Constitution

Chile 2022 Draft Constitution

Table of Contents

CHAPTER VI. REGIONAL STATE AND TERRITORIAL ORGANIZATION

Article 187

  1. The State is organized territorially into autonomous territorial entities and special territories.
  2. Autonomous territorial entities are autonomous communes, autonomous regions and indigenous territorial autonomies. They are endowed with political, administrative and financial autonomy for the realization of their aims and interests. They have legal personality under public law, their own patrimony and the powers and powers necessary to govern themselves in the general interest of the republic, in accordance with the Constitution and the law, having as limits the rights humans and nature.
  3. The creation, modification, delimitation and abolition of territorial entities must consider objective criteria based on historical, geographical, social, cultural, ecosystem and economic background, guaranteeing popular, democratic and binding participation. of its inhabitants.
  4. In no case may the exercise of autonomy violate the unique and indivisible character of the State of Chile or allow territorial secession.

Article 188

  1. The territorial entities coordinate and associate in relations of solidarity, cooperation, reciprocity and mutual support, avoiding the duplication of functions, in accordance with the mechanisms established by statute.
  2. Two or more territorial entities, with or without territorial continuity, may sign agreements and form territorial associations in order to achieve common objectives, promote social cohesion, improve the provision of public services, increase efficiency and effectiveness in the exercise of its powers and promoting sustainable and balanced social, cultural, economic development .
  3. The Central Administration shall promote and support cooperation and associativity with and between territorial entities.
  4. The law shall establish the general bases for the creation and operation of these associations, in accordance with the respective regional regulations.
  5. Associations of territorial entities shall in no case alter the territorial organization of the State.

Article 189

  1. The Constitution guarantees equitable treatment and harmonious and solidary development among the various territorial entities, both urban and rural. It shall be in the general interest and effective integration and may not establish arbitrary differences between them.
  2. The State assures all persons horizontal equity in access to public goods and services, employment and all State benefits, notwithstanding to the place they live in the territory, establishing, if necessary, affirmative action in favor of the special protection groups .

Article 190

Territorial entities and their bodies must act in coordination in compliance with the principles of plurinationality and interculturality; respect and protect the various ways of conceiving and organizing the world, of relating to nature; and guarantee the rights of indigenous peoples and nations to self-determination and autonomy.

Article 191

Participation in the territorial entities in the regional State.

  1. Territorial authorities guarantee the right of their inhabitants to participate, individually or collectively, in public decisions, including the formulation, implementation, evaluation, democratic oversight and control of the civil service, in accordance with the Constitution and the laws.
  2. Indigenous peoples and nations shall be consulted and shall grant free, prior and informed consent in those matters or matters that affect them in their rights recognized in this Constitution.

Article 192

The territorial entities must promote, encourage and guarantee the mechanisms of participation in public policies, plans and programs that are implemented at each territorial level, in the cases that this Constitution, the law and regional statutes indicate.

Article 193

  1. It is the duty of the territorial entities, within the scope of their powers, to establish a permanent policy of territorial equity, sustainable development and harmony with nature.
  2. Territorial entities shall consider for their social, political, administrative, cultural, territorial and economic planning the principles of budgetary sufficiency, inclusion and interculturality, criteria of socio-spatial integration, gender, socio-ecosystem, human rights and other than that established by this Constitution.

Article 194

Between territorial entities, the principle of non-guardianship applies. No territorial entity may exercise guardianship over another, notwithstanding to the application of the principles of coordination, associativity, solidarity and conflicts of powers that may be caused.

Article 195

  1. The central administration may transfer to the territorial entities the powers determined by statute, notwithstanding to those indicated in this Constitution. This transfer must always consider the personnel and financial resources appropriate and sufficient for its proper implementation. It shall be for the law to establish the procedure, as well as its evaluation and control mechanisms.
  2. The State must also generate differentiated public policies. The law will establish the criteria and requirements for the application of these differences, as well as the mechanisms of solidarity and equity that compensate for the inequalities between the different territorial levels.

Article 196

  1. The powers must be based prioritizing the local entity over the regional one and the latter over the national one, notwithstanding to those powers that the Constitution itself or the laws reserve to each of the territorial entities.
  2. When the general interest so requires, the organ of the central or regional administration may temporarily subrogate the regional or local entity in the exercise of the powers that cannot be assumed by them.

