Martín Canessa

Associate

mcanessa@carey.cl
+56 2 2928 2612



His practice focuses on administrative, constitutional and regulatory law, advising several national and international clients, as well as public entities and state-owned enterprises on all sorts of matters directly or indirectly related to the public sector in Chile. This includes concessions, public procurement, negotiation and development of public-private associations and advice to educational institutions at pre-school, school and higher levels. His practise also embraces litigation before Chilean administrative bodies, ordinary and special courts of justice, the Chilean Public Procurement Court and the Chilean Constitutional Court, legal defense against sanctions imposed by public entities, representation of foreign workers in immigration litigation, advice on sectoral regulations in various markets, regarding public policies and legislative matters, as well as issues related to the Chilean Transparency law.


REPRESENTATIVE EXPERIENCE

  • Arauco, a relevant forestry company in Chile, on a series of conferences with its Board of Directors regarding the constituent process and the proposal for the new Constitution, including the main issues discussed. The advice included several reports containing a detailed analysis of the potential implications and risks of the new Constitution's rules.
  • Strabag, a European construction company with operations in more than 60 countries, on an analysis of the potential impact of the Chilean constitutional process on the construction industry.
  • GNL Quintero on a legal report regarding the proposal for the new Constitution, including an analysis of the main topics discussed and the potential risks and benefits that could affect it from its practical application.
  • Codelco, a Chilean state-owned company and the world's largest copper producer, on an inapplicability request before the Constitutional Court, brought by dismissed workers and implicated in irregularities related to insurance contracts during their period as union leaders, achieving that the request was declared inadmissible.
  • Asociación Nacional de Fútbol Profesional (ANFP) on a legal opinion regarding the constitutionality, legality and legitimacy of the reforms to its bylaws.
  • A major renewable energy company on the design and development of a strategy to reverse the new energy efficiency measurement method, which was approved in the recent amendments to the energy transfer regulation of the General Law of Electric Services.

ACTIVITIES AND MEMBERSHIPS

  • Teaching Assistant of Constitutional Reform or New Constitution and Challenges of the Chilean Political Regime, LL.M., Universidad Católica de Chile (since 2020).
  • Teacher of Constitutional Law, Universidad del Desarrollo (since 2019).
  • Teacher of the Immigration Legal Clinic, Universidad Alberto Hurtado (since 2019).
  • Teaching Assistant of Constitutional Law, Universidad Católica de Chile (since 2013).

PUBLICATIONS

  • Co-author of the chapter “Right to health of migrant children and adolescents from the model of Social Determinants of Health: Projections and challenges in a new political and regulatory scenario” in Childhood, family, migration and rights, Tirant Lo Blanch (2022).
  • Co-author of the chapter “The new migration law before the Constitutional Court: how far does the protection of the Constitution go when you are a migrant in Chile?”, in Public Law Annual 2021, Ediciones Universidad Diego Portales (2022).
  • Co-author of the chapter “Constituent identity: Notes on the role of Human Rights in the constituent process and proposals for the new Constitution”, in Actualidad Jurídica, Nr. 45 (2022).
  • Co-author of the chapter “Rights of migrants and refugees: collective lack of protection”, in Annual Human Rights Report 2021, Ediciones Universidad Diego Portales (2021).
  • Co-author of the chapter “The illegitimacy of the legal limits to the proportion of foreign workers in the company: An analysis from the right to equality and freedom of work”, Second Latin American Biennial of Human Rights Studies, Universidad de los Andes, Colombia (pending publication).
  • Author of the chapter “The Democratic Need for the Right to Adequate Housing in the New Constitution” in Constitutional Discussions: Contents for a New Social Pact in Chile, Centro de Estudios del Desarrollo (2021).

RELATED AREAS


EDUCATION

  • Law, Universidad Católica de Chile.
  • Academic certificate (minor) in International Relations, Institute of Political Science, Universidad Católica de Chile (2016).

ADMISSIONS

  • Chile (2019).

LANGUAGES

  • Spanish.
  • English.

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