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NewsWhore
09-11-2009, 06:20 PM
The Constitution Revisory Assembly's Constitutional Reform Verification and Auditing Commission is now ready to submit its report on the creation of a Constitutional Court made up of 13 judges that can be renewed and whose leadership will be changed every 3 years. All the judges will be appointed for 9-year terms. Commission president and assembly member Frank Martinez said that the members of the Constitutional Court would be subject to judicial review so that the body that selects them has no disciplinary control.
Diario Libre says that once it is included in the new Constitution, Congress will take on the task of writing the law that will define the organization, function and procedures of the Constitutional Court, and will leave it to the National Council of Magistrates to determine the profiles of the high court judges.
"We need to consolidate what is the tutelage of the fundamental rights, the citizens have rights and we understand that within the justice system there are other systems of control, concentrated control that would be exercised by the Constitutional Court and that now is done by the Supreme Court of Justice (SCJ), and the diffuse control that is carried out by any tribunal in the country," said Martinez.
He described the amendment or reconsideration as a positive step because it incorporates the modern tools in the exercise of the rule of law and litigation in our country. "It is a good start for the legal professional to be trained in constitutional matters and they can hope that some day they can take part in the selection process, as was done for the members of the Supreme Court", he pointed out.
The work done by the Commission for Verification and Auditing includes recommending to the full assembly is that there should be 3 members of the Election Court and 5 members of the Central Electoral Board (JCE), an organization whose membership was not defined during the first reading of the reform.
The issue of nationality will be reconsidered in order to find a solution to the cases of children of foreigners who have resided in the country for many years and are already registered in the Dominican civil registry.
Another article to be modified is Article 44 so that the evangelical pastors can celebrate marriages with a series of conditions. "One law will regulate this, because it is not going to apply to all the pastors either. That will have to be decided through councils, for example in order to have control of who can celebrate marriages. Moreover, each pastor will have to acquire the knowledge that is implied in civil law", he stated.
Another issue to be reconsidered is the rendering of accounts by the legislators as an unavoidable obligation.

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