Article 197

  1. The State, through the Central Administration, regional and local governments , have the duty to order and plan the territory. For this, they will use management units that consider the watersheds.
  2. This duty will aim to ensure an adequate location of settlements and productive activities, which allow responsible management of ecosystems and human activities, with criteria of equity and territorial justice for intergenerational well- being.
  3. The ecological planning and planning plans of the territory will prioritize the protection of the upper parts of the basins, glaciers, areas of natural recharge of aquifers and ecosystems. These may define areas of environmental or cultural protection and create buffer zones for these. They will also consider the impacts that land uses cause on the availability and quality of water.
  4. The planning and planning of the territories shall be binding in the matters determined by statute. They will be executed in a coordinated and integrated manner, focused on the general interest and with processes of popular participation in their different stages.

Article 198

The State is the guarantor of the country’s connectivity in coordination with regional governments. Regional connectivity will be promoted with special attention to isolated, rural and hard-to-reach territories.

Article 199

The communes and autonomous regions located in border areas may link with the territorial entities bordering the neighboring country, through their respective authorities, to establish cooperation and integration programs, directed to promote community development, the provision of public services and the conservation of the environment, in accordance with the terms established by this Constitution and the law.

Article 200

The election of representatives by popular vote of the territorial entities will be carried out ensuring territorial representativeness, territorial belonging and the respective proximity.

Autonomous commune

Article 201

  1. The autonomous commune is the basic political and territorial entity of the regional State, endowed with legal personality under public law and its own patrimony, which enjoys autonomy for the fulfillment of its purposes and the exercise of its powers, in accordance with the provisions of the Constitution and the law.
  2. The law will classify the communes into different types, which must be considered by the organs of the State for the establishment of differentiated administrative and economic-fiscal regimes, the implementation of policies, plans and programs. attending to the various local realities, and in particular, for the transfer of powers and resources. The establishment of communal types must take into account at least demographic, economic, cultural, geographical, socio-environmental, urban and rural criteria.

Article 202

The autonomous commune has the powers and powers of self-government to meet the needs of the local community. The following are the essential powers of the autonomous commune:

  1. Exercise functions of government and administration within the commune and within the scope of its powers.
  2. The issuance of general and mandatory rules in matters of a communal nature, in accordance with the Constitution and the laws.
  3. The creation, provision, organization and administration of municipal public services within the scope of their functions, in accordance with the Constitution and the law.
  4. The sustainable and integral development of the commune.
  5.  The protection of communal ecosystems and the rights of nature.
  6. Exercise the pertinent actions in protection of nature and its rights recognized by this Constitution and the law.
  7.  The execution of environmental protection mechanisms and actions in the manner determined by the Constitution, the law, environmental management instruments and related regulations.
  8. The conservation, custody and safeguarding of cultural and natural heritage.
  9.  The promotion and protection of cultures, arts and cultural and natural heritage, as well as research and artistic training in their territories.
  10. Guarantee popular participation and the strengthening of democracy.
  11. Develop, with the regional and central level, activities and services in matters of education, health, housing, tourism, recreation, sports and others established by law.
  12.  The construction of works that demand local progress within the framework of its powers.
  13. The strategic development of the commune through the communal development plan .
  14.  The planning of the territory through the communal regulatory plan agreed in a participatory manner with the community of its respective territory.
  15. The promotion of productive activities.
  16. The promotion of local trade.
  17. The promotion of the reintegration and reintegration of people in street situations who require it, through the planning, coordination and execution of programs for this purpose.
  18.  Manage disaster risk reduction.
  19. The development of toilet and decoration of the commune.
  20. The promotion of citizen security.
  21. The other powers determined by the Constitution and the law. Laws should recognize the differences between the different types of communes and municipalities, ensuring equity, inclusion and territorial cohesion.

Article 203

  1. In order to ensure the respect, protection and progressive realization of economic and social rights on equal terms, the autonomous communes may temporarily entrust one or more powers to the respective autonomous region or the central administration, in accordance with the established by law.
  2. At the request of the mayor or the mayor, with the agreement of the municipal council, the autonomous region or the central administration, when the general interest so requires, they may temporarily subrogate the autonomous commune in the exercise of powers that cannot be assumed by it.

