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Original article: ANEF lleva la megarreforma al TC y acusa entrega de potestades públicas a privados

The National Association of Fiscal Employees (ANEF) has brought the controversial economic-tax reform before the Constitutional Tribunal, claiming that the project promoted by José Antonio Kast’s government jeopardizes not only the job stability of public employees but also facilitates a dangerous transfer of public powers to private entities.

As an independent party in the accumulated requests discussion, the union aims to highlight the perspective of those who perform state functions daily, warning that the so-called «reconstruction law» (Bill No. 18.216-05) could dismantle fundamental principles of administrative law and equitable taxation.

In its presentation to the Constitutional Tribunal, ANEF —led by its national president, José Pérez Debelli, along with attorney Francisco Neira Reyes— outlined three critical points where the project infringes the Constitution:

Firstly, the union criticized the indemnity system linked to the annulment of Environmental Qualification Resolutions (RCA), stating that it introduces discriminatory treatment and puts employees of the Environmental Evaluation Service (SEA) at a disadvantage. They argue that this formula unjustly excludes these officials from the general repetitive action outlined in law No. 18.575, representing a violation of due process and a withdrawal of competencies from ordinary courts to adjudicate state accountability.

Another concern raised by ANEF revolves around the tax invariability and budgetary constraints contained in Article 29 of the initiative that was approved and dispatched by Congress last week.

Specifically, the group warns that the proposed regime «creates differentiated treatments based solely on investment amounts, attempting to establish a de facto ‘property right’ over the legislation,» while also «unconstitutionally limiting legislative power in future budget discussions,» leaving the resolution of disputes to the investors themselves.

The most critical point of the challenge lies in the privatization of public powers, with a delegation of supervisory functions to private entities paid by the very subjects being evaluated, a measure that ANEF describes as a breach of the principle of state neutrality.

The grouping asserts that this figure, by allowing individuals to take on environmental control responsibilities, violates Articles 8°, 24, and 38 of the Constitution, blurring the lines between public and private interests and granting decision-making powers to those without official authority.

The national board emphasized that their intervention is an institutional defense: «Our intervention aims to provide an essential institutional perspective from public service. We are concerned about the transfer of decision-making powers to private entities, the budgetary anomalies this will generate, and, particularly, the discrimination and lack of protection that State employees will face,» they stated.

Finally, the union’s request includes a plea for their president, José Pérez Debelli, to personally present his arguments before the Constitutional Tribunal ministers during the public hearings.

Through this action, ANEF not only challenges the technical aspects of the reform but also raises a fundamental debate about the role of the State and the preservation of its essential powers against the privatizing advances that, they claim, the government project entails.

La entrada ANEF Takes Major Reform to Constitutional Tribunal, Accusing Government of Transferring Public Powers to Private Entities se publicó primero en El Ciudadano.