16, Paragraph 15, is the body regulated in Law No. 20,285 on access to public information, which where these effects are concerned is understood to have fulfilled the prerequisite of having been approved by an institutional law.
Head of state powers, Freedom of association
Sixth
Within five years of this Constitution’s entry into force, the President of the Republic must sent a bill to regulate the matter specified in Article 16, Paragraph 17. Until this law comes into force, legal claims concerning this matter will be heard by the respective Court of Appeals, in accordance with the ruling that will be issued for these purposes.
Compulsory education
Seventh
In virtue of what is provided in Article 16, Paragraph 22, Line (c) of this Constitution, the obligatory nature of the second level of transition and the State’s duty to finance a free system starting with the lower middle level, with the aim of ensuring access to this and higher levels, will enter into force gradually, in the form provided by law.
Ownership of natural resources
Eighth
Large-scale copper mining and enterprises considered as such that were nationalized in virtue of what was stipulated in the seventeenth transitional provision of the Political Constitution of 1925, ratified in the third transitional provision of the Political Constitution of 1980, whose revised, coordinated, and systemized text was set by Supreme Decree No. 100 of 2005, will continue to be governed by the constitutional norms in force on the promulgation date of this Constitution.
Ownership of natural resources
Ninth
The water use rights established, recognized, or regularized since the entry into force of Law No. 21,435 will be governed by the standards established in the Water Code. The rights to use water constituted, recognized, or regularized prior to the publication of said law will be governed by the first transitory article of the same.
Head of state powers, Conditions for revoking citizenship
Tenth
The President of the Republic, within a time-span of five years counted from the entry into force of this Constitution, will send a bill that specifies the cases and procedures for revoking special grants of naturalization as provided in Article 18, Line (d).
Head of state powers, Right to amparo
Eleventh
Within a time-span of two years counted from the entry into force of this Constitution, the President of the Republic will send one or more bills to regulate procedures for the recourse of protection and the recourse of amparo. As long as this legislation does not enter into force, the rulings that the Supreme Court issues on these matters will continue to hold.
Head of state powers, Emergency provisions
Twelfth
Within eighteen months after the entry into force of this Constitution, the President of the Republic must send a draft institutional law that adapts Law No. 18,415, Constitutional Organic Law on States of Exception. As long as the corresponding body of law is not issued, the current regulations will continue to apply, insofar as they are not contrary to the Constitution.
Electoral court powers, Regulation of political parties
Thirteenth
As long as legal provisions concerning political parties and the Election Certification Tribunal are not adapted to the new constitutional regime, the procedure for processing the recourse of reclamación against punitive verdicts of supreme tribunals of political parties will be regulated by one or more legal orders issued by the Election Certification Tribunal, which will ensure, in any case, a rational and fair process.
Regulation of political parties, Restrictions on political parties
Fourteenth
- Pending modification of the cause specified in Article 56, Number 2 of Decree With Force of Law No. 4 (2017), of the Ministry of the General Secretariat of the Presidencia, which establishes the consolidated, coordinated, and systematized text of Law No. 18,603, Organic Constitutional Law on Political Parties, the cause will not be applied, it being understood that the political parties will be dissolved for not reaching two point five percent of validly cast votes in the last election for deputies. The Election Certification Tribunal will communicate the vote count to the Electoral Service, which will certify fulfillment of the required minimum. The aforementioned vote count will be declarative in nature.
- Where the above paragraph is concerned, the provision of Article 56, Paragraph 2 and Article 57, Paragraph 2 will be applicable to the body of law.
Compulsory voting
Fifteenth
- The provisions concerning penalties for not voting and the procedure for applying them stipulated by Law No. 21, 200, Law No. 21,448, and Law No. 21,533 will remain in force.
- As long as there is not a law in accordance with Article 40, the provisions of Law No. 21,533 concerning the matters indicated in the above paragraph will be understood to apply.
