Santo Domingo.-The annulment of Law 1-24 of the National Intelligence Directorate (DNI) and declaration of unconstitutionality of Law 10-15 of the Criminal Procedure Code of the Dominican Republic is a lesson to the National Congress that it has to be careful when knowing and endorsing the projects that are submitted to it, stated the Institutional Foundation and Justice (FINJUS).
He said that the first thing that Congress has to analyze is the form and substance of what they are going to approve to determine if it complies with the Constitution of the Republic.
Servio Tulio Castaños Guzmán, executive vice president of Finjus, maintained that they had warned that both the DNI law and the Criminal Procedure Code had defects in their approval.
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He affirmed that Congress every time a project is submitted to it has to see if it is in accordance with the Magna Carta.
He highlighted that the same thing happened in the past with other regulations that legislators have been forced to modify to correct distortions.
“The first thing Congress has to analyze is the constitutionality of what is submitted to it, it has to take care of the form, that is, the procedure, verify whether the regulations are ordinary or organic, because a different majority is required,” he indicated.
“We have seen how laws have been declared unconstitutional in terms of substance, but also in terms of form, that is, not only in terms of their content, but also in terms of the procedure that was used to approve it,” said the expert.
He added that “Congress has to understand that what they approve has to be adjusted to what is established by the Constitution of the Republic, that is, the first thing that Congress has to do every time a project is submitted to it is to analyze whether “It is in accordance with the principles and rights that the Constitution establishes.”
He regretted that the number of laws that are declared unconstitutional due to the inadequate handling given to them by legislators is beginning to draw attention.
He said that Law 1-24 of the National Intelligence Directorate deals with fundamental rights and in accordance with the Constitution, approval must be with the vote of two-thirds of those present, since it was an organic law, not an ordinary one. .
“On this occasion it was declared unconstitutional due to the way in which the law was approved, apart from the fact that all experts, or at least the majority, the jurists of this country, especially public rights experts, had warned that it was unconstitutional.” , he added.
«Congress has to take care of the form and substance that as Congress and as its power to approve the regulations, then Congress has to see all this as a lesson, I was a legal consultant to Congress and I remember that on that occasion I took great care of that “, held.
a note
Illegality
On Friday, through ruling TC /0767/24, Law 1-24 of the National Intelligence Directorate was annulled, considering it unconstitutional. Also with its ruling TC/0765-24 it declared Law 10-15 of the Criminal Procedure Code illegal.
