The National Council of the Magistracy (CNM) postponed the opening session last night. The representative of the Dominican Liberation Party (PLD), Víctor Fadul requested the members wait for the ruling on an appeal the party has submitted to the Superior Administrative Court (TSA). The PLD protests that the Senate voted to name the representative of the People’s Force (FP), the PLD-dissident political party of former President Leonel Fernández, to the second majority position.
The PLD argues that in the 2020 presidential and congressional election, the people voted for only one senator of the FP and the party received only 3.5% of the vote. Subsequently, three senators of the PLD would switch to the FP. The PLD has also argued that the FP was an ally of the PRM in the election.
The legal advisor to the President, Antoliano Peralta announced the suspending of the session. He said that if the TSA has not issued a ruling in six days, the CNM can legally meet even without the participation of the PLD party member. Peralta also said that Vice President Raquel Peña will be attending the sessions because at any moment she could sit in for President Luis Abinader. Antoliano Peralta and Vice President Peña attended the session but did not have the right to vote.
The ruling of the CNM establishes that all seven voting members of the council need to be present, but only six members are necessary for the subsequent sessions.
Political analysts say that members of the CNM convened and their political slants are:
President Luis Abinader (PRM)
The president of the Senate, Eduardo Estrella (Dxc-PRM)
The president of the Chamber of Deputies, Alfredo Pacheco (PRM)
Senator Bautista Rojas (FP-PRM)
Deputy Victor Manuel Fadul (PLD)
Luis Henry Molina, president of the Supreme Court of Justice (PLD)
Magda Nancy Salcedo Fernández, Supreme Court of Justice (PLD)
Attorney General of the Republic, Miriam Germán Brito
President Luis Abinader has the right to a tie-breaking vote in case it is necessary.
Art. 178 of the 2015 Constitution establishes that the members of the National Council of the Magistracy need to be:
The President of the Republic, who shall act as chair. In his absence, the Vice President.
The president of the Senate.
A senator chosen by the Senate, belonging to a political party or bloc of parties difference from the one of the president of the Senate and representing the party or bloc with the second most seats in the Senate.
A deputy chosen by the Chamber of Deputies, belonging to a political party or bloc of parties different from the one of the president of the Chamber of Deputies and representing the party or bloc with the second most seats in the Chamber of Deputies.
The president of the Supreme Court of Justice.
An associate justice of the Supreme Court of Justice, chosen by the Supreme Court, who will act as secretary.
The Attorney General.
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El Caribe
4 December 2020