On 7 October 2024, Dominican legislators convened by president of the Senate Ricardo de los Santos approved the first reading on seven of 10 constitutional reform amendments submitted by President Luis Abinader. The voting session of the National Revisory Assembly was attended by 212 of a possible 222 legislators. A manual vote was taken because the hall that gathers senators and deputies did not have an electronic vote system installed. The session lasted five hours.
The first articles to be presented to the vote of the members of the Chamber of Deputies and Senate were articles 81, 166, 167, 169, 171, 178 and 179. During the Tuesday session, articles 209, 268, 274, 278 will be read and voted on to complete the first reading and vote. A second reading would then be placed on agenda.
What was passed in the session on Monday, 7 October 2024:
Art. 81. The Chamber of Deputies would be reduced from 190 to 170 deputies. Of these 158 would represent the National District and 31 provinces, five would be by accumulation of votes and seven would represent the Dominican communities abroad.
Art. 166 and 167. The amendment establishes that the General Lawyer of the Public Administration is the permanent representative of the Administration before the Administrative Contentious Jurisdiction. This is the court that reviews whether government officers have acted according to the law. The amendment will include the stipulation that adjunct lawyers can be appointed as needed. The Office of the General Lawyer of the Public Administration is a dependency of the Executive Branch.
Art. 169. The Public Ministry is the body of the justice system responsible for formulating and implementing criminal prosecution policies against crime, directing criminal investigations, and exercising public action on behalf of society.
Paragraph I.- In the exercise of its functions, the Public Ministry will guarantee the fundamental rights of citizens, promote alternative dispute resolution, provide protection for victims and witnesses, and defend the public interest protected by law.
Paragraph II.- The law will regulate the functioning of the prison system under the direction of the Public Ministry or another body that may be established for this purpose.
Art. 171. The change establishes that the President of the Republic at the start of his mandate will propose to the National Council of the Magistracy a person to be named Attorney General and seven to be appointed adjunct prosecutors.
Paragraph I.- The Attorney General of the Republic and the seven deputy attorneys, appointed by the National Council of the Judiciary, shall have a status of immovability for two years. They may be confirmed at the end of their term by the National Council of the Judiciary, under the same rules as their election, except in the case of dismissal through impeachment.
Paragraph II.- In the event of a definitive vacancy of the Attorney General of the Republic and their deputies, their replacement will be appointed through the same mechanism for the remaining time to complete the current two-year term.
Art. 178. This article establishes the membership of the National Council of the Magistracy (CNM), removing the Attorney General, but adding the president of the Constitutional Court. The new president of the Constitutional Court was recently appointed by the CNM, presided by President Luis Abinader.
The members of the CNM that appoints the judges of the higher courts would now be:
- The President of the Republic, or the Vice President;
- The president of the Senate;
- A senator chosen by the Senate of the Republic, who belongs to a party or coalition different from that of the president of the Senate and represents the second-largest majority;
- The president of the Chamber of Deputies;
- A deputy chosen by the Chamber of Deputies, who belongs to a party or coalition different from that of the President of the Chamber of Deputies and represents the second-largest majority;
- The president of the Supreme Court of Justice;
- A judge of the Supreme Court of Justice chosen by its full membership, who will serve as secretary;
- The president of the Constitutional Court.
Art. 179. This article defines that the National Council of the Magistracy will appoint the Attorney General and seven adjunct prosecutors. The other roles of the CNM are to appoint the judges of the Supreme Court of Justice; appoint the judges of the Constitutional Court; appoint the judges of the Superior Electoral Court and replacements.
The president of the Chamber of Deputies Alfredo Pacheco told El Caribe: “Allow me to inform you that we are on track to complete the first reading tomorrow. Subsequently, the two committees designated for this purpose, both the drafting committee and the other committee responsible for overall oversight, will work for a minimum period of five days established between the approval of the first reading and the approval of the second reading. This means that if we finish tomorrow, we could resume the work of the National Assembly reviewing the Constitution next week,” Pacheco stated, affirming that they are progressing at a satisfactory pace.”
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Diario Libre
8 October 2024