Article 204

The mayor, with the approval of the municipal council, may establish delegations for the exercise of the powers of the autonomous commune in the cases and forms determined by statute.

Article 205

The government of the autonomous commune resides in the municipality, which will be constituted by the mayor or the mayor and the municipal council, with the participation of the community that inhabits its territory.

Article 206

  1. The mayor is the highest executive authority of the communal government, integrates and presides over the municipal council and represents the commune judicially and extrajudicially.
  2. She or he shall serve for a term of four years and may be re-elected consecutively only once for the following period. For these purposes, it shall be understood that she or he has exercised his office for a period when he has completed more than half of his mandate.

Article 207

  1. The municipal council is the collegiate body of popular and neighborhood representation, endowed with normative, resolutive and supervisory functions. It shall consist of the number of persons in proportion to the population of the commune, in accordance with the Constitution and the law. The law shall establish a regime of inabilities and incompatibilities.
  2. Those who make up the municipal council will exercise their functions for the term of four years and may be re-elected consecutively only once for the following period. For these purposes, it shall be understood that they have exercised their office for a period when they have completed more than half of their mandate.
  3. The councilors will have the conditions and resources necessary for the efficient and honest performance of the position.
  4. The agreement of the council will be necessary for the approval of the communal development plan, the municipal budget and the respective investment projects, and others determined by statute.
  5. The agreement of the council will also be necessary for the approval of the communal regulatory plan.

Article 208

Each commune shall have a communal statute drawn up and approved by the municipal council. Notwithstanding to the general minimums provided by statute for all communes, the communal statute establishes the administrative organization and functioning of communal organs, the mechanisms of neighborhood democracy and the rules for the elaboration of communal ordinances.

Article 209

  1. The purpose of the communal social assembly is to promote popular and citizen participation in public affairs. It shall be of an advisory, incident and representative nature of the organizations of the commune.
  2. Its integration, organization, operation and powers will be established by statute and complemented by the regional statute.

Article 210

  1. The communes will establish territories called neighborhood units. Within the neighborhood unit, a neighborhood council will be constituted, representative of the people who reside in it, which will have legal personality and will not have profit purposes. Its purpose will be to make effective popular participation in communal management and community development. In communes with a rural population, a communal union of rural neighborhood councils may also be constituted .
  2. The law shall provide for the manner in which the territory of the neighborhood units is determined, the procedure for the constitution of neighborhood councils and communal unions and their powers.

Article 211

  1. The Council of Mayors is an advisory body representing all the communes of the autonomous region. It will be coordinated by whoever determines its members by majority in office.
  2. It should meet and address the problems of the autonomous region, promote effective coordination between the different bodies with a regional presence and foster effective cooperation between communal governments.

Article 212

  1. The Central State Administration guarantees the municipality sufficient financing and resources for the fair and equitable development of each commune.
  2. Likewise, it must observe as a basic principle for the communal government the search for a harmonious and equitable territorial development, tending that all people have access to the same level and quality of municipal public services , without distinction of the place they inhabit.

Article 213

  1. Autonomous communes may be associated with each other, permanently or temporarily. They will have legal personality under private law and will be governed by the regulations of that sector.
  2. Notwithstanding to the provisions of the preceding paragraph, associations shall be subject to the supervision of the Office of the Comptroller General of the Republic and shall comply with the regulations of administrative probity and transparency in the exercise of the function they perform.

Article 214

The autonomous communes, in order to fulfill their functions and exercise their powers, may create companies, or participate in them, either individually or associated with other public or private entities, prior authorization by general or special law. Municipal public enterprises shall have legal personality and their own assets and shall be governed in accordance with the provisions of the Constitution and the law.

Article 215

  1. The creation, division or merger of autonomous communes or the modification of their boundaries or denomination shall be determined by statute, respecting in any case objective criteria, as provided for in the Constitution.
  2. A statute shall regulate the transitional administration of the communes to be created; the procedure for the installation of the new municipalities, the transfer of municipal personnel and services, and the necessary safeguards to safeguard the use and disposal of the goods that are located in the territories of the new communes.

Article 216

  1. Municipalities have the duty to promote and guarantee the citizen participation of the local community in the management, in the construction of local development policies and in the planning of the territory, as well as in the cases that this Constitution, the law and the regional or communal statutes indicate.
  2. These will provide the mechanisms, spaces, resources, digital literacy, training and civic education and everything that is necessary to realize such participation, which will be consultative, incident and, where appropriate, binding in accordance with the respective legislation.

