The Chilean Constitutional Court has struck down several key provisions of the new Law for the Strengthening of the Public Ministry, blocking the National Prosecutor's power to reject candidate lists for regional offices.
The ruling, issued by a court led by Minister Daniela Marzi, invalidated three specific clauses that would have granted National Prosecutor Ángel Valencia the authority to return candidate shortlists (ternas) to the courts if he deemed them unsuitable.
Under the rejected provisions, the National Prosecutor could have returned a list just once, provided he presented founded reasons. This mechanism was internally nicknamed the 'anti-Hermosilla' rule within the Prosecutor's Office, as officials argued it would prevent politically connected individuals from securing appointments.
However, the Court ruled the measure unconstitutional, stating that the nation's legal design does not allow for the National Prosecutor's interference once a court has validly produced a shortlist. The Court noted that the Constitution requires an external counterbalance to ensure regional prosecutors possess independent legitimacy.
Rejection of direct appointments
The Court also struck down provisions allowing outgoing regional prosecutors to be directly appointed to deputy prosecutor roles in different regions without a public competition.
In its decision, the Court clarified that the Constitution requires deputy prosecutors to be appointed through a public contest. The ruling emphasized that this process is essential to prevent conflicts of interest and to preserve the functional independence of those leading investigations.
While the Prosecutor's Office celebrated the overall law for its plan to add 819 new staff members and 205 prosecutors, Valencia viewed the loss of these specific powers as an incomplete victory. The National Prosecutor indicated he intends to pursue these prerogatives through a future constitutional reform.
Legal expert Cristóbal Osorio praised the Court's decision, stating the ruling suppresses a 'de facto veto power' that threatened to turn the institution into a 'feudal system of appointments.'
Osorio added that the exclusion of the direct appointment mechanism protects the principle of meritocracy and prevents the creation of a 'musical chairs' system within the public service.
