Requested by: Chile, Senate, President

Recommended Measures:
The Senate of Chile has asked the Venice Commission to reply to a series of questions which relate to the process of preparation and the content of the proposed new Constitution of Chile. These questions have been updated and expanded as the process has progressed, and cover a very broad range of issues. At the time of the preparation of this opinion, there still does not exist a finalised text of the proposed new constitution of Chile. Under these circumstances, the Commission’s replies to the Senate’s questions cannot but be rather general and limited in scope. The Commission nonetheless hopes to provide a concrete contribution to the successful work of the bodies which are in charge of preparing the new Constitution. This constitutional reform process is not concluded yet, and its success will depend on the possibility of reaching a broad consensus among the political forces and among the population. The Venice Commission welcomes the consensual approval of the preliminary draft constitution by the Expert Commission and stresses the absolute importance of reaching a broad agreement also within the Constitutional Council, as the representative body of the Chilean people. A spirit of genuine compromise, both by the political majority and the minority opposition forces, should continue to guide the next steps, for the sake of the common good and the will of the people of Chile as a whole. The Venice Commission remains at the disposal of the authorities of Chile for further assistance in this matter.