Saturday, April 22, 2017,
Santo Domingo, D.N.
Saturday, April 22, 2017,
Santo Domingo, D.N.
The plenary of the Constitutional Court will hear, on Monday, April 24, the direct action of extreme urgency of unconstitutionality filed by the National Committee to Combat Climate Change, CNLCC, against Decree 6-17 that formed the commission of notables investigating the tender and award of the contract of Punta Catalina to Odebrecht.
The hearing will be held from 9 am this coming Monday, in the Augusta Chamber of the Supreme Court of Justice, located in the Center of Heroes of this city of Santo Domingo, as ordered by Hearing Order number 15-2017 of April 8 last, signed by the magistrates Milton Ray Guevara and Julio Rojas Báez, respectively president and secretary of the Constitutional Court.
The group invited the citizens to attend this hearing to be held “precisely on the day that commemorates the Constitutionalist Revolution of 1965, so that we defend the citizenship tutelage on the Constitution and the division and independence of the Public Powers, base of our Constitutional regime. “
On February 21, the CNLCC deposited this unconstitutional action before the Constitutional Court, requesting that Decree 6-17 be declared non-compliant with the Constitution and invalidating the commission that constituted it.
The entity bases its direct action on unconstitutionality in articles 36 and 37 of Organic Law 137-11 of the Constitutional Court and of the Constitutional Procedures of June 13, 2011, which establishes that this action may be filed, at the request of the President of The Republic, a third of the members of the Senate or the Chamber of Deputies and any person with a legitimate and legally protected interest.
It considers that the Executive has abrogated an attribution that Article 93.2 of the Constitution grants the National Congress to establish commissions with criteria of auditing and control.
It affirmed that the President of the Republic can not be above the institutionality and overlook the division and independence of the public powers.
“Only the Trujillista Culture prevailing still within Law Professionals, can accept that the President is invested of all the powers and therefore can act like a monarch above the law and of the other public powers”.
It stated that in article 128 of the Constitution of the Republic cited by Decree 6-17, does not confer on the President of the Republic the prerogative to appoint these types of commissions or delegate to other bodies or figures powers of investigation and auditing or control , and for which there are already jurisdictions of this nature of constitutional bodies and other powers of the State.
It cited Article 6 of the Constitution which states that “all persons and bodies exercising public powers are subject to the Constitution, supreme and fundamental rule of the legal system of the State. Any law, decree, resolution, regulation or act contrary to this Constitution shall be null and void. “
It described this decree, its commission and its actions, attacks on the rule of law, good administration, good justice, division of powers and all logic of criminal investigation in complex cases.
It put forward in the appeal of unconstitutionality that the commission that makes up Decree 6-17 is parallel and conflicts with State institutions that have been created by law such as the Office of the Attorney General, the Chamber of Accounts and the General Directorate Of Public Contracts.
It pointed out that a power can not audit itself, creating a commission to its measure and conformed by members with manifest and irreducible conflicts of interest with the object of the investigation.
It also rejected that a commission created by the President of the Republic has the power to handle issues that are jurisdictional, from a constitutional body such as the Public Ministry.
It informed that the lawyers who will present before the full Constitutional Court by the entity will be Darío Coronado, Euren Cuevas, Yovanny Diaz, and Miguel Ferreras, among others.
The request for review of unconstitutionality is signed by Rafael Enrique de León Piña, Domingo A. Acevedo, David Montes De Oca, Carlos L. Sánchez Solimán, Dolores Paulino, Demetrio Turbí Ortíz, among others, all belonging to the National Committee to Combat Climate Change, CNLCC.
NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC
Annex: Unconstitutionality Act of Extreme Urgency of Decree 6-17, filed before the Constitutional Court by the National Committee to Combat Climate Change, CNLCC, February 21, 2017.
Constitutional Action in Nullity of Decree Vf.1