La situation est trop variée pour établir une règle générale: Poduje défend une action devant le TC pour la reconnexion gratuite des services

Presidente José Antonio Kast has taken legal action against the Constitutional Court (TC) to challenge a provision of the government’s megareform law, which mandates free reconnection of essential services, water, electricity, and gas, in areas affected by wildfires in Valparaíso, Ñuble, and the Biobío regions. The disputed article, number 31, requires utility companies to reconnect services without prior payment, even if they have been cut off due to unpaid bills. This move comes amid ongoing debates over the scope and implications of the reform, which aims to boost economic recovery while addressing social concerns. The initiative was initially proposed by opposition lawmakers, including Representative Sofía González (PC), who represents Valparaíso. Her proposal received backing from her party and other opposition factions, as well as some members of the ruling coalition in both chambers of Congress. The law outlines specific timeframes for service restoration, 48 hours for electricity and gas, and 24 hours for water and sanitation, and prohibits utility companies from charging users for reconnection, technical visits, or inspections. It also allows consumers to demand enforcement of these obligations through legal means. Kast’s legal challenge argues that the article does not align with the core principles of the megareform, violating Article 69 of the Constitution. His request, signed by several ministers, including Housing and Urbanism Minister Iván Poduje, claims the provision undermines the broader objectives of the reform. Poduje, however, defended the president’s stance, stating that the law’s provisions could lead to unfair practices, such as sending overdue bills to homes that were damaged in fires or imposing large charges on individuals with no recent usage. He emphasized the need for case-by-case evaluations, noting that utility performance varies significantly across the country. Poduje acknowledged that some companies operate efficiently during crises, while others struggle to meet demands. He called for greater oversight, suggesting that utilities must demonstrate responsibility during emergencies. He also noted that many companies have already adopted policies that allow free reconnection during disasters, followed by flexible payment plans afterward. Despite this, he maintained that the current law lacks clarity and could create inconsistencies in how different providers handle such situations. The legal battle highlights growing tensions within the government over the implementation of the megareform. While the legislative process had largely concluded, the president’s decision to take the issue to the Constitutional Court signals a shift toward using judicial mechanisms to shape policy outcomes. This approach contrasts with earlier efforts by the administration to rely on parliamentary channels, which reportedly faced internal resistance due to fears of public backlash in disaster-affected regions. Minister of the Interior Claudio Alvarado (UDI) admitted to being unaware of the legal challenge until after it was filed, underscoring the lack of coordination between branches of government. His comments suggest potential gaps in communication, particularly regarding the timing and nature of the president’s actions. Meanwhile, the opposition has begun organizing nationally to strengthen its position ahead of upcoming legislative agendas, indicating that the dispute may extend beyond the courtrooms into political arenas. As the Constitutional Court reviews the petition, the outcome will likely influence future regulatory frameworks governing utility services in crisis zones. The resolution could set precedents for balancing state intervention with market accountability, shaping how governments respond to both economic and humanitarian challenges in times of emergency. For now, the focus remains on the court’s interpretation of constitutional boundaries and the role of private sector actors in delivering essential services under extraordinary conditions.