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A new constituent path
December 21, 2022

On December 12, 2022, most political parties and movements with parliamentary representation signed the "Agreement for Chile" (the "Agreement"), through which they commit to enable a new constituent process to have a new Constitution for Chile.

This Agreement arises from the will of the different political forces to give a democratic course to the creation of a new Constitution, after the rejection of the previous proposal for a new Constitution drafted by the Constitutional Convention in the plebiscite of September 2022.

In general terms, the new Agreement establishes procedural and substantive rules. On the one hand, it indicates the bodies and the way in which they will act in the constituent process, the way in which their members will be elected, the terms of operation and the quorums for approving the proposed rules. On the other hand, it indicates 12 institutional bases that the proposal for a new Constitution must contain, as borders or limits of the debate.

The bodies in charge of carrying out the process will be: 1) The Constitutional Council, composed of 50 people elected by popular vote and whose function will be to discuss and approve the text of the new Constitution, 2) The Expert Commission, formed by 24 persons of indisputable professional, technical, and/or academic trajectory elected by the Congress, that will be responsible for writing a preliminary draft that will be the basis for the constitutional discussion, 3) The Technical Committee on Admissibility, made up of 14 jurists of outstanding professional and academic trajectory, who, among others, will review the norms approved in the di­fferent instances to determine their eventual inadmissibility when they are contrary to the constitutional bases.

It is important to remind that the Agreement will be implemented through constitutional reforms approved by 4/7 of the parliamentarians in office, which is expected to take place in the upcoming weeks.

To review the full text of the Agreement, as well as all the information regarding this and previous constituent processes, please visit the following link.

AUTHORS: Patricio Zapata, Ignacio Gillmore, Juan Ignacio Alarcón, José Ignacio Millañir.

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