Electoral court powers, Electoral commission
Sixteenth
Pending modification of the law in accordance with the provision in Article 45, Paragraph 8, the following will hold:
- The administration of the Electoral Service and certification by the Tribunal will only be applied to internal election of executive organs and intermediate collective bodies of national rank.
- The Board of Directors of the Electoral Service will regulate the administration of these internal elections through instructions, which will be appealable before the Election Certification Tribunal.
- The procedure for certifying these elections will be regulated by orders issued by the Election Certification Tribunal.
Seventeenth
The legal reform that adapts the institutional law of the National Congress to provide for the creation of the Parliamentary Office of Public Finances and Regulatory Impact, per the new constitutional regime, will be presented within one year following the entry into force of this Constitution.
Eighteenth
Without prejudice to the provisions of Decree With Force of Law No. 2 (2017), which establishes the consolidated, coordinated, and systematized text of Law No. 18, 700, Organic Constitutional Law on Popular Voting and Vote-Counts, the power of the Board of Directors of the Electoral Service referred to in Article 180 of the aforementioned body of law will be exercised in the month of April, 2024, based on the official census that was last conducted.
Regulation of political parties, Restrictions on political parties
Nineteenth
On an exceptional basis, to attain parliamentary representation in the Chamber of Deputies in the first electoral process that is held after this Constitution’s entry into force, political parties must obtain at least four percent of validly cast votes on a national level, or have enough seats to total a minimum of four parliamentarians in the National Congress between incoming deputies elected in the said election and senators who continue in office until the next election.
First chamber representation quotas, Second chamber representation quotas, Equality regardless of gender
Twentieth
Within a year after the entry into force of this Constitution, there will be submitted to the National Congress, by message or motion, a bill for an electoral law that must provide for a mechanism for its membership according to the following rules:
- The mechanism will correct the distribution and preliminary allocation of seats in deputy and senator elections when one sex surpasses seventy percent of the persons elected in the respective acts.
- Preliminary assignments of candidates of the overrepresented sex will give way in favor of candidates of the underrepresented sex, until proportion stipulated in the previous line has been achieved.
- The mechanism first will operate on candidates of the overrepresented sex that have received fewer votes in the coalition list that received fewer votes. The law will seek to prevent reassignment from candidates who have been preliminarily elected in lists or coalitions that received more votes.
- The validity of the mechanism referred to in this article will cease after the two parliamentary elections that follow the entry into force of the electoral law that this article refers to, or, if before the aforementioned period the proportion specified in Line (a) is achieved without the mechanism’s intervention
Twenty-First
Pending publication of the law that Article 89 refers to, the pecuniary penalties specified in Paragraph 4 will be no less than ten percent and no more than twenty-five percent of the monthly stipend, and it will be determined by the Ethics Committee of the respective Chamber after a fair and rational proceeding.
Twenty-Second
Adjustments to the by-laws of the Chamber of Deputies and the Senate that need to be carried out in order to fulfill provisions in this Constitution will be made within one year after the publication of this Constitution.
Twenty-Third
- The law on the new civil service regime stipulated in Article 112 of this Constitution must be submitted to the National Congress within two years following the entry into force of this Constitution. This law will apply to new hires and promotions of public functionaries that this norm refers to and that are carried out in the Administration of State.
- In any case, this law must safeguard the rights of functionaries who, on the date of its entry into force, are on the staff rolls, without prejudice to establishing that these functionaries may join the new civil service regime voluntarily, in which case these functionaries will be governed by the norms of the new civil service regime; and likewise without prejudice to stipulating that vacancies in this positions, after the entry into force of the aforementioned law, must be filled in accordance with the norms of the new civil service regime.
- Likewise, the law will regulate the transition to the new civil service regime of public functions who, on the date of its entry into force, are subject to the current contract regime, as well as those who are subject to a fee-based contract regime, in accordance with this Constitution.
Head of state powers
Twenty-Fourth
Within a period of one year from the entry into force of this Constitution, the President of the Republic must send a bill to the National Congress in which he identifies the functionally autonomous or independent technical public services enshrined in Article 113. The same bill must adapt the relevant laws to the requirements contained in that article.
