The extraterritorial jurisdiction of municipalities: The CARES case

Authors

Abstract

According to Chile’s classic doctrine municipalities only have jurisdiction within a given estate or county. Nonetheless, the Comptroller General of the Republic has resolved the validity of acts performed by municipalities outside their territorial boundaries. The author argues that there exist three types of acts that have been validated: when there is specific legislation on the subject, when the acts do not interfere with the jurisdiction of another municipality or of another administrative agency of government, and when the act is in accordance to the municipality’s functions such as promoting the development of its very own local community. One of these cases is thoroughly reviewed, regarding the installation and administration of student housing facilities outside the municipality’s domain, in which the author worked as the main legal advisor during the procedure.

Keywords:

Municipalities, territory, county, jurisdiction, student housing