The Constitutional Court ruled that it cannot “declare that the Constitution is in violation of itself.” The opinion came after the highest court agreed to hear a request by lawyer Fredermido Ferreras Díaz that the court declare the Transitory Clause No. 20 of the 13 June 2015 Constitution was in violation of the Constitution.
The transitory clause was incorporated into the 2015 Constitution as part of a political agreement with the dissident forces representing former President Leonel Fernández in the ruling PLD party. Fernandez sought to run for President on the PLD ticket for the 2016 presidential election. Then the 2010 Constitution banned a president to serve consecutive terms. But President Danilo Medina’s followers pushed through the amendment allowing for a single consecutive election, US-style.
As part of the political agreement, the clause that specifically states that President Medina could not run for a third period was also incorporated.
The followers of President Danilo Medina are the majority in the ruling PLD party upper echelons of government and in both houses of the National Congress.
Art. 124 of the 2015 Constitution on the presidential election in the Dominican Republic states: “The Executive Branch is exercised by the President of the Republic, who will be elected every four years by direct vote. The President can opt for a second constitutional period and not being able to run ever again for the same position nor for the position of Vice President of the Republic.
Transitory Clause No. 20 states: “In the case that the President of the Republic elected for the constitutional period 2012-2016 be the candidate to the same position for the constitutional period 2016-2020, the person will not be able to run for the following period, nor any other period, nor for the position of Vice President of the Republic.
In presenting the motion for an opinion, attorney Ferreras argued that the transitory clause was in violation of articles 22, 39, 124, 68, 69 and 110 of the Constitution that protect citizen’s right to elect and be elected, the right to equality, the rights of the present head of government and the principle of no retroactivity of laws.
Despite the transitory clause, Medina has said he will wait until March 2019 to tell whether he would seek reelection.
President judge Milton Ray Guevara announced the entire ruling would soon be available on its web page. There were no dissident votes in the decision on the transitory clause.
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El Caribe
3 September 2018
