Santo Domingo.- The Bar Association of the Dominican Republic (CARD) deposited in the Chamber of Deputies formal opposition to the Trusts Law project, considering that the piece intends to legalize the delivery and irregular dispossession of public assets in favor of businessmen.
The president of the CARD, Miguel Surun Hernández, stated that the initiative seeks to promote the creation of a parallel State, with a parallel budget, managed in secrecy, whose operations would be managed with total discretion and impunity, as contemplated. in its article 13, which expressly excludes Law 340-06, on Public Procurement and Contracting, regarding the administrative operations of Public Trusts, which will be governed by the regulations that each trust will create, for whose violation there will only be a sanction administrative, not penal, opening the doors to impunity and corruption in the management of patrimony and public resources.
“This is a project harmful to the interests of the Nation, not only because it legitimizes the contracting of debts indiscriminately, without control or registration in the Public Debt Directorate, but also because it opens the doors to the generalized privatization of public assets, including Town Halls, Municipal Districts, Ministries, General Directorates and Public Corporations, which contravenes the Constitution of the Republic, especially in articles 140, 146, 233, 245, 246 and 248”, affirmed the trade unionist.
Surun Hernández indicated that the project runs the risk of the disappearance of the State and that all public entities are in favor of business oligarchs, who without receiving the mandate from the Dominicans, will have the administration of public affairs.
He reminded the deputies that as it is an organic law regulated by article 112 of the Constitution, two thirds of the deputies present are required for its approval, since said public trust project affects not only the economic and financial system, but also the budget, planning and public investment, for which reason he called on the opposition political parties represented in that chamber, without whose support the approval of said project is not possible, to defend public patrimony, transparency and the institutionality of the assets owned by the Dominican State.
He pointed out that currently there is no gap in this matter, since the so-called Public Trusts are regulated by Laws 340-06, on Purchases and Contracts of Goods; Law 200-04, on Public Information; Law 247-12, of Public Administration; Law 10-07, of Internal Control of the Public Sector, because it is a Public Patrimony and warned that with the legislative piece it is intended to eliminate that competition to annul any loophole of transparency in the operation.
He denounced that the Government, instead of resorting to Law 47-20 of Public-Private Partnership, illegally resorts to Public Trusts, since it allows total discretion when contracting, assigning, and managing assets and public funds.
The president of the CARD regretted that far from reinforcing the protection of public assets and making services more efficient, the current authorities have undertaken a policy of handing over all the assets of the State and all services, under the allegation of their own inefficiency to manage them honestly. and neatly.
The jurist added that this policy contravenes article 138 of the Constitution, which establishes that the Public Administration is subject in its actions to the principles of efficiency, hierarchy, objectivity, equality, transparency, economy, publicity and coordination, with full submission to the legal system. state law.