Article 217

The municipalities may establish their personnel plants and the organs or units of their internal structure, in accordance with the law, taking care of the civil service career and its due financing.

Province

Article 218

The province is a territorial division established for administrative purposes and is composed of a grouping of autonomous communes.

Autonomous region

Article 219

The autonomous region is the political and territorial entity endowed with legal personality under public law and its own patrimony that enjoys autonomy for the development of regional interests, the management of its economic resources and the exercise of legislative, regulatory, executive and supervisory powers through its bodies within the scope of its powers, in accordance with the provisions of the Constitution and the law.

Article 220

The autonomous region is responsible for:

  1. The organization of the regional government, in accordance with the Constitution and its statute.
  2. The political-administrative and financial organization of the autonomous region.
  3. Coordinate and delegate the constitutional powers shared with the other territorial entities.
  4. The regional policy of housing, urban planning, health, transport and education, in coordination with national policies, plans and programs, respecting the universality of the rights guaranteed by this Constitution.
  5. The creation of regional public enterprises by the competent bodies of the autonomous region , in accordance with the procedures regulated by statute.
  6. To exercise autonomously the administration and coordination of all the public services of its dependency.
  7. The conservation, preservation, protection and restoration of nature, ecological balance and the rational use of water and other natural elements of its territory.
  8. The regulation and administration of forests, reserves and parks of protected wild areas and any other fiscal property deemed necessary for the care of the ecosystem services that are granted to communities, within the scope of their Powers.
  9. Planning, land use planning and integrated watershed management.
  10. Establish a permanent policy of sustainable development and harmony with nature.
  11. Approve, through processes of citizen participation, the environmental decontamination plans of the autonomous region.
  12. Promote popular participation in matters of regional interest.
  13. The development of research, technology and science .
  14. The promotion and protection of cultures, arts, historical, intangible archaeological, linguistic and architectural heritage; and artistic training in its territory.
  15. Execute public works of interest in the territory of the autonomous region.
  16. The planning and implementation of physical and digital connectivity.
  17. The promotion and encouragement of sport, leisure and recreation.
  18. The promotion and management of tourism in the territorial scope of the autonomous region, in coordination with the autonomous commune.
  19. The promotion of the social, productive and economic development of the autonomous region, in coordination with national policies, plans and programs.
  20. Establish contributions and fees within its territory with prior authorization by statute.
  21. Participate in international cooperation actions, within the frameworks established by current treaties and conventions.
  22. The other powers determined by the Constitution and law.

Article 221

The powers not expressly conferred on the autonomous region correspond to the central administration, notwithstanding to the transfers of powers regulated by the Constitution and the law. The powers of the autonomous region may be exercised concurrently and in coordination with other organs of the State.

Article 222

The institutional organization of the autonomous regions consists of the regional government and the regional assembly.

Article 223

  1. The regional government is the executive body of the autonomous region.
  2. A governor or a regional governor directs the regional government, exercises the function of government and administration and represents the region judicially and extrajudicially.
  3. Whoever heads the regional government represents the autonomous region before the national authorities with functions of coordination and intermediation between the central government and the region and before the international authorities, within the framework of the national policy of relations International.
  4. In the respective election, the person who obtains the majority of the validly cast votes will be elected. If no person achieves at least forty percent of the vote, a second vote will occur among those who have obtained the two highest majorities. Whoever obtains the majority of the validly cast votes will be elected.
  5. Whoever directs the regional government will exercise his functions for the term of four years, being able to be re-elected consecutively only once for the following period. In this case, the office shall be deemed to have been held for a period when more than half of the term of office has been completed.

