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View Full Version : Approval of CNM stirs appeals



NewsWhore
03-17-2011, 05:00 PM
The Chamber of Deputies approval of President Fernandez's observations on the Organic Law of the National Council of Magistrates (CNM) has provoked widespread rejection from diverse sectors of society. Some are saying that they intend to go before the Supreme Court and file an appeal of unconstitutionality in response. The National Business Council (CONEP) said the decision was very damaging for the country's institutionalism and a violation of the new Constitution that places judicial security in doubt.

As reported by Diario Libre, the Justice and Transparency Foundation (FJT) called the passage "an institutional coup d'etat", and an affront to Dominican democracy. They added that the deputies followed the procedures of ordinary laws, in frank and open violation of article 112 of the Constitution, which establishes which laws are organic.

Trajano Potentini of FJT warned that this was a law that was illegal, flawed and conceived outside of the constitutional procedures on legislative matters and rendering all decisions emanating from the CNM invalid. The presidential candidate for Alianza Pais, Guillermo Moreno, said that the time is right for reactions and for demanding respect for the Constitution of the Republic.

He said that accepting the decision taken by the Chamber of Deputies means accepting as valid the idea that the legislators can act outside of the Constitution.

At stake is whether the President of the Republic will have the final say on the members of the Supreme Court of Justice, the Constitutional Court and the Higher Electoral Court.

There is speculation that the President could influence and decide on the legality of issues such as whether a loophole could be found so he himself could run for President in 2012, despite this being banned in the 2010 Constitution.

In Congress, only PLD deputy Minou Tavares spoke out against the passing of the bill.

http://www.elcaribe.com.do/site/nacionales/271200-minou-presidente-de-diputados-impuso-aprobacion-cnm.html

Also, more than 20 organizations from the civil society will file an appeal of unconstitutionality against the recently approved Organic Law of the Constitutional Tribunal if President Fernandez does not observe the legislation. The organizations signing the lawsuit include Citizen Participation, the Justice Platform of the Citizens Forum and Copadeba.

An editorial in Hoy newspaper also speaks out against the approval by Congress of the observations made by President Fernandez to the National Council of the Magistracy. "The country is watching one of the most censurable dramas of Dominican politics and use of congressional power in the hands of a single party. There is an offense to constitutionality that under no pretext should be ignored," concludes the editorial writer.

http://www.elcaribe.com.do/site/nacionales/271183-ley-del-cnm-otorga-mayor-poder-a-leonel-fernandez.html

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