Is the State of Emergency required by law to keep the multiphase CV19 plan in effect?

windeguy

Well-known member
Jul 10, 2004
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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?
 
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windeguy

Well-known member
Jul 10, 2004
32,215
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Wishing you well

Well-known member
Sep 4, 2012
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Everything will be back to normal should the country not be under the State of Emergency. Hope we do, missing the food trucks like crazy.
 

Juan Bosch

Member
Dec 8, 2015
327
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The State of Emergency allows the President to restrict freedom of movement, established under Article 46 of the Constitution, and freedom of association and right to assembly, established under Articles 47 and 48 (Articles 265 and 266 of the Constitution of the Dominican Republic). He has no legal power to do so without it.
I am hoping the diputados get some spine and reject it...time to move on with proper protocols in place but no State of Emergency that is only being used by the PLD politically...
 

CaribeDigital

Active member
Sep 5, 2014
155
48
28
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?
Actually, there are more reasons for the State of Emergency today, then there were 2 months ago. Just tell this politician labeled lawyer to check the stats. There were 200-300 new cases daily around 10-15 April. There are 500-600 today. He was smart enough to say "We are not Venezuela...". If he said "We are not China" I would have shown him Chinese stats.
 

Juan Bosch

Member
Dec 8, 2015
327
16
18
Spineless and some easily bought...the curfew is for 12 more days that started Sunday the 14th...Medina the gangster gave us that gift also 1 more hour of freedom...sob...
 

windeguy

Well-known member
Jul 10, 2004
32,215
853
113
Spineless and some easily bought...the curfew is for 12 more days that started Sunday the 14th...Medina the gangster gave us that gift also 1 more hour of freedom...sob...
I think it is 2 more hours of freedom in total.