Article 224

The following are the essential powers of regional governments:

  1. Exercise regulatory power in all matters that fall within the scope of its powers, in accordance with the Constitution, the law and the regional statute.
  2. Organize, administer, supervise and supervise the public services of the autonomous region and coordinate with the Government with respect to those that have a national character and that operate in the region.
  3. Propose to the regional assembly the creation of regional public enterprises or participation in regional enterprises for the management of services within its competence, as provided for in the Constitution, the law and the regional statute.
  4. Prepare and present to the regional assembly the regional land use plan and the urban development plans of the metropolitan areas, in accordance with the regional statute and the law.
  5. Present to the regional assembly the integrated watershed management plans agreed in the respective basin councils, in accordance with the law.
  6. Convene regional referendums and plebiscites under the provisions of the Constitution, regional statute and law.
  7. Establish crisis management systems among the bodies that have their seat in the autonomous region, which include, at least, their preparation, prevention, administration and management.
  8. Prepare and present to the regional assembly the regional development plan, in accordance with the regional statute.
  9. Celebrate acts and contracts in which you have an interest.
  10. Adopt and implement public policies that encourage and promote the social, productive, economic and cultural development of the autonomous region, especially in areas of competence of the autonomous region.
  11. Promote innovation, competitiveness and investment in the respective autonomous region .
  12. Prepare and present to the regional assembly the draft regional budget, in accordance with this Constitution and the regional statute.
  13. Manage and execute budget planning on the allocation and use of the regional budget.
  14. Exercise their own fiscal powers in accordance with the Constitution and the law.
  15. To conclude and execute agreements with the governments of other autonomous regions for the purpose of implementing interregional programs and public policies, as well as any other form of territorial associativity.
  16. Celebrate and execute international cooperation actions, within the frameworks established by the treaties and agreements that the country concludes for this purpose and in accordance with the regulated procedures in the law.
  17. The other powers indicated by the Constitution, the law and the regional statute .

Article 225

  1. The regional assembly is the collegiate body of regional representation that is endowed with normative, resolutive and supervisory powers.
  2. A statute shall determine the general requirements for access to the office of regional assemblyman and their number in proportion to the regional population.
  3. Those who hold the position of regional assemblyman will exercise their functions for the term of four years, being able to be re-elected consecutively only once for the immediately following period. In this case, they shall be deemed to have held office for a period when they have served more than half of their term of office.

Article 226

The powers of the regional assembly are:

  1. Dictate its internal rules of operation.
  2. Dictate the regional norms that make applicable the laws of regional agreement.
  3. Initiate in matters of regional interest the legislative process before the Chamber of the Regions.
  4. To request the Congress of Deputies to transfer legislative power in matters of interest to the autonomous region.
  5. Exercise the regulatory power in conjunction with whoever directs the regional government in matters within its competence and dictate the regulations of execution of law when it entrusts it.
  6. Manage your assets and own assets.
  7. Approve, reject or modify the investment of the resources of the solidarity funds that are created and other public resources that the law provides.
  8. Supervise the acts of the regional government in accordance with the procedure established in the regional statute.
  9. Supervise the acts of the regional administration, for which it may request information from authorities or chiefdoms that perform their functions in the autonomous region, summon public officials or regional authorities and create special commissions.
  10. Request the governor or the regional governor to give an account of their participation in the Council of Governors.
  11. Approve, reject or propose modifications to the integrated watershed management plan.
  12. To pronounce in conjunction with the competent bodies regarding the environmental assessment procedures.
  13. Approve, modify or reject the regional budget, the regional development plan and the territorial planning plans .
  14. Pronounce on the call for regional consultations or plebiscites.
  15. Approve, at the proposal of the governor or the regional governor and prior ratification of the Chamber of Regions, the creation of regional public enterprises or participation in regional enterprises.
  16. The other powers determined by the Constitution and the law.

Article 227

  1. The administrative organization and internal functioning of each autonomous region shall be established in a statute.
  2. The regional statute must respect the fundamental rights and the principles of the social and democratic State of law recognized in the Constitution.

Article 228

  1. The draft regional statute will be prepared and proposed by whoever directs the regional government to the respective regional assembly, for deliberation and agreement, which will be approved by the majority in office.
  2. The process of elaboration and reform of this must guarantee the popular, democratic and binding participation of the inhabitants of the respective autonomous region .

Article 229

  1. The regional social council is responsible for promoting popular participation in regional public affairs on a participatory and consultative basis. Their integration and powers shall be determined by statute.
  2. Whoever heads the regional government and the heads of regional public services must report to the regional social council, at least once a year, for the budget execution and the development of projects in the terms prescribed by the statute. regional.