Twenty-Fifth
As long as the law referred to in Article 121, Paragraph 2 is not issued, the matter will continue to be governed by the regulatory provisions that refer to the matter.
Twenty-Sixth
Pending adaptation to the new constitutional regime of Law No. 19,175, Organic Constitutional Law of Regional Government and Administration, whose consolidated, coordinated, and systematized text was set by Decree with Force of Law No. 1-19,175 (2005), from the Ministry of the Interior, it will be understood that representatives of the President of the Republic in the different regions and provinces established by Article 140 are respectively the authorities specified in Title I, Chapters I and II of the aforementioned decree with force of law.
Scheduling of elections
Twenty-Seventh
- The elections of regional governors, regional councilors, mayors, and municipal councilors for 2028 are postponed to the last Sunday of April, 2029.
- The regional governors and regional councilors who were elected in 2024 will leave office on July 6, 2029.
- The mayors and municipal councilors who were elected in 2024 will leave office on July 6, 2029.
- As of 2029, and:
- Pending modification of Article 99 bis of Law No. 19, 175, Organic Constitutional Law of Regional Government and Organization, whose consolidated, coordinated, and systematized text was established by Decree with Force of Law No. 1-19,175 (2005) from the Ministry of the Interior, it will be understood that regional councilors are to be installed on July 6 of the year of the respective election.
- Pending modification of Article 83 of Law No. 18, 695, Organic Constitutional Law of Municipalities, whose consolidated, coordinated, and systematized text was set by Decree with Force of Law No. 1 (2006) from the Ministry of the Interior, it will be understood that municipal councilors are to be installed on July 6 of the year of the respective election.
Head of state powers
Twenty-Eighth
Within two years following the entry into force of this Constitution, the President of the Republic must present the bills to regulate the special statutes of government and administration of Rapa Nui and the Juan Fernández Islands. Prior to the submission of the first of these bills, a process of indigenous participation and consultation must be carried out with the Rapa Nui people, in accordance with the current legal framework.
Head of state powers
Twenty-Nineth
Establishment of judicial council, Constitutional court selection
The bill for an institutional law to regulate the body referred to in Article 159 must be presented by the President of the Republic to the National Congress within a period of twenty-four months following the publication of the Constitution. Until this law comes into force, these appointments will be made in accordance with current regulations.
Head of state powers
Thirtieth
The bill for an institutional law to regulate the body referred to in Article 161 must be submitted by the President of the Republic to the National Congress within a period of eighteen months following the publication of the Constitution. Until this law enters into force, these functions will be exercised by the Administrative Corporation of the Judicial Branch, in accordance with Title XIV of Law No. 7,421, which establishes the Organic Code of Tribunals.
Head of state powers
Thirty-First
The bill for an institutional law to regulate the body referred to in Article 162 must be presented by the President of the Republic to the National Congress within a period of eighteen months following the publication of the Constitution. Until this law comes into force, these functions will be exercised in accordance with current regulations.
Head of state powers
Thirty-Second
The bill for an institutional law to regulate the body referred to in Article 163 must be presented by the President of the Republic to the National Congress within a period of eighteen months following the publication of the Constitution. Until this law enters into force, these functions will be exercised by the Judicial Academy, regulated in Law No. 19,346.
Head of state powers
Thirty-Third
The bill for a law to regulate the manner and timing of forming the benches of superior courts of justice from substitute ministers must be presented by the President of the Republic to the National Congress within eighteen months following the publication of the Constitution. Until this law enters into force, the benches of the aforementioned courts will be composed of attorneys that are currently serve on them, in accordance with norms that are currently in force.
Thirty-Fourth
The disciplinary system established in article 162 will only operate for proceedings whose execution begins after the entry into force of the law referred to in said provision.
Head of state powers, Structure of the courts
Thirty-Fifth
Within a period of five years from the promulgation of this Constitution, the President of the Republic will present a bill to regulate the organization and operation of the communal courts referred to in Article 156, Paragraph 8, which will be continuators of the local police courts.
