El Ciudadano
Original article: Corte Suprema también se pronuncia y asegura que Ley de «Reconstrucción» de Kast requiere «ajustes relevantes»
Supreme Court Issues Report on Kast’s National Reconstruction Bill, Recommends Significant Adjustments
The Full Supreme Court of Justice has submitted a report to the President and Secretary of the Chamber of Deputies, sharing its insights on the «national reconstruction» bill proposed by the administration of José A. Kast.
The highest court conducted an analysis of Articles 13 No. 6, 16, 18 final clause, and 19 of the initiative, which contain proposed changes to the environmental evaluation regime, the system for challenging Environmental Qualification Resolutions, and the competences of Environmental Courts.
The report first addresses the new Article 24 ter of Law No. 19.300, stating that the proposal «presents areas for improvement in regulatory precision.»
However, the Supreme Court notes that «while it is commendable to seek to concentrate the challenge of environmental qualification resolutions within the environmental judiciary and to restrict the use of general administrative pathways, the text does not clearly define whether it introduces an exceptional rule or a general modification of the system. Furthermore, it fails to harmonize this new action with the active legitimacy rules of Law No. 20.600, which may impact its practical effectiveness and create uncertainty regarding who can exercise it.»
Regarding the mechanism for restitution of direct and effective expenses, the report warns that the proposal «significantly innovates the regulatory framework by allowing the State to assume costs arising from a private investment whose environmental qualification resolution was annulled in court.»
Nonetheless, the Supreme Court adds that «although the project aims to protect the legitimate trust of the holder, the rule is broadly formulated, as its safeguards primarily focus on the accreditation and quantification of the expense, rather than on strict substantive prerequisites for legitimacy. Therefore, it should at least require good faith from the holder, absence of contribution to the defect, reasonableness of the expenses, and an abnormal or disproportionate financial burden.«
From a procedural perspective, the report continues, a judicial claim against the amount set by the expert commission poses no significant objections in terms of time limits or the appeals regime, as both seem compatible with access to jurisdiction and the criteria previously upheld by the Supreme Court. However, the project should explicitly clarify which Court of Appeals is competent, to avoid interpretive doubts and ensure a clear access rule to the court, considering what was stated in the eleventh reason of this report.
Meanwhile, regarding precautionary measures, it was pointed out that the project «seeks to prevent indefinite project suspensions that have favorable environmental qualification resolutions, establishing an initial thirty-day period, reasoned renewals, and a total maximum limit of six months.»
«Additionally, it incorporates the appeal of resolutions that grant, deny, or extend such measures, which is consistent with the exhaustive nature of Article 26 of Law No. 20.600. Nonetheless, its implementation must ensure that the time limitation does not render environmental precautionary protection ineffective,» warned the Ministers of the Supreme Court.
Finally, for the Full Court, while the project «contains commendable objectives related to legal certainty, jurisdictional specialization, and the rationalization of environmental procedures (…), the proposed regulation requires significant adjustments for normative coordination, competency precision, and substantive delimitation of its effects.»
«Thus, while positively acknowledging the intention to organize the environmental appeal system and prevent unjustified delays, it seems advisable to formulate observations on the project, especially regarding active legitimacy, coherence between Articles 24 bis and 24 ter, restitution of expenses, and time limits for precautionary measures,» concludes the Supreme Court’s report.
Check the full document HERE.
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