(Pontificia Universidad Católica del Perú, 2022-11-24) Harris Moya, Pedro
The entry into force of the Law No. 21325 in Chile in 2021 has not only reformed judicial review in matters of migration and foreigners, it has also introduced significant modifications to administrative appeal, under the application of basic administrative laws. Apparently, this law has increased the effectiveness of such claims if they are exercised against nonexpulsive acts (having established their compatibility with other appeals and, likewise, the suspension of the effects of the contested acts) and excluded the application of administrative appeals against an expulsion measure. However, this first interpretation can admit other interpretations. The administrative appeal against non-expulsive acts may impose restrictions on the rights of the claimant, in line with certain interpretative criteria developed by the case law in Chile. Likewise, the ineffectiveness of such claims against expulsive acts may be corrected, in accordance with the constitutional guarantees regarding the exercise of these mechanisms.
(Pontificia Universidad Católica del Perú, 2022-11-24) Penchaszadeh, Ana Paula; Arlettaz, Fernando
Since 1987, migrants residing in the city of Buenos Aires have had the right to participate in local elections. The city’s Electoral Code, approved in 2018 and applied for the first time in the 2021 local elections, changed the regime of voluntary registration in the electoral register to one of automatic registration. This change not only increased the number of foreigners authorized to cast the vote, but it was also accompanied by a significant growth in migrant electoral participation. This article projects an analysis at three different levels. Firstly, it addresses the historically determined relationship between nationality, residence and access to the political community, with special emphasis on the exercise of political rights by migrants in the Argentine context. Afterwards, it considers the legislative and institutional transformations that, since the entry into force of the new Electoral Code, have entailed a transformation of the political-electoral role of the migrant group in the city of Buenos Aires. Finally, it analyzes some of the effects of automatic registration on the electoral behavior of the migrant group, trying not to lose sight of the composition and internal dynamics of this population as possible explanatory patterns of its electoral behavior