Thirty-Sixth
Until the law is enacted that establishes the procedure that must be followed for the public tender system indicated in Articles 159 and 161, the procedure will be carried out by the Council of Senior Public Management in accordance with the procedure indicated in Law No. 19,882, Title VI.
Thirty-Seventh
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Constitutional court removal
Upon this Constitution’s entry into force, the ministers of the Constitutional Court who are regularly invested in their functions will remain in their positions for the remainder of their terms in accordance with the second and third paragraphs of Article 92 of Supreme Decree. No. 100, which establishes the consolidated, coordinated and systematized text of the Political Constitution of the Republic of Chile. If any of them leaves office early, he will be replaced in accordance with the procedure established in this Constitution, his term will last for the remainder of his predecessor’s, and he may be re-elected. The same rule will apply to substitute members.
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Constitutional court selection, Constitutional court term length, Constitutional court removal
For the first appointments of members of the Constitutional Court, in accordance with Article 196, the following rules will be followed:
- In 2024, two members of the total number of those who must leave their position must be replaced. One of the new members will serve for nine years, and the other for ten years, as determined by lot. This rule will also be applicable to those ministers who have been appointed that year in accordance with the Constitution that is being replaced.
- In order to comply with the rule of partial renewal at a rate of one each year, contained in Article 166, Paragraph 3, the new members of the Constitutional Court who replace members of the Constitutional Court will be appointed for terms of seven to nine years, as applicable, until full renewal is achieved for nine-year terms, appointing one each year.
- When two ministers of the Constitutional Court are replaced in the same year, the Senate will proceed to draw lots among the chosen candidates to determine the period they will last in office, in accordance with the preceding line.
- The Constitutional Court never may have more than nine members.
Thirty-Eighth
- Proceedings currently underway before the Constitutional Court will continue until they are fully resolved, in accordance with the regulations established in Chapter VIII of Supreme Decree No. 100, which establishes the consolidated, coordinated and systematized text of the Political Constitution of the Republic of Chile and Decree with Force of Law No. 5 (2010), which in turn establishes the consolidated, coordinated and systematized text of Law No. 17,997, Organic Constitutional Law of the Constitutional Court. In everything that is not incompatible with the provisions of this Constitution, the aforementioned law concerning the organization, operation, procedures, and personnel regime of the Constitutional Court will remain in force until the entry into force of the Institutional Law of the Constitutional Court.
- Where are legal effects are concerned, it will be understood that the Constitutional Court is the continuator of the Constitutional Tribunal.
Establishment of constitutional court
Thirty-Ninth
Upon the entry into effect of this Constitution, the Constitutional Tribunal will cease its functions and be dissolved in the full sense of the law. At this moment, the Constitutional Tribunal’s assets, rights, and obligations, including its personnel, will pass to the Constitutional Court without any interruption. The status of its members will be determined according to the terms of the thirty-seventh transitional provision.
Fortieth
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Head of state powers, Attorney general
Within one year from the entry into force of this Political Constitution, the President of the Republic will send to the National Congress a bill to adapt Law No. 19,640, which the organic constitutional law of the Public Ministry establishes, to this Constitution’s provisions concerning the formation of the High Complexity Prosecutor's Office, the Internal Affairs Prosecutor's Office, and the Advisory Council of the Public Ministry.
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Protection from ex post facto laws
Constitutional norms on the Public Ministry, norms from its institutional law, and norms that modify the Criminal Procedure Code or the Organic Code of Courts for the formation of the High Complexity Prosecutor's Office and the Internal Affairs Prosecutor's Office will apply exclusively to the acts that begin to be executed after the entry into force of such provisions.
Forty-First
Head of state powers, Protection of victim's rights
Within one year of the entry into force of this Political Constitution, the President of the Republic will send to the National Congress a bill to create the Service for Access to Justice and Defense of Victims, grouping in this single service all state programs that address legal advice and defense, as well as psychological and social support.
