States of Emergency in Chile: A Comprehensive Guide
States of Emergency in Chile
Declaration and Congressional Role
The President of Chile can declare a state of siege or a state of assembly, but only with the approval of the National Congress. Congress has five days to vote on the President’s proposal, with a simple yes or no decision. No amendments or conditions can be added. While Congress deliberates, the President can temporarily declare a state of siege or assembly.
Duration and Extension
A state of siege lasts 15 days, extendable by the President for another 15 days if the emergency persists. While the Constitution doesn’t explicitly require Congressional approval for extensions, it’s generally accepted that such approval is necessary. A state of assembly has no time limit, remaining in effect for the duration of the war or external threat.
Extension refers to prolonging an existing state of emergency before it expires. All measures taken during the initial period remain in effect. Renewal, conversely, establishes a new state of emergency after the previous one has ended, requiring all measures to be re-declared.
Affected Rights
State of Assembly
Under a state of assembly, the following rights can be suspended or restricted:
- Personal freedom (arrest in places other than jails, relocation within the country)
- Expulsion from the country
- Prohibition of entry into Chile
- Prohibition from leaving the country
- Freedom of movement (e.g., curfew)
Note: Arrest under a state of emergency is distinct from detention related to a crime. Arrest can also occur in cases of coercion (e.g., to enforce payment) or as a disciplinary measure.
State of Siege
Under a state of siege, the Constitution specifically allows for:
- Arrest in places other than prisons
- Restriction of freedom of movement
- Suspension of the right of assembly
State of Catastrophe
Under a state of catastrophe and assembly, the government can implement extraordinary measures, including:
- Requisition: Forced loans imposed on individuals to address emergency needs, with compensation required.
- Domain Limitations: Restrictions on property rights, with compensation due if essential rights are significantly impacted.
The state of catastrophe also allows for streamlined administrative procedures to expedite aid to affected areas.
Legal Recourse
Citizens can challenge measures taken during a state of emergency through legal actions such as recurso de protección. Prior to 2005, courts had limited jurisdiction, focusing only on procedural matters. Now, courts have full authority to evaluate the grounds and factual basis for the measures. However, actions of the government itself are generally not subject to judicial review, except for procedural aspects of the decree declaring the state of emergency.
Economic Emergency Decree (Article 32 of the Constitution)
This decree allows for spending beyond the budget in limited circumstances (public disaster, external attack, internal disturbance, threat to national security, depletion of resources for essential services). It requires the signature of the President and all ministers, and spending cannot exceed 2% of the total authorized budget. Exceeding this limit constitutes misappropriation of public funds.
Regulatory Power (Article 32 No. 6 of the Constitution)
This grants the President the power to issue decrees, regulations, and instructions for two main purposes:
- Implementing existing laws
- Regulating non-legal matters (self-regulation)
Supreme Decrees, signed by the President and at least one minister, are the formal instruments for these regulations. The minister’s signature signifies their responsibility for the decree’s legality. In certain cases, decrees can be issued without the President’s signature, but with the phrase “By order of the President of the Republic.”