SANTO DOMINGO.-The work that was agreed upon with the Dominican Society of Newspapers (SDD) and a team of jurists regarding the Law that created the National Intelligence Directorate (DNI) for modification purposes, must be started from scratch.
The president of the SDD, Persio Maldonado, explained that due to the government’s delay in modifying the legal text, the progress made will be left aside because a law that does not exist cannot be modified.
He said this in reference to ruling 0767-24 of the Constitutional Court, which declared Law no. 1-24 of the DNI.
It was not salvageable
Another aspect considered by Maldonado is that the aforementioned Law was not salvageable, because, despite warnings from the SDD and other sectors of civil society, the government insisted that it was an ordinary law.
However, the Constitutional Court determined that it should be treated as an Organic Law, which modifies the majorities required for its approval. Maldonado indicated that the SDD is willing to collaborate with the authorities so that some of the aspects discussed in a special commission that was created in order to modify the law are considered.
Officialism
The legal consultant of the Executive Branch, Antoliano Peralta, declared that the TC based its decision on a procedural error during the legislative process of the norm, without questioning its content or identifying violations of fundamental rights.
“According to the ruling, the law was approved in both chambers with the necessary majorities, but without complying with the formalities required for its convocation and treatment as an organic law,” he explained.
Regarding the procedural defect cited in the ruling, the official said that the “Court concluded that Congress did not expressly convene the sessions as appropriate to discuss an organic law, although it obtained large majorities: 125 of 126 votes in the Chamber of Deputies. Deputies and 21 of 25 in the Senate.
This non-compliance vitiates the validity of the law, given that the organic norms require specific procedures according to the Constitution and legislative regulations.”
He explained that, regarding the organic nature of the legislation, “the ruling stated that Law no. 1-24 is linked to national defense.”
Formal appearance?
— Approach
Peralta said that the TC stressed that the annulment responds exclusively to a formal aspect, since the rules for calling for its treatment were not respected, which places emphasis on following legal procedures.