Article 230

  1. The Council of Governors, chaired by the President of the Republic and made up of the governors of each region, shall coordinate relations between the central administration and the territorial entities, ensuring the balanced social and economic well-being of the republic as a whole.
  2. The powers of the Council of Governors are:
    1. Coordinate, complement and collaborate in the execution of public policies in the regions.
    2. Conduct economic and budgetary coordination between the central administration and the autonomous regions.
    3. Discuss joint actions of a strategic nature, which affect the areas of state and regional competence, as well as ensure respect for the autonomy of territorial entities.
    4. Ensure the correct application of the principles of equity, solidarity and territorial justice and interterritorial economic compensation mechanisms, in accordance with the Constitution and the law.
    5. Convene sectoral meetings between territorial entities.
    6. Agree on the creation of commissions or working groups for the study of matters of common interest.
    7. The others established by the Constitution and the law.

Article 231

  1. The autonomous region may establish its personnel plants and the organs or units of its internal structure in accordance with the law, safeguarding the civil service career and its due financing.
  2. These powers will be executed by the person presiding over the governorate, with the prior agreement of the regional assembly.

Article 232

The law shall determine the public services, institutions or enterprises of the State which, by virtue of their supervisory purposes or for reasons of efficiency and general interest, shall maintain a centralized or decentralized organization in the entire territory of the republic.

Article 233

  1. The autonomous regions have the competence to coordinate with those who represent the ministries and public services with a presence in the autonomous region.
  2. The regional government may request the central administration to transfer powers from ministries and public services. In turn, the municipalities may request the regional government to transfer powers.
  3. The exercise of these powers is intended to ensure the respect, protection and progressive realization of social and economic rights on equal terms in the various territorial entities.
  4. The central administration will have subrogatory powers of a transitory nature when the territorial entities cannot efficiently fulfill their mandates. T
  5. he law shall regulate the procedure and the exercise of these powers.

Article 234

  1. Indigenous territorial autonomy Indigenous territorial autonomy is the territorial entity endowed with legal personality under public law and its own patrimony, where indigenous peoples and nations exercise rights of autonomy in coordination with other territorial entities. It is the duty of the State to recognize, promote and guarantee indigenous territorial autonomy for the fulfillment of its purposes.
  2. The law, through a process of participation and prior consultation, will create a timely, efficient and transparent procedure for the constitution of indigenous territorial autonomies. This procedure must be initiated at the request of the indigenous peoples and nations concerned, through their representative authorities.

Article 235

The law shall establish the exclusive competences of indigenous territorial autonomies and those shared with other territorial entities. Indigenous territorial autonomies shall have the necessary powers and financing for the proper exercise of the right of self-determination of peoples and nations. Indigenous.

Special territories

Article 236

  1. Special territories are Rapa Nui and the Juan Fernández archipelago, which are governed by their respective statutes.
  2. By virtue of the geographical, climatic, environmental, economic , social and cultural particularities of a given territorial entity or part thereof, the law may create special territories.
  3. In the special territories, the law may establish differentiated economic and administrative regimes, as well as their duration, taking into account the characteristics of these entities.

Article 237

  1. The law shall create and regulate the administration of a Fund for Special Territories , the resources of which shall be allocated exclusively to the purposes for which they were created.
  2. Likewise, the central administration and the autonomous territorial entities must allocate their own resources to the financing of the respective special territories.

Article 238

In the special territory of Rapa Nui, the State guarantees the right to self-determination and autonomy of the Rapanui Polynesian nation people, ensuring the means to finance and promote their development, protection and well-being under the Agreement of Wills signed in 1888, by the which is incorporated into Chile. The Rapanui people are recognized as collectively title to the rights to the territory with the exception of the individual land rights of its members. A statute of autonomy will regulate the Rapa Nui territory.

Article 239

The Juan Fernández archipelago is a special territory made up of the Robinson Crusoe, Alejandro Selkirk, Santa Clara, San Félix and San Ambrosio islands, and the maritime territory adjacent to them. The government and administration of this territory shall be governed by such special statutes as may be established by statute.

Article 240

The Chilean Antarctic territory, including its maritime spaces, is a special territory and border area in which Chile exercises respectively sovereignty and sovereign rights, with full respect for ratified and current treaties. The State shall conserve, protect and care for Antarctica, through a policy based on knowledge and oriented to scientific research, international collaboration and peace.

