The ruling Modern Revolutionary Party (PRM) is proposing convening the National Assembly (joint session of the Chamber of Deputies and Senate) to amend several key points of the 2015 Constitution.
Most Presidents in the Dominican Republic have presented amendments to the Constitution. Once the National Assembly is convened, the floor is open to discussions of any kind regarding the amendments to the Constitution.
Most Presidents have amended the Constitution in their terms to continue or return to office. This includes amendments carried out by living former Presidents Hipólito Mejia, Leonel Fernandez and Danilo Medina.
The present constitution bans former President Danilo Medina from running again for office. Medina is the president of the Dominican Liberation Party (PLD), the largest opposition party. The 2015 Constitution also establishes a maximum two consecutive year term for President Luis Abinader.
The PRM proposes to amend the membership of the National Council of the Magistracy that chooses the judges of the high courts – Constitutional Court, Supreme Court of Justice, Superior Administrative Court and Superior Electoral Court. The PRM requests that the Attorney General no longer be a member of the National Council of the Magistracy.
The proposal also encompasses recommendations for amendments to the role of the Attorney General regarding crime and the jails system. The Attorney General is appointed by the standing President. The PRM proposes that the Attorney General de appointed for six years and not be removable. Government terms are for four years.
Also proposed is the reunification of the presidential and legislative election with that of the municipal elections and the elimination of the dragging facility for all electoral levels – presidential, legislative and municipal. The proposal also amends the time span for the elected members of the high courts.
Legal Advisor of the Executive Branch, Antoliano Peralta submitted the proposal on 9 February 2022 to the Economic and Social Council (CES) for discussion. The decisions of the CES are just recommendations.
Among other amendments, the government party proposes to remove the assessment of Supreme Court of Justices as a responsibility of the members of the National Council of the Magistracy.
The ruling party favors that the judges of the Constitutional Court, the Supreme Court of Justice and the Superior Electoral Court be elected by the CNM for a single term of nine years, and only those judges who as replacements have held office for a period of less than five years may be reelected; the composition of these courts would be renewed gradually every three years. The president of each of these courts would be elected, from among the judges remaining on each court, for a single three-year term.
The PRM now proposes that to be part of the higher courts, the candidates should not have political affiliation in the past five years prior to the appointment, nor have campaigned in a notorious, recognized and constant manner, without detriment to the other requirements established by law. These same requirements are proposed to be applied for the election of the members of the Chamber of Accounts.
The ruling party proposes that the presidential, congressional, parliamentary elections of international organizations and municipal elections all be held on the third Sunday of May every four years. At present, municipal elections are held in March and presidential and legislative elections in May of the same year, every four years.
The PRM proposes to add attributions to the Comptroller General’s Office.
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Diario Libre
10 February 2022