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View Full Version : Two-thirds is the issue, not the observation



NewsWhore
03-24-2011, 04:50 PM
The government is on the offensive in response to accusations of Constitutional violation from civil society organizations and the business sector.

The Executive Branch has published full-page advertisements in the media claiming that the National Business Council (Conep) had disputed the President's right to make observations on a bill. On Tuesday, Conep criticized the passing of the observations made by the President to a bill sent by Congress for signing into law with a simple majority, rather than with the two-thirds majority required for the passing of the organic laws. At no time did Conep object to the President's right to observe a bill.

In the statement to the press, Presidency Minister Cesar Pina Toribio argued the President's right to observe a bill. He did not address the point of the single majority versus two-thirds majority made by Conep.

Conep president Manuel Diez Cabral warned that the plan to also pass the observations 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 a two-thirds majority vote for approving or modifying organic laws. He says that by these actions the legislators are jeopardizing the rule of law and judicial security in the country.

Yesterday, no quorum was reached for the Senate to approve the observations made by the Executive Branch to the Organic Bill on the Constitutional Court. When President Fernandez observed this bill he registered disagreement with the 75 years age limit for judges. He also suggested other changes. The bill will be reviewed again on Wednesday.

Business sectors are concerned that legislators will again resort to a single majority for passing of the bill. The ruling PLD party holds the majority in both houses of Congress.

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