NewsWhore
04-01-2011, 07:10 PM
Lawyer Jose Marte Piantini alerts to the argument defended by the presidents of the Chamber of Deputies and Senate, Abel Martinez and Pared Perez that President Leonel Fernandez vetoed the Organic Bill of the National Council of the Magistracy according to Art. 102. Martinez and Pared Perez argued that the article allows the approval by simple majority of an organic bill objected by the President.
"Where is the problem? The President, when he vetoed the bill, modified the intention of the legislator, and then, the approval in the Chamber of Deputies should have been in virtue of what is established in Art. 112 of the Constitution that says that to modify an Organic Bill the favorable vote of two-thirds of those present in both houses is necessary," he writes.
In his opinion, the way the Chamber of Deputies approved the bill, with a simple majority, should be declared in violation of the Constitution.
He says a negative precedent is being set. "This precedent takes us to a constitutional coup that could lead to the disappearance of constitutional laws. The Executive Branch when not in agreement with a law would just have to let Congress approve it, and then the President would observe it. The bill would return to Congress and then Congress would approve the bill as if it were an ordinary bill with a simple majority."
The 2010 Constitution establishes the category of organic bills, those that are created by the Constitution itself, differentiating them from ordinary laws that can be approved with a simple majority in Congress.
www.blogs.elcaribe.com.do/articulistas/articulista-invitado/7956-constitucion-versus-inconstitucionalidad.html (http://www.blogs.elcaribe.com.do/articulistas/articulista-invitado/7956-constitucion-versus-inconstitucionalidad.html)
www.hoy.com.do/opiniones/2011/3/31/369291/Leyes-organicas-observaciones-y-manipulacion-constitucional (http://www.hoy.com.do/opiniones/2011/3/31/369291/Leyes-organicas-observaciones-y-manipulacion-constitucional)
More... (http://www.dr1.com/index.html#5)
"Where is the problem? The President, when he vetoed the bill, modified the intention of the legislator, and then, the approval in the Chamber of Deputies should have been in virtue of what is established in Art. 112 of the Constitution that says that to modify an Organic Bill the favorable vote of two-thirds of those present in both houses is necessary," he writes.
In his opinion, the way the Chamber of Deputies approved the bill, with a simple majority, should be declared in violation of the Constitution.
He says a negative precedent is being set. "This precedent takes us to a constitutional coup that could lead to the disappearance of constitutional laws. The Executive Branch when not in agreement with a law would just have to let Congress approve it, and then the President would observe it. The bill would return to Congress and then Congress would approve the bill as if it were an ordinary bill with a simple majority."
The 2010 Constitution establishes the category of organic bills, those that are created by the Constitution itself, differentiating them from ordinary laws that can be approved with a simple majority in Congress.
www.blogs.elcaribe.com.do/articulistas/articulista-invitado/7956-constitucion-versus-inconstitucionalidad.html (http://www.blogs.elcaribe.com.do/articulistas/articulista-invitado/7956-constitucion-versus-inconstitucionalidad.html)
www.hoy.com.do/opiniones/2011/3/31/369291/Leyes-organicas-observaciones-y-manipulacion-constitucional (http://www.hoy.com.do/opiniones/2011/3/31/369291/Leyes-organicas-observaciones-y-manipulacion-constitucional)
More... (http://www.dr1.com/index.html#5)