The Constitutional Court declared inadmissible a direct action of unconstitutionality filed by the Dominican Liberation Party (PLD) against act number 017, issued by the Senate on November 18, 2017, which approved the knowledge in the session of that day of the report favorable to the election of the People’s Force Party as the second majority before the National Council of the Magistracy (CNM).
In the session that day, the Senate chose, with a vote of 23 senators, of the 27 present, the initiative presented by the Executive Power, which recommended that the People’s Force party hold the representation as the second majority in the CNM , which the purple party claimed.
The action of unconstitutionality against that Senate act was submitted by the PLD on April 19, 2021, considering that it violated the provisions of articles 4, 22, 40.15, 110 and 216 of the Magna Carta, concerning the separation of powers, the rights of citizenship, the principles of reasonableness and non-retroactivity of the law and the organization of political parties, respectively.
The FP was represented by the lawyer Namphi Rodríguez, while the PLD by the jurist Eduardo Jorge Pratts.
The instance of unconstitutionality was known in public hearing by the judges of the Constitutional Court on June 25, 2021, on which date it was in a state to be ruled.
The device of the decision of the TC was disclosed in the communication 19-22, published on June 21 on its website, without the motivations. The statement indicates that the sentence contains dissenting votes.