Until now, a majority slam in Congress has received the comptroller’s proposal Jorge Bermudezwho before the Constitutional Convention proposed to enable the government so that it can adapt regulations to the new Fundamental Charter through Decrees with Force of Law (DFL).
Bermúdez’s idea -which was endorsed by the Minister Secretary General of the Presidency, Giorgio Jackson– was to delegate to President Gabriel Boric the dictation of certain adequate norms (DFL) so as not to increase the workload that Congress will have in adapting laws.
However, the President of the Senate, Alvaro Elizalde (PS), commented that “It is worrying that the implementation of the new Constitution is intended to be legislated by decree. Dictatorships legislate by decree, democracies do so through representatives elected by the people in Congress”.
He added that “it would be a contradiction for a constituent process, whose main objective is to raise democratic standards, to be implemented by decree.”
The President of the Chamber, Raúl Soto (PPD), agreed with Elizalde and pointed out that “there is a democratically legitimized Legislative Power to fulfill this task.” “I do not like the institutional shortcuts that are typical of authoritarianism”.
Senator UDI and vice president of the Upper House, Ebensperger Light, said that the proposal “seems very serious to me”, even more so if the government is behind it promoting that idea. “It would be skipping Congress”.
The head of the UDI bench, Ivan MoreiraHe added that it was “another affront to Congress.” She added that she is “extraordinarily dangerous for democracy” and typical of dictatorships.
Senator D.C. and Chairman of the Senate Constitution Committee, Matias Walkersaid it would be “unacceptable and would bring us closer to the worst practices of authoritarian governments.
“This is far from democracies and is closer to totalitarian regimes”, expressed the deputy and general secretary of RN, Diego Schalper.
However, from the Comptroller they limited that Bermúdez’s proposal implied two things. On the one hand, the creation of these DFL and, on the other, “entrust Congress with the enactment of the laws”, within a period of time. In addition, they commented that the idea of Decrees with Force of Law was limited only in administrative aspects”.
Thus, the Bermúdez formula would give powers to the Executive to take charge of the implementation of the new Fundamental Charter. Nevertheless, the President would acquire more poweraccording to some jurists.
“The proposal creates a reinforced hyper-presidentialismby generating an accumulation of power rarely seen in the President”, commented the professor of Constitutional Law, Christopher Osorio.
On Thursday, when he spoke before the Convention, Minister Jackson agreed with Bermúdez. He said that “there are some powers” of an administrative nature, “that I believe that it is convenient for the Executive to take charge and, therefore, that responsibility be required of the Executive”, regardless of whether there are issues of a political nature that remain in the hands of Congress.b