2024News

The changes in the 2024 Constitution

D Dolores Vicioso
Posted onOct 28, 2024 at 9:50 AM
Updated onUpdated on Oct 28, 2024 at 8:13 AM

2024 CONSTITUTION AMENDMENTS AND TRANSITORY CLAUSES

(DR1 English Version, 28 October 2024)

SECTION I: THE CHAMBER OF DEPUTIES
Article 81 – Representation and Composition: The Chamber of Deputies shall be composed as follows:

  1. 158 deputies elected by territorial constituency, representing the National District and the provinces, distributed in proportion to the registered electoral population according to the Central Electoral Board (JCE), with a minimum of two representatives per province;
  2. Five deputies elected at the national level through a cumulative voting system, preferably from parties, alliances, or coalitions that have not secured seats but have received at least one percent (1%) of valid votes cast. The law will determine their distribution;
  3. Seven deputies elected to represent the Dominican community abroad. The law will establish their method of election and distribution.

Article 166 – Attorney General of the Public Administration: The Attorney General of the Public Administration is the permanent representative of the Public Administration before the Administrative Litigation Jurisdiction (Jurisdicción Contencioso Administrativa). The law will set forth the requirements and regulate the representation of other state entities before this jurisdiction.

Paragraph: For the performance of his/her duties, the Attorney General of the Public Administration will have deputy attorneys and, as appropriate, other attorneys designated by him/her.

Article 167 – Office of the Attorney General of the Public Administration: The Office of the Attorney General of the Public Administration is created as an agency of the Executive Branch, organized in accordance with the law.

CHAPTER V: THE PUBLIC MINISTRY
Article 169 – Public Ministry: The Public Ministry is the organ 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, ensure the protection of victims and witnesses, and defend the public interest as protected by law.

Paragraph II: The law will regulate the functioning of the prison system under the direction of the Public Ministry or another entity established for this purpose.

SECTION I: INTEGRATION
Article 171 – Appointment and Requirements: Within the first one hundred days of his/her constitutional term, the President of the Republic will propose to the National Magistracy Council a candidate for Attorney General of the Republic and those who represent half of the deputy attorneys, as established by law.

Paragraph I: The Attorney General of the Republic and the deputy attorneys appointed by the National Magistracy Council will have security of tenure for a period of two years. They may be confirmed at the end of their term by the National Magistracy Council under the same rules as their appointment, except for removal through political trial.

Paragraph II: In the event of the definitive absence of the Attorney General or his/her deputies, replacements will be appointed through the same mechanism for the remainder of the two-year term.

Paragraph III: In no case shall the tenure of the Attorney General and the deputies exceed the constitutional term for which they were appointed, unless confirmed by the National Magistracy Council for a new term, without prejudice to the provisions of this Constitution.

Paragraph IV: To be Attorney General of the Republic, the following is required:

  1. Must be a Dominican by birth or descent and over thirty-five years of age;
  2. Must be in full exercise of civil and political rights;
  3. Must hold a law degree;
  4. Must have practiced law for at least 12 years, taught law at the university level, or served for the same duration as a judge within the Judiciary or as a representative of the Public Ministry, with these periods being cumulative;
  5. Must not have held a leadership position in any political party, nor been a candidate for any elective office, or engaged in notable and continuous political campaigning in the five years prior to their appointment.

Paragraph V: The same conditions required for the Attorney General of the Republic apply to deputy attorneys.

Paragraph VI: The law will establish the method of appointment for other members of the Public Ministry.

TITLE VI: THE NATIONAL MAGISTRACY COUNCIL
Article 178 – Composition: The National Magistracy Council will consist of:

  1. The President of the Republic, who will preside over it, and in his/her absence, the Vice President of the Republic;
  2. The President of the Senate;
  3. A senator selected by the Senate who belongs to a party or coalition different from that of the Senate president and represents the second-largest majority;
  4. The president of the Chamber of Deputies;
  5. A deputy selected by the Chamber of Deputies who belongs to a party or coalition different from that of the Chamber of Deputies president and represents the second-largest majority;
  6. The president of the Supreme Court of Justice;
  7. A magistrate of the Supreme Court appointed by the Plenary, who will serve as secretary;
  8. The president of the Constitutional Court.

Article 179 – Functions:
The National Magistracy Council will have the following functions:

  1. Appoint judges to the Supreme Court of Justice;
  2. Appoint judges to the Constitutional Court;
  3. Appoint judges to the Superior Electoral Court and their alternates;
  4. Appoint the Attorney General of the Republic and half of the deputy attorneys, as proposed by the President of the Republic;
  5. Evaluate the performance of the judges of the Supreme Court of Justice.

