Remotion of elected authorities for serious violations of electoral financing rules

Authors

  • Valeria Lübbert Álvarez Universidad Diego Portales

Abstract

In 2015, the Political Constitution of the Republic was reformed, establishing a hypothesis for the cessation of certain elected officials for serious violations of the rules on transparency, limits and control of electoral spending. This reform, which was popularly known as the «loss of the seat», constitutes an innovation in the mechanisms for the removal of elected officials, particularly in the case of parliamentarians, who until then they could only cease their office for loss of any of the requirements to be such or due to incompatibilities. The present dissertation analyzes how this mechanism of removal works and its implications. Thus, it highlights the nature of the causes that give rise to the resignation of the office, the competences that the Electoral Service, the Qualifying Court of Elections and the Constitutional Court, as well as the incidental consequences of the resignation of the office.

Keywords:

Cessation, Remotion, Incompatibilities, Electoral financing