NewsWhore
03-23-2011, 04:20 PM
As well as questioning the establishment of 75 as the retirement age for Constitutional Tribunal (TC) judges, the Executive Power also observed several other aspects of the new judicial entity's Organic Bill. The president also questioned one of the "Whereas" clauses in some procedures, Article 12 which talks about who will preside the National Council of Magistrates as well as a paragraph in Article 13 that stipulates the obligatory retirement at the age of 75.
He also questions Article 50, which orders that the TC has the authority to resolve the incidences in the execution of the sentence that decides an appeal of unconstitutionality.
As a result of these observations, Diario Libre reports that the PRD and the National Business Council (Conep) both came out with statements warning of the dangers of passing the observations with a simple majority instead of the two-thirds majority required by Article 112 of the Constitution.
Conep president Manuel Diez Cabral earlier had criticized the approval by Congress of the observations made by President Leonel Fernandez to the Organic Bill on the National Council of Magistracy, describing it as a violation of the Constitution, as reported in Diario Libre. In the past, a two-thirds majority of the vote had been required, but last week the Chamber of Deputies accepted a simple majority, and passed the observations.
Diez Cabral says the intent to also pass the observations carried out by President Leonel Fernandez to the Organic Bill of the Constitutional Court with a simple majority would also be in violation of the Constitution. He said that this kind of bill requires two-thirds of the legislators to vote in favor.
Diez Cabral said that if the senators proceed as the deputies did with the National Council of the Magistracy last week, this would violate Art. 112 of the Constitution that requires the two-thirds vote for approving or modifying organic laws. He says the legislators are jeopardizing the rule of law and judicial security in the country.
More... (http://www.dr1.com/index.html#4)
He also questions Article 50, which orders that the TC has the authority to resolve the incidences in the execution of the sentence that decides an appeal of unconstitutionality.
As a result of these observations, Diario Libre reports that the PRD and the National Business Council (Conep) both came out with statements warning of the dangers of passing the observations with a simple majority instead of the two-thirds majority required by Article 112 of the Constitution.
Conep president Manuel Diez Cabral earlier had criticized the approval by Congress of the observations made by President Leonel Fernandez to the Organic Bill on the National Council of Magistracy, describing it as a violation of the Constitution, as reported in Diario Libre. In the past, a two-thirds majority of the vote had been required, but last week the Chamber of Deputies accepted a simple majority, and passed the observations.
Diez Cabral says the intent to also pass the observations carried out by President Leonel Fernandez to the Organic Bill of the Constitutional Court with a simple majority would also be in violation of the Constitution. He said that this kind of bill requires two-thirds of the legislators to vote in favor.
Diez Cabral said that if the senators proceed as the deputies did with the National Council of the Magistracy last week, this would violate Art. 112 of the Constitution that requires the two-thirds vote for approving or modifying organic laws. He says the legislators are jeopardizing the rule of law and judicial security in the country.
More... (http://www.dr1.com/index.html#4)