Rurality

Article 241

  1. The State promotes the integral development of rural territories and recognizes rurality as a territorial expression where ways of life and production develop around the direct relationship of people and communities with land, water and sea.
  2. It will also facilitate the participation of rural communities at the local and regional levels in the design and implementation of programs and public policies that affect or concern them.

Article 242

The State will adopt the necessary measures to prevent violence and overcome the inequalities faced by rural women and girls, promoting the implementation of public policies that guarantee the equal enjoyment of rights. which the Constitution enshrines.

Article 243

The State encourages local markets, free fairs and short circuits of commercialization and exchange of goods and products related to rurality.

Fiscal autonomy

Article 244

  1. The financial activity of the territorial entities will be carried out in coordination between them, the State and the competent authorities, which must cooperate and collaborate with each other and avoid duplication and interference of functions, ensuring at all times for the satisfaction of the general interest.
  2. The foregoing shall also apply with respect to all the powers or powers attributed to the territorial entities.

Article 245

  1. The autonomous territorial entities have financial autonomy in their income and expenses for the fulfillment of their powers, which must comply with the principles of sufficiency, coordination, budgetary balance, solidarity and interterritorial compensation, sustainability, responsibility and economic efficiency.
  2. The Budget Act should aim to progressively ensure that a significant part of public expenditure is executed through subnational governments, depending on the responsibilities that each level of government.
  3. The duty and power to ensure macroeconomic and fiscal stability shall be centralized.

Article 246

  1. The financial autonomy of territorial entities implies the power to order and manage their public finances within the framework of the Constitution and the laws, for the benefit of their inhabitants, under the criteria of responsibility and financial sustainability.
  2. Financial sufficiency shall be determined under objective criteria such as correspondence between powers and resources necessary for its fulfilment, budgetary balance, coordination, non-arbitrary discrimination between territorial entities, equality in social benefits, harmonious development of territories, unity, objectivity, reasonableness, timeliness and transparency.

Article 247

Territorial entities shall have the following sources of revenue:

  1. The resources allocated by the Budget Law.
  2. Taxes in favor of the territorial entity.
  3. The distribution of taxes established in the Budget Law.
  4. Fees and contributions.
  5. The distribution of solidarity funds.
  6. The interterritorial tax transfer.
  7. The administration and use of its patrimony.
  8. The donations, inheritances and legacies they receive in accordance with the law.
  9. Others determined by the Constitution and the law.

Article 248

  1. The tax revenues generated by taxes are distributed between the central administration and the territorial entities in the manner established in the Budget Act.
  2. The law will define the body in charge of collecting and systematizing the information necessary to propose to the Legislative Power the formulas for the distribution of tax revenues, fiscal compensation between territorial entities and the resources to be integrated into the various funds. For these purposes, the participation and representation of territorial entities must be considered.
  3. During the budgetary legislative process, the competent body will suggest a formula for the distribution of tax revenues, which will consider the distribution criteria established by law.

Article 249

  1. The Administration and the territorial entities must contribute to the correction of the inequalities that exist between them.
  2. The law will establish compensation funds for territorial entities with lower fiscal capacity. The competent body, on the basis of objective criteria, will suggest to the legislator the resources that should be integrated into these funds.
  3. The law will establish a contingency and macroeconomic stabilization fund to guarantee the resources of territorial entities in the face of fluctuations in ordinary income.
  4. By virtue of interterritorial solidarity, the central administration must make unconditional direct transfers to territorial entities that have tax revenues less than half of their weighted average.
  5. Autonomous regions and communes with revenues above the weighted average of tax revenues will transfer resources to those equivalent with below- average revenues. The competent body shall suggest a formula to the legislator for making such transfers.

Article 250

Regional and local governments may issue debt in accordance with the provisions of the law, general or special, which will establish at least the following regulations:

  1. The prohibition of allocating the funds raised through the issuance of debt or borrowings to the financing of current expenditure.
  2. Mechanisms that ensure that the debt is fully and duly served by the debtor.
  3. The prohibition of the establishment of guarantees or guarantees of the Treasury.
  4. The establishment of maximum debt limits as a percentage of the annual budget of the respective regional and municipal government and the obligation to maintain an updated risk classification.
  5. Restrictions in electoral terms.
  6. These resources may not be used for remuneration or current expenditure.