Chilean Law: Enactment, Effects, and Interpretation
Bill in Joint Committees
Joint commissions are created by agreement between the chambers. When there is agreement, the project returns to both Houses for a vote, requiring a majority to pass. These committees arise when:
- A project is approved in the House of origin and rejected in the House of Review.
- An amended draft from the House of Review is rejected by the House of Origin.
Procedure: Project Approved, Then Rejected
If the Joint Commission agrees, the project is reconsidered by both Houses, requiring a majority vote. If no agreement is reached, or the proposal is rejected in the House of Origin, it may insist on its previous project at the President’s request, requiring a two-thirds majority. If the House of Origin agrees, the project goes to the House of Review, which can only reject it with a two-thirds vote. Failing quorum, the project is adopted.
Procedure: Amended Draft Rejected
If the Joint Committee agrees, the project is reconsidered by both chambers, requiring a majority vote. The project is then forwarded to the President. If no agreement is reached or either House rejects the proposal, the President may request the House of Origin to reconsider the project as approved by the House of Review. If the House of Origin reverses its decision, the project continues. If it declines again with a two-thirds majority, there is no law on rejected parts. If the rejection doesn’t achieve two-thirds, the project returns to the House of Review, requiring a two-thirds majority to approve.
Decree with Force of Law (DFL)
- Rules given by Parliament delegating to the President.
- Held on matters of legal domain (Art. 60 CP).
- Authorization cannot exceed one year.
- Excludes specific subjects of LOC and Q. Qualified.
- DFL has the force of law and can only be repealed by a law.
Decrees
Given by the Executive without legislative authorization. PeDL3.500
Enactment
Approved draft law by the President requires a promulgation decree within 10 days, declaring the law’s existence.
Publication
Within five working days of the decree, the law’s text must be published in the Official Journal, becoming mandatory and known to all (Art. 8 of C. Civil).
Content of the Law: May contain terms, be imperative (PROHIBIT), or permissive. Normative acts rule on topics of previous laws, amendments, or interpretations.
Effects of the Law Regarding Time
The law applies from its enactment and publication (Art. 6) until repealed. Repeal is the removal of a law’s binding force, express or implied, in whole or in part.
Retroactivity of the Law:
Article 9: “The law can provide for the future, and will never have a retroactive effect.” This applies to all legislation but is under the civil code, not the constitution, allowing retroactive laws with restrictions.
Criminal Matters: According to Art. 19 n º 3 CP, no one can be tried by a tribunal not previously established, or for offenses with penalties other than those prescribed by a prior law, unless the new law favors the affected.
Civil Matters: Limitations are given by constitutional guarantees, especially the right of ownership (19 N º 24).
Retroactive Effect of the Law:
LE art.1 retroactive determines conflicts from laws enacted at different times, based on acquired rights and mere expectations.
Acquired rights are incorporated into heritage or lawfully exercised. Mere expectation is not a right to assets or power.
Art. Retroactive LE 7 states “Mere expectations are not right.”
Matters referred to the law:
a) Status: Marital status is a permanent quality based on family relationships.
b) Capacity: Legal capacity for acquiring civil rights (cap.goce) or exercising them (cap.ejercicio).
c) Real Rights: Acquired under the rule of law, but pleasures and extension loads are governed by the new law.
d) Ownership: Dedicated to the new law.
e) Conditional rights: Deadline for a failed condition is that of the old law, unless exceeded by the new law.
f) Inheritance: Solemnities of wills are governed by the law at the time of grant. Dispositions, disability, or unworthiness of heirs are governed by the new law.
g) Contract: Incorporates laws in force at its conclusion.
h) Judicial procedure: Procedural laws governing in actum.
i) Prescription: Art. 25 gives the option of choosing within one or other law, but if choosing the new law, it counts from its effective date.
Effects of the Law Regarding Land
Offshore Law:
Territory is bounded by state borders, extending to the territorial sea and airspace (Decree with force of Law No. 221.).
Territoriality of law: Art. 14: “The law is mandatory for all inhabitants of the Republic, including foreigners.”
Extraterritoriality of the law:
a) Application of foreign law in Chile: Article 16 gives value to contracts granted in a foreign country.
b) Implementation of Chilean law abroad: Art. 15: Patriotic laws governing civil rights and obligations remain under Chileans, regardless of residence.
Interpretation of Law
Determining the true meaning and scope of the law, including all activities for implementation.
Classes:
Interpretation by authority (legislature or court).
Elements:
Grammar: Analysis of semantics and syntax.
Historic: History of the law’s establishment.
Logical: Accord between parts of the law.
Systematic: Match with other laws on the same subject.
- General spirit of legislation and natural justice: equity is the justice of the case.