The executive director of National Institute of Consumer Protection (Pro Consumer), Eddy Alcántara, stated this Friday that the ruling TC/0723/24 recently approved by the Constitutional Court (TC) ratifies and strengthens the sanctioning power of the institution that defends the rights of consumers.
In that sense, he said that the TC declared articles 17.j), 23, 31.j), 42, 112 and 117 of Law No. 358-05, General Protection of Consumer Rights, in accordance with the Constitution. User from November 9, 2005.
He also said that the sentence ordered the National Congress immediately focus on the modification of Law 358-05, so that the law is not subject to interpretation. sanctioning power that that court has recognized and retained through the recently announced decision.
“The powers conferred on the Executive Directorate of Pro Consumer and to Advice They were ratified through this decision,” said Alcántara, who he said is a practicing lawyer for more than 31 years and in constitutional matters.
The official thanked the TC judges in the interest of guaranteeing and clarifying that the protection of consumer rights“overrides any particular interest of those who seek, by misinterpreting the decision, to affect consumers and defraud them of their rights.”
- He invited those interested to read the 168 pages of the ruling TC/0723/24which concluded by stating the following: “rejects the direct actions of unconstitutionality regarding articles 17 y), 23, 31.j), 42, 112 and 117 of Law No. 358-05, General Protection of Consumer or User Rights and, consequently, declares said provisions in accordance with the Constitution, for not contravening articles 40.15, 40.17, 110 and 138 of the Constitution.”
“Because, on the contrary, in this ruling (TC/0723/24), in addition to retaining the power of Pro Consumidor, it strengthens it and requires that what has been established in the norm be clearly defined so that no citizen dares n in interpreting in a malicious way”Executive Director of Pro Consumidor
He also pointed out that the “whimsical interpretations” of interested sectors in crushing the powers of the institution that protects consumer rights due to particular interests, “they do not leave room for the doubt that the desire that prevails in them is to leave Dominicans unprotected from the rights conferred by regulation 358-05.”
Regarding the declaration of “not in accordance with the Constitution” of the paragraph of article 112 of Law 166-12, of the Dominican System for Quality (Sidocal), of the TC ruling, Alcántara explained that “it has nothing to do with Pro Consumidor ”.
“What has been repeated in the sentence, when it arises, is a procedure established in a law that has nothing to do with Pro Consumidor other than the accompaniment of the issue of Law 166, article 112, which does not contain the procedure that Law 358 (Pro Consumidor) has and has ordered the Congress of the Republic to undertake a reform so that the power that we already have is not in doubt, which it has ratified in repeated sentences and that many people have not known how to interpret,” according to Alcántara.
The TC declared “the expression of paragraph of article 112 of Law No. 166-12, which creates the Dominican System for Quality (SIDOCAL), not in accordance with the Constitution, which states: «[…] will be sanctioned by Pro Consumidor […]»and, consequently, PRONOUNCE the nullity of this part of the legal provision for being incompatible with the principle of reasonableness provided for in article 40.15 of the Constitution, by not providing for Law No. 358-05, in particular, its articles 17.j), 23, 31.j), 42, 113 and 117, power to administratively sanction the subjects of regulation of said law as of Law no. 166-12”.
The TC judges suggested to legislators how that paragraph should be worded for “a constitutionally adequate interpretation of article 112 of Law 166-12 of the Sidocal.
Will continue working to ensure consumer rights
Eddy Alcántara asserted that the current management of Pro Consumer will continue working to guarantee and protect the rights of all Dominicans in the same way as it has been doing since March 22, 2021, when it assumed responsibility for enforcing the law in favor of all consumers in the country.
In the TC rulingapproved on November 15, the third paragraph establishes the following: “EXHORT to the National Congress to legislate in the sense of producing a comprehensive reform of the administrative responsibilities and sanctions provided for in Law No. 358-05, General Protection of Consumer or User Rights, especially so that it contains clear, express and unequivocal authorization”, that currently has the consumer protection entity and is retained by the current ruling of the high court.
Company that acted against Pro Consumidor
The direct actions of unconstitutionality contrary to articles 17.j), 23, 31.j), 42, 112 and 117 of Law no. 358-05, General Protection of Consumer or User Rights were submitted by the National Association of Distributors Liquefied Gas de Petróleo, Inc. (Asonadigas) and the commercial company Industrial Propane ButaneS.A.
