Justice Ministry Issues Retirement Decrees for Senior Notaries
On a busy Tuesday afternoon, the Justice Minister Fernando Rabat, alongside Subsecretary Luis Silva, signed 35 decrees aimed at retiring a group of judicial assistants who are mandated to leave their positions due to a recent notarial reform. This significant administrative action stems from the need to adhere to the stipulations outlined in the law, specifically targeting those over the age of 75. The measures taken reflect a broader initiative to modernize the notarial system within the country.
The signed decrees, which declare the cessation of functions for these individuals effective October 2, 2026, were prompted by formal requests from various appeal courts seeking the retirement of these long-serving professionals. The legal framework guiding this decision is anchored in Article 495 bis of the Organic Code of Courts, as well as the transitory provisions of Law No. 21.772. This reform is part of a sweeping strategy to refresh the notarial services by introducing new interim officials in their stead.
In the wake of these decrees, regional Justice Secretariats across the nation have begun the process of appointing interim notaries based on established criteria from the notarial reform legislation. However, it is worth noting that the Santiago region is set to follow a different set of guidelines due to its unique jurisdictional requirements. The Congress has recognized the need for special provisions in Santiago and has thus crafted a specific law to address the appointment of its conservators, ensuring a structured transition.
Despite a legally sanctioned six-month period for this transition, the forced retirement of individuals over 75 years is fraught with uncertainty. Notably, current notary Luis Maldonado, along with four other notaries, are contesting their retirements in the Constitutional Court, arguing that the law discriminates based solely on age. However, as of now, there have been no judicial interventions to suspend the effects of these decrees, leaving the future of these individuals in a precarious position.
As reported by latercera.com.