Forty-Second
Until the National Congress issues the law to regulate the procedure that must be followed for the public tender system stipulated in Article 175, Paragraph 2; Article 177, Paragraph 3; Article 178, Paragraph 2; and Article 180, Paragraph 1, Line (e), public tender procedures will be carried out by the Council of Senior Public Management in accordance with the procedure specified in Law No. 19,882, Title VI. The procedure that must be followed for the public tender system indicated in Article 179, Paragraph 1 will be governed by extant regulations at the time that this Constitution enters into force.
International law
Forty-Third
The State of Chile recognizes the jurisdiction of the International Criminal Court, in accordance with the Rome Statute and its amendments that have been ratified by Chile. Upon implementing this recognition, Chile reaffirms its preferential power to exercise its criminal jurisdiction in relation to the jurisdiction of the International Criminal Court, by which the latter will be a subsidiary of the former, in the terms foreseen in the Rome Statute. The International Criminal Court’s jurisdiction only maybe exercised in regard to crimes in its competence whose execution began after the entry into force in Chile of the Statute of Rome.
Electoral commission, Electoral court removal, Electoral court powers
Forty-Fourth
The people who currently serve as members of the Board of Directors of the Electoral Service, the Election Certification Tribunal, and the regional electoral tribunals will continue in their positions in accordance with Articles 94 bis, 95, and 96 of Supreme Decree No. 100, which establishes the consolidated, coordinated and systematized text of the Political Constitution of the Republic of Chile, and will leave office after completing the term for which they were appointed.
Electoral court powers
Forty-Fifth
Upon the entry into force of this Political Constitution, the President of the Republic will send to the National Congress a bill to adapt Law No. 18,460, Organic Constitutional Law of the Election Certification Tribunal. Pending its entry into force, the member of the Election Certification Tribunal appointed in accordance with Article 185, Paragraph 3, Line (b) will receive a remuneration equivalent to ten monthly tax units per session held, with a limit of fifty monthly tax units per month.
Forty-Sixth
- If on the date of this Constitution’s entry into force a Comptroller General of the Republic is in office, he will remain in office until the term for which he was appointed expires or until he leaves office.
- If on the date of the Constitution’s entry into force the position of Comptroller General of the Republic is vacant, the norms established in Article 189 will be applied for his appointment. This appointment must be made within ninety days following the entry into force of this Constitution.
Establishment of tax courts, Head of state powers
Forty-Seventh
- Within a year of the entry into force of this Constitution, the President of the Republic must present the bills necessary to establish the Tribunal of Accounts created in Article 191.
- Upon the entry into force of this Constitution, the authorities and functionaries that serve on the Court of Account of first instance referred to in Article 107 of Law No. 10,336, whose consolidated, coordinated, and systematized text was established by Supreme Decree No. 2,421 (1964) of the Ministry of the Treasury, will continue exercising their exclusive competence until the Tribunal of Accounts created in Article 191 begins functioning.
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Right to appeal judicial decisions
Appeals that have been brought against first-instance rulings issued by the Court of Accounts of first instance will continue to be heard and resolved in the Court of Accounts of second instance, without prejudice to the regime of recourses that may be provided by the law that establishes the Tribunal of Accounts. Starting with the entry into force of this Constitution, however, appeals that are filed against first-instance rulings in accounts proceedings will be heard by the Court of Appeals of Santiago. For all legal and constitutional purposes, it will be understood that the Court of Appeals of Santiago will be the successor of the Tribunal of Accounts of second instance, once it has resolved the last pending appeal, at which time the Tribunal of Appeals of second instance will be understood to have been dissolved. Since the Carabineros de Chile act as a gendarmerie per standard English-language usage, this translation renders Gendarmería de Chile in terms of its function as a national prison service and retains the Spanish term Carabineros de Chile. The recourse of reclamación allows certain administrative or judicial findings to be challenged before a given higher authority, which varies depending on context.