Chile 2022 Draft Constitution

CHAPTER V. GOOD ADMINISTRATION AND PUBLIC POWERS

Article 165

1. The exercise of public powers bind their holders to comply with the principles of probity, transparency and accountability in all their actions. In addition, it is governed by the principles of efficiency, effectiveness, responsibility, publicity, good faith, interculturality, gender focus, inclusion, non-discrimination and sustainability.
2. The public service must be provided with territorial, cultural and linguistic relevance.

Article 166

1.  The principle of probity consists in observing responsible and impeccable official conduct, performing the corresponding function or position in a loyal, honest, objective and impartial manner, without incurring discrimination of any kind, with pre-eminence of the general interest for in this regard.
2. The elected authorities and other authorities, officials and officials determined by statute must declare their interests and assets in a public manner. The law will regulate the cases and conditions in which they will delegate to third parties the administration of those assets and obligations that suppose a conflict of interest in the exercise of public office. It may also consider other appropriate measures to address them.

Article 167

1. The Constitution assures all persons the transparency of public information by facilitating its access in an understandable and timely manner, periodic, proactive, legible and in open formats, within the terms and conditions established by law. The principle of transparency requires state bodies to make public information available to anyone who requires it and to ensure its timely delivery and accessibility.
2. The information prepared with a public budget and all other information held or in the custody of the State is public, whatever its format, support, date of creation, origin, classification or processing.
3. Any institution carrying out a public power or administering public resources must comply with the principle of transparency.
4. Only the law may provide for the confidentiality or secrecy of such information, for reasons of State security or the national interest, protection of the rights of individuals, personal data or when their publicity affects the due fulfillment of the functions of the respective institution, according to its purposes.

Article 168

The organs of the State and those who exercise a public function must be accountable and assume responsibility in the exercise of their office, in the manner and under the conditions that establish the law. The State shall promote the active participation of individuals and civil society in monitoring compliance with this duty.

Article 169

1. The Council for Transparency is an autonomous, specialized and objective body with legal personality and its own assets, in charge of promoting the transparency of the public function, supervising compliance with the rules on transparency and publicity of the information of the organs of the State and guarantee the right of access to public information.
2. The law shall regulate its composition, organization, functioning and powers.

Article 170

1. Corruption is contrary to the common good and undermines the democratic system.
2. It is the duty of the State to promote the integrity of the public service and to eradicate corruption in all its forms, both in the public and private sectors. In compliance with the above, it must adopt effective measures for its study, prevention, investigation, prosecution and punishment.
3. The competent bodies shall coordinate their actions through the corresponding bodies and mechanisms for the fulfilment of these purposes and shall pursue the application of the corresponding administrative, civil and criminal sanctions, in the manner determined by the law.

Article 171

The State assures all persons due protection, confidentiality and indemnity when reporting infractions in the exercise of public office, especially breaches of probity, transparency and acts of corruption.

Article 172

Persons convicted of crimes against humanity, sexual crimes and domestic violence, those linked to corruption such as tax fraud, money laundering, bribery, bribery, embezzlement of public funds and others that the law so establishes. The terms and terms of these disabilities shall be determined by statute.

Article 173

With respect to the highest authorities of the State, the law will establish greater demands and standards of responsibility for compliance with the principles of probity, transparency and accountability.

Article 174

A commission shall fix the remuneration of the popularly elected authorities, as well as of those who serve as their exclusive trust. Remuneration shall be fixed every four years, at least eighteen months before the end of a presidential term. The agreements of the commission shall be public, shall be based on technical background and shall ensure adequate remuneration for the responsibility of the position. A statute shall establish the composition, functioning and powers of this commission.

Article 175

1. Public administration aims to meet the needs of individuals and communities. It submits in its organization and operation to the principles of juridicality, speed, objectivity, participation, control, hierarchy, good treatment and the other principles indicated by the Constitution and the law.
2. The organs of the Administration shall execute public policies, plans and programs and shall provide or guarantee, where appropriate, the provision of public services on a continuous and permanent basis.
3. The law shall establish the basic organization of the public administration and may confer on its organs, among others, normative, supervisory, investigative, interpretative and sanctioning powers. In no case do these powers imply the exercise of jurisdiction.
4. Each authority and head, within the scope of its competence, may issue rules, resolutions and instructions for the best and most effective development of its functions.
5. Any person who has been violated in their rights by the Public Administration may complain to the administrative and jurisdictional instances established by this Constitution and the law.

Article 176

1. It is the duty of the State to provide universal and quality public services, which will be adequately financed
2. . The State shall plan and coordinate in an intersectoral manner the provision, provision and coverage of these services, under the principles of generality, uniformity, regularity and territorial relevance.

Article 177

1. The Public Administration carries out its own and usual functions through civil servants.
2. The positions that this Constitution or the law qualifies as of exclusive confidence, taking into account the nature of their functions, are part of the Government and will have the regime of income, performance and cessation established by law.
3. Persons who have the status of spouse, civil cohabitant or relatives up to the fourth degree of consanguinity and second degree of affinity, inclusive, with respect to the authorities and management officials of the State agency to which they apply, may not be appointed in the Public Administration. Exceptions are made to appointments made in application of the current rules on admission or promotion on merit in career positions.

