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July 19, 2024
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Senate approves the bill on Administrative Litigation Jurisdiction in second reading

Senado aprueba en segunda lectura el proyecto ley de Jurisdicción Contencioso Administrativa

Santo Domingo.- The Senate of the Republic The Spanish Parliament approved the second reading of the bill on Administrative Litigation Jurisdiction, which aims to guarantee judicial protection of the rights of individuals in their relations with the Public Administration.

The initiative, presented by Senator Virgilio Cedano, establishes that in order to ensure this objective, the relationship with the legal system of the State must be ensured, of all conduct, act, performance and omission of the aforementioned entity, regulating the organization and operation of the competent judicial bodies in the scope and process of administrative litigation enshrined in the Constitution of the Republic.

The Contentious Administrative Jurisdiction is a capital initiative of the social and legal state, provided for in article 164 of the Constitution of the Republic, as a specialized jurisdiction of the Executive Branch, a provision that makes a legal reservation for the integration and procedure to be followed before the jurisdiction, which will be made up of courts of first instance and superior administrative courts, with the decisions of the latter being susceptible to being appealed in cassation before the Supreme Court of Justice.

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Deaths in San Cristobal explosion
The legislators approved in second reading with modifications, the project that provides a judicial procedure to declare deceased the people reported as missing who were on August 14, 2023, in the explosion that occurred in the old market of the municipality of San Cristóbal in that province. This initiative returns to the Chamber of Deputies for consideration.

Thirty-eight people were killed in the explosion, of whom 12 are still presumed missing, and who have not been officially declared dead due to the lack of legal provisions that allow this, which makes any legal process that their relatives may have to carry out difficult.

Sidocal
The senators continued the second reading of the bill that reorganizes the Dominican System for Quality (SIDOCAL), a piece by Senator Alexis Victoria, which they left on the table.

Retentive Seizure Law
The Senate Plenary approved in first reading the bill on Retentive Seizure in the Dominican Republic, introduced by Senator Faride Raful, and which aims to establish the retentive seizure, defined as the procedure by which a creditor affects sums and movable property of his debtor that are in the possession of a third party, at the time of the same.

Retentive seizure is one of the most commonly used enforcement methods by creditors when executing their credits, due to its speed and ease with respect to the adjudication of the debtors’ assets and personal effects. This figure is dissociated from the purpose for which it was originally established and becomes, in some cases, an abusive mechanism by the executors.

Resolutions
The senators approved the resolution that provides for the formation of the parliamentary friendship group between the Senate of the Dominican Republic and the National Legislative Assembly of the Socialist Republic of Vietnam, an initiative submitted by senators Santiago José Zorrilla; Eddy Nolasco; Melania Salvador de Jiménez; Alexis Victoria and Cristóbal Castillo.

President of the Senate, Ricardo de los Santos

The senators also approved a resolution requesting President Luis Rodolfo Abinader to order the relocation and equipping of the Villa Hermosa fire station, a legislative piece of Senator Iván Silva.

Another resolution approved is the one that requests the Minister of Education, Ángel Hernández, to arrange for the development of content on forestry education in the Dominican Republic’s Environmental Education and Communication programs, as proposed by Antonio Marte.

The Senate also approved the resolution requesting the director of the National Institute of Transit and Land Transport (Intrant), Rodolfo Rijo, to set up an office of that institution in the Espaillat province, an initiative presented by Senator Carlos Gómez Ureña.

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