The Supreme Court of Justice considered that the leading officer of the Dominican Institute of Telecommunications is an officer with a rank of cabinet minister, and thus cannot be immovable for four years. The judges of the court thus declared that the fourth paragraph of Article 81.4 of the Law 153-98 on Telecommunications that establishes that the director of INDOTEL is immovable violates Art. 55 of the Constitution. The decision paves the way for President-elect Hipólito Mejía to legally remove lawyer Mariano Germán appointed recently by President Leonel Fernández. Indotel had requested the opinion amidst the President-elect’s opposition to incumbent Mariano Germán continuing in the post. Secretary of the Presidency, Alejandrina German said that the government would accept the decision of the Supreme Court. President-elect Hipólito Mejía has his own choice to preside the important body that regulates telecommunications in the DR. This is said to be lawyer Orlando Jorge, son of former President Salvador Jorge Blanco. The decision is especially important because it sets new jurisprudence that could apply to future or past decisions. It also creates a need for Congress to carefully legislate so that new laws are not contrary to the Constitution. The Supreme Court opinion establishes that no law can be contrary to the Constitution.
