What Does The Bill For Strengthening SERNAC Look Like After The Decision Of The Chilean Constitutional Court? - Consumer Protection - Chile Law Articles in English - Mondaq Business Briefing - Books and Journals - VLEX 701501749

What Does The Bill For Strengthening SERNAC Look Like After The Decision Of The Chilean Constitutional Court?

Author:Mr Guillermo Carey, Andrés Salas and María José Martabit
Profession:Carey
 
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On January 18th, 2018, the Chilean Constitutional Court ruled on the preventive control of constitutionality for the bill (Bulletin No. 9369-03) that amends Law No. 19,496 Consumer Protection Act. The Court declared the following abilities that were proposed for the National Consumer Service - SERNAC as unconstitutional:

The Court's decision declared as unconstitutional the jurisdictional abilities which allowed SERNAC to directly sanction suppliers without the need to resort to a court. The ruling considered that these new powers would infringe on the basic principles of separation of functions, impartiality and legality of the courts, and the right to due process. Secondly, the Court deemed the normative abilities that the bill granted to SERNAC as unconstitutional. Such abilities allowed SERNAC to dictate general and mandatory rules and instructions. These powers were consider unconstitutional due to their "broad and unlimited" nature, which violate the principle of legal reserve, recognized by the Constitution for provisions that may affect fundamental rights. Finally, the proposed authority of SERNAC to discretionally request...

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