Court Admits Opposition Challenges
The Plenary of the Constitutional Court (TC) admitted for processing and declared admissible three requests presented by opposition senators and deputies against various articles of the megareform of the government of President José Antonio Kast. This way, the filings cleared the two preliminary steps before the analysis of the merits. First, the admission for processing is discussed, then admissibility, and it is exceptional for the TC Plenary to resolve both steps at once, as happened this time.[S1]
The TC Plenary met this Thursday and discussed the admission and admissibility of the requests as the first item on its agenda. After settling that, the body reported that "a five-day period was granted to His Excellency the President of the Republic, the Honorable Senate, and the Honorable Chamber of Deputies to pronounce, if they deem it appropriate, on the constitutionality issues raised by the claimants." Subsequently, the Plenary will resolve the merits, hearing arguments in a hearing on Thursday, August 13.[S1]
Hearings and Next Steps
Additionally, it was agreed to convene a public hearing on Wednesday, August 12, starting at 9:00 AM. For two of those requests, the body had granted the opposition a three-day period to correct formal aspects that had not been properly executed. So far, there are three requests that the opposition filed with the TC against the initiative for national reconstruction and economic and social development.[S1]
There is the option that, at the request of their mayors, the opposition forces could file a fourth request. This is because, during the debate of the project in the Senate, the opposition accused that the formula establishing a compensation mechanism for municipalities for funds they will stop receiving due to the property tax exemption creates an unequal distribution, so they made a constitutionality reservation.[S1]
Challenged Provisions
Regarding the requests that the TC agreed to discuss on their merits, one aims to declare unconstitutional the provisions referring to the invariability of tax provisions for 10, 15, or 20 years. Another seeks to challenge those articles that establish a special compensation regime charged to the Treasury for the judicial annulment of Environmental Qualification Resolutions (RCA). The third aims to review the tax invariability statute.[S1]
The decision was adopted unanimously by the Plenary after analyzing the challenges accumulated under Role No. 17,828-26-CPT, corresponding to Bulletin No. 18,216-05. The TC's resolution does not imply a ruling on the merits of the megareform but rather initiates the processing of the requests, whose review will focus on the challenged provisions of the national reconstruction and economic and social development project.[S2]
