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NewsWhore
02-17-2009, 01:10 PM
According to the National Council of Business (CONEP), several articles in President Leonel Fernandez's proposed Constitution affect property rights and free enterprise. In a sweeping and detailed document, jointly produced with the National Association of Young Entrepreneurs (ANJE), and the Association of Industries in the Dominican Republic (AIRD), the CONEP criticizes that the Constitution takes on matters that should be left to specific laws, such as in the case of the dispositions related to the ownership of natural resources. Another aspect that worries the CONEP is the set of dispositions relating to the right to work established in Article 51 of the proposal. As reported in the Diario Libre, CONEP indicated that these go into specific details and stiffen the dispositions by not causing them to go through labor legislation. CONEP assured that this will give "an unequivocal sign to investors by prohibiting the reduction of the economic activity", which will "imply a limitation on free enterprise."
CONEP criticizes that article 41 would create state monopolies, above the law, and not accountable.
The business community also criticizes the special tax structure contemplated for the frontier. The point raised is that it could cause confusions and "an abuse in the discretional use" as well as the difficulties that it will create in the expropriation without compensation in the case of a serious situation (Article 42, paragraph c of the proposal).
The businessmen question the proposed article 196 that reinstates the possibility of government forcing price stability, when in today's free market, price controls have been eliminated.
The CONEP report calls for the implementation of a regimen of market social economy; a model that it said should observe the responsibility of fiscal policies and economic transparency, elements that, according to CONEP, are not in the proposed constitutional reform. CONEP considered that other elements, such as the possibility of state monopolies and the constitutional blessing of price stability, would distort the proposed regimen and the freedom to do business.
CONEP also expressed its worry in the face of a possible shrinking of the Judicial Power if the projected proposal is approved. They said that the creation of a Constitutional Chamber and the establishing of a Superior Administrative Tribunal could give way to "fights and struggles inside the Supreme Court and the Judiciary." In CONEP's opinion these and other dispositions will mark a setback in the achievements attained by this branch of government in the past years.
The businessmen also criticize that the number of deputies would be increased to 250, and the number of diaspora senators to nine.
The government has convened the legislative Revisory Assembly that is in charge of reviewing the constitutional reform bill sent by the Executive Branch.

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