Special Courts and Administrative Appeals in Chile

1. What is a Conciliatory Commission?

For certain administrative disputes, the legislature has created special courts. For example, the Conciliatory Commission for Public Works Concessions settles claims and disputes between public works concessionaires and the Ministry of Public Works (Article 35 of the Concessions Law (DFL 164 of 1991)). The concessionaire may also choose to file a claim before the Court of Appeals of Santiago.

2. What is the Special Court of Appeals?

The Special Court of Appeals hears appeals of decisions made by the Regional Director of the Internal Revenue Service regarding real property valuation claims (Article 121 of the Tax Code). A controversial issue has been whether the Regional Director is considered a judge for tax claim purposes.

3. What is the Public Procurement Tribunal?

The Public Procurement Tribunal has jurisdiction over challenges to illegal or arbitrary acts or omissions in public procurement with agencies governed by this law. Challenges can be brought against any unlawful or arbitrary act or omission occurring between the approval of the tendering bases and the award, inclusive.

4. What are Precautionary Actions?

Chilean law establishes precautionary actions or remedies to protect individual rights without resolving the merits of a case. The system recognizes three such measures: amparo, protection, and economic protection.

5. What is a Special Administrative Appeal?

Chilean legislation lacks an administrative-law court system or a common procedure for these disputes. However, the legislature has granted powers to certain courts and established special procedures and formalities for specific administrative matters, determining the competent court and the procedures for processing. Ordinary courts include the Supreme Court, Courts of Appeals, presidents and ministers of the court, oral criminal courts, tribunals, and courts of letters of guarantee.

6. What are the Formalities of a Claim for Unlawful Municipal Acts?

1. The claim must be brought by an individual. It's clear from the law's history that city officials cannot bring this action.
2. The petitioner must believe that an illegal decision or omission is affecting the interests of the commune or harming them personally.

The claimant must submit a claim to the Mayor demanding action against the decision or omission within 30 working days from the date of notification or becoming aware of the act. The claim is considered rejected if the Mayor doesn't respond within 15 working days.

7. What is the Remedy of Amparo?

The writ of amparo, or habeas corpus, aims to protect individuals' right to freedom and free movement.