NewsWhore
03-10-2011, 04:10 PM
Lawyer Marisol Vicens alerts that if the changes proposed by President Leonel Fernandez to the ruling for the National Council of the Magistracy are approved, the Presidency will obtain total control of the decisions made by the body in charge of selecting judges for the Supreme Court of Justice, the Electoral Court, and the Constitutional Court, the new body in charge of reviewing certain decisions of the Supreme Court.
President Leonel Fernandez recently vetoed the bill for the ruling that passed in the Congress. Vicens says that the observations respond to the President's interest to ensure he has total control of the decisions of the Council, like the one that seeks to establish that the President will be able to rule on a tie, in addition to the change so that the decisions of the Council are taken by the simple majority of those present.
"To establish a qualifying vote within the Council is totally counterproductive, not only because in the present circumstances President Fernandez has at least four of the eight votes, but also because regardless of the number of votes he may have it will mean a dangerous supremacy of the Executive Branch in that body."
"As a society we cannot allow our institutions and the legal framework to be designed to cater to the timely interests of the authority in power", she observes.
She comments that they have not learned that by doing so they are often "hoist by their own petard", as in the case of Hipolito Mejia whose strategy backfired in 2002 when he pushed through the constitutional reform that eliminated the 'never-again' clause and enabled Leonel Fernandez to return to power, or the more recent pact signed by Miguel Vargas so that the present constitution enables the possibility of non-consecutive re-election that opened the way for Mejia to seek the candidacy and for President Fernandez to run again in 2016.
www.blogs.elcaribe.com.do/articulistas/marisol-vicens/7758-asando-batatas.html (http://www.blogs.elcaribe.com.do/articulistas/marisol-vicens/7758-asando-batatas.html)
More... (http://www.dr1.com/index.html#8)
President Leonel Fernandez recently vetoed the bill for the ruling that passed in the Congress. Vicens says that the observations respond to the President's interest to ensure he has total control of the decisions of the Council, like the one that seeks to establish that the President will be able to rule on a tie, in addition to the change so that the decisions of the Council are taken by the simple majority of those present.
"To establish a qualifying vote within the Council is totally counterproductive, not only because in the present circumstances President Fernandez has at least four of the eight votes, but also because regardless of the number of votes he may have it will mean a dangerous supremacy of the Executive Branch in that body."
"As a society we cannot allow our institutions and the legal framework to be designed to cater to the timely interests of the authority in power", she observes.
She comments that they have not learned that by doing so they are often "hoist by their own petard", as in the case of Hipolito Mejia whose strategy backfired in 2002 when he pushed through the constitutional reform that eliminated the 'never-again' clause and enabled Leonel Fernandez to return to power, or the more recent pact signed by Miguel Vargas so that the present constitution enables the possibility of non-consecutive re-election that opened the way for Mejia to seek the candidacy and for President Fernandez to run again in 2016.
www.blogs.elcaribe.com.do/articulistas/marisol-vicens/7758-asando-batatas.html (http://www.blogs.elcaribe.com.do/articulistas/marisol-vicens/7758-asando-batatas.html)
More... (http://www.dr1.com/index.html#8)