President Luis Abinader signed into law on 8 January 2025 a bill that modifies the method of selecting the Attorney General of the Republic and removes the Attorney General from the National Council of the Magistracy (CNM). The new law, numbered 1-25, adds the president of the Constitutional Court as a member of the CNM.
With the new law in effect, the Attorney General will no longer be unilaterally appointed by the President. Instead, the President must propose a candidate who meets certain constitutional requirements to the CNM for approval.
The CNM, which comprises members from different branches of government and political parties, can approve or reject the President’s nominee, as well as nominees for seven deputy attorneys general.
The enacted law aligns with the amended 2024 Constitution, which was enacted on 27 October 2024. It also introduces the President of the Constitutional Court to the CNM while removing the Attorney General, a position added in the 2010 constitutional reform.
The CNM now has a 30-day deadline to draft regulations for implementing the new law and subsequently proceed with the selection of the top officials of the Public Ministry, the evaluation of Supreme Court justices, and filling vacancies on the court.
In July, the CNM is expected to evaluate and appoint members of the Superior Electoral Court (TSE).
The bill amending Law 138-11, which governs the CNM, was approved by the Chamber of Deputies on Tuesday, 7 January 2025 and sent to the Presidency for enactment.
Attorney General Miriam Germán Brito announced her resignation in August 2024, at the start of the second term of President Luis Abinader, but was asked to remain in the position until the designation of her replacement.
On Tuesday, 7 January 2025, Executive Branch’s legal advisor, Antoliano Peralta, reported that the CNM would soon be convened to select a successor to Attorney General Germán Brito.
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9 January 2025