In a conversation I am having with a lawyer who works in Santo Domingo I am finding that the enforcement of the multi-step reopening plan requires a State of Emergency. If the SOE is no longer approved by the DR Senate and Deputies, that plan goes away and everything can open the day of the expiration of the SOE . Here is what she just told me:
"with all due respect this (the 4 step plan being valid) is not true. I am a Dominican lawyer and work for the government trust me when I tell you he cannot continue the phases or curfew hours by decree. That's called a dictatorship.
Please read Law 42-01 articles 69, 149, 153. The President cannot maintain shops closed, limit in capacity, apply social distancing measures, and maintain airports closed through decree. Through a decree fundamental rights cannot be limited, but he can during a State of Emergency. In this nation a President cannot rule by Decree it is unconstitutional.
I am saying, its what our law states. By the 12th of of June if the State of Emergecy is not renewed then yes, everything is open. People were fast to jump on the wagon of "NO MORE SOE" without even reading out laws and Constitution and what that meant. You can disagree with it if you want, but what you are implying does not fit into our rule of law. We are not Venezuela to be ruling by Decree. People have lost their minds. You cannot EVER rule by Decree, especially when you limit fundamental rights. Don't forget the first lines of our Contitution "La Republica Dominicana es un Estado Social y Democratico de Derecho"."
So, is the State of Emergency really needed to keep the multiphase reopening plan in effect? If not renewed yet again before June 12, would everything be open on June 13?
"with all due respect this (the 4 step plan being valid) is not true. I am a Dominican lawyer and work for the government trust me when I tell you he cannot continue the phases or curfew hours by decree. That's called a dictatorship.
Please read Law 42-01 articles 69, 149, 153. The President cannot maintain shops closed, limit in capacity, apply social distancing measures, and maintain airports closed through decree. Through a decree fundamental rights cannot be limited, but he can during a State of Emergency. In this nation a President cannot rule by Decree it is unconstitutional.
I am saying, its what our law states. By the 12th of of June if the State of Emergecy is not renewed then yes, everything is open. People were fast to jump on the wagon of "NO MORE SOE" without even reading out laws and Constitution and what that meant. You can disagree with it if you want, but what you are implying does not fit into our rule of law. We are not Venezuela to be ruling by Decree. People have lost their minds. You cannot EVER rule by Decree, especially when you limit fundamental rights. Don't forget the first lines of our Contitution "La Republica Dominicana es un Estado Social y Democratico de Derecho"."
So, is the State of Emergency really needed to keep the multiphase reopening plan in effect? If not renewed yet again before June 12, would everything be open on June 13?