Article 178

1. The State shall define mechanisms for the modernization of its processes and organization; adapt its operation to the social, environmental and cultural conditions of each locality; use advances in science, technology, knowledge and innovation to promote optimization and continuous improvement in the provision of public goods and services, and allocate the necessary resources for those purposes. It will also promote participation and efficient management according to the needs of individuals and communities.
2. An agency will be in charge of drawing up plans to promote the modernization of the State Administration, monitor its implementation, prepare periodic diagnoses on the operation of public services and other functions, as established by law. It will have an advisory council whose integration will consider, among others, users and officials of public services and territorial entities.

Article 179

1. The Civil Service is composed of civil servants who, under the direction of the Government, regional governments or municipalities, carry out the functions of the Public Administration. Positions of exclusive trust are excluded from the Civil Service.
2. Admission to these functions will be carried out through an open, transparent, impartial, agile system that privileges merit, specialty and suitability for the position, observing objective and predetermined criteria.
3. The development, performance evaluation and cessation of these functions must respect their technical and professional character. The law will regulate the bases of the civil service career, allowing the mobility of civil servants within the entire public administration and civil service training, taking into account the territorial and cultural relevance of the place where the service is provided. In addition, it will establish a system of education, training and further training of civil servants.

Article 180

1. The Directorate of the Civil Service is an autonomous body, with legal personality and its own assets, responsible for strengthening the public function and the procedures for selecting positions in the Public Administration and other entities established by the Constitution and the law, safeguarding the principles of transparency, objectivity, non-discrimination and merit. Their powers shall not affect the powers which, in the field of management, correspond to the authorities and heads of public services. The law shall regulate its organization and other powers.
2. This Directorate will regulate the selection processes of candidates for positions of the Senior Public Management System, or those that must be selected with their participation, and conduct the competitions aimed at providing positions of senior heads of services, through a Council of Senior Public Management.

Article 181

1. The fire departments of Chile make up an institution belonging to the civil protection system, whose purpose is to attend to emergencies caused by nature or human beings, notwithstanding to the specific competence of other public and / or private organizations.
2. The State must provide financial coverage to cover all its operational expenses, training and equipment, as well as provide medical coverage to its personnel for accidents or illnesses contracted by acts of service.
3. Chile’s fire departments will be subject in all their actions to the principles of probity, transparency and accountability.

Article 182

1. The State participates in the economy to fulfill its constitutional purposes, in accordance with the economic principles and objectives of solidarity, 62 economic pluralism, productive diversification and social and solidarity economy. In the exercise of its powers, it regulates, supervises, promotes and develops economic activities, in accordance with the provisions of this Constitution and the law.
2. The Constitution recognizes the State as an initiative to develop economic activities, through the various forms of ownership, management and organization authorized by law.
3. Public companies shall be created by statute, shall be governed by the legal regime determined by it and shall be subject to the rules on probity and accountability.
4. The State will promote innovation, local markets, short circuits and the circular economy.
5. .The State must prevent and punish abuses in the markets. Practices of collusion between undertakings and abuses of a dominant position, as well as business concentrations affecting the efficient, fair and fair functioning of markets, shall be understood as conduct contrary to the social interest. The law shall establish the sanctions against those responsible.

Article 183

1. Public finances shall be conducted in accordance with the principles of sustainability and fiscal responsibility, which shall guide the action of the State in all its institutions and in all its Levels.
2. The State shall use its resources in a reasonable, optimal, effective and efficient manner, for the benefit of the people and in accordance with the objectives imposed on them by the Constitution and the laws.
3. Notwithstanding to the different types of liability that may result from non- compliance with financial obligations, the law shall establish mechanisms for effective compensation of public assets.

Article 184

1. It is the duty of the State, within the scope of its financial powers, to establish a permanent policy of sustainable development and harmony with nature.
2. In order to have resources for the care and repair of ecosystems, the law may establish taxes on activities that affect the environment. Likewise, the law may establish taxes on the use of natural common goods, national goods for public use or goods Tax. When such activities are territorially circumscribed, the law must distribute resources to the corresponding territorial entity.

Article 185

1. All persons and entities shall contribute to the maintenance of public expenditures by paying the taxes, fees and contributions authorized by statute. The tax system is based on the principles of equality, progressivity, solidarity and material justice, which, in no case, will have confiscatory scope. It will have within its objectives the reduction of inequalities and poverty.
2. The exercise of the power to tax allows the creation of taxes that respond to purposes other than collection, and must take into account limits such as necessity, reasonableness and transparency.
3. The taxes collected, whatever their nature, will enter the fiscal coffers or the territorial entities as appropriate according to the Constitution. Exceptionally, the law may create taxes in favor of the territorial entities that tax the activities or goods with a clear identification with the territories.
4. Territorial entities may only establish fees and contributions within their territory in accordance with a framework law that will establish the taxable event.
5. Annually, the competent authority shall publish, in accordance with the law, tax revenues and state, regional and communal tax burdens, as well as tax benefits, subsidies, subsidies or bonuses for the promotion of business activity, including natural and legal persons. The cost of these tax benefits must also be estimated annually in the Budget Act and published.
6. There will be no plebiscite and referendum on tax matters.

Article 186

The State shall establish a national port policy, guided by the principles of efficiency in the use of the coastal edge; environmental responsibility, with special emphasis on the care of nature and natural common goods; public participation in the resources generated by the activity; connection with the territory and the communities in which the port areas are located; recognition of the port professional career as high-risk work, and collaboration between port enclosures and infrastructure to ensure the timely supply of the communities. 64