Article 209 – Electoral Assemblies:
Electoral assemblies will function in electoral colleges organized according to the law. The electoral colleges will convene every four years to elect the President and Vice President of the Republic, legislative representatives, parliamentary representatives to international organizations, municipal authorities, and other elective officials. These elections will take place on the third Sunday in May.

  1. If in the elections for President and Vice President of the Republic no candidate receives more than half of the valid votes cast, a second election will be held on the last Sunday of June of the same year. In this second election, only the two candidates with the highest number of votes will participate, and the candidate with the most valid votes cast will be declared the winner;
  2. Elections will be held in accordance with the law, with representation for minorities when two or more candidates are to be elected;
  3. In cases of extraordinary convocations and referendums, electoral assemblies will meet no later than seventy days after the publication of the convocation. Elections for officials cannot coincide with referendums.

Article 268 – Form of Government and Rules for Presidential Elections:
No amendment to the Constitution may alter the form of government established in Article 4 of this Constitution, which must always be civil, republican, democratic, and representative. Neither may it alter the rules for presidential elections established in Article 124 of this Constitution.

Article 274 – Constitutional Term of Elected Officials:
The elected term of the President and Vice President of the Republic, legislative representatives, parliamentary representatives to international organizations, municipal authorities, and other elective officials will end on 16 August every four years, the date when the corresponding constitutional term begins, with exceptions provided in this Constitution.

Paragraph I: If an elected official vacates the position due to death, resignation, disqualification, or other causes, the successor will serve until the constitutional term is completed.

Paragraph II: In the case of a succession vacancy at the municipal level, the law will establish the mechanism to fill the vacancies.

Article 275 –
Paragraph IV: To be Attorney General of the Republic, the following is required:

  1. Must be a Dominican by birth or descent and over thirty-five years of age;
  2. Must be in full exercise of civil and political rights;
  3. Must hold a law degree;
  4. Must have practiced law for at least twelve years, taught law at the university level, or served for the same duration as a judge within the Judiciary or as a representative of the Public Ministry, with these periods being cumulative;
  5. Must not have held a leadership position in any political party, nor been a candidate for any elective office, or engaged in notable and continuous political campaigning in the five years prior to their appointment.Paragraph V: The same conditions required for the Attorney General of the Republic apply to deputy attorneys.

Paragraph VI: The law will establish the method of appointment for other members of the Public Ministry.

Article 278 – Electoral Terms and Constitutional Reforms:

No elected official may benefit from a constitutional reform regarding nomination, election, or tenure in the office held during their term when it pertains to the rules.

CHAPTER II
TRANSITIONAL PROVISIONS

First: As an exception to the provisions of Article 81 of this Constitution, the distribution of territorial representatives to be elected to the Chamber of Deputies in the 2028 elections will be based on the voter registry used in the congressional elections of May 2024.

Second: Pending contracts submitted to the National Congress at the time of the approval of the provisions contained in Article 128, paragraph 2, letter d) of this Constitution will complete the legislative procedures outlined in the Constitution of 2002.

Third: The Attorney General of the Public Administration and their deputies will be appointed by decree of the President of the Republic until the corresponding law establishes the method of their appointment.

Fourth: Until the relevant law assigns the responsibility for formulating and implementing the State’s policy against crime to an executive branch body or agency, this responsibility will remain with the Public Ministry.

Fifth: As an exception to Article 209 of the Constitution, the elections in 2028 for municipal authorities will be held on the third Sunday of February, and those elected will take office on 24 April of the same year.

Sixth: The provisions in Article 272 concerning the approval referendum and exceptional constitutional reforms do not apply to this case.

Seventh: As an exception to Article 274, the municipal authorities elected on the third Sunday of February 2028 will serve a term beginning on 24 April 2028, and ending on 16 August 2032.

Eighth: Within no more than seven ordinary legislative sessions from the proclamation of this Constitution, all necessary laws required by this Constitution must be drafted, adapted, and approved.

Ninth: If the President of the Republic from the constitutional period 2012-2016 is a candidate for the same position for the 2016-2020 term, they may not run for the subsequent term or any other term, nor for the Vice Presidency of the Republic.

Tenth: The President of the Republic elected on the third Sunday of May 2024 may not run for the same position again, nor for the Vice Presidency of the Republic.

2024 Constitution

28 October 2024