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Tuesday, January 4, 2011

Dominican Republic’s ruling party to control the judiciary

The National Magistrate Council  (CNM), which should choose the judges of the Constitutional and Electoral courts before January 26, as well as to recompose the Supreme Court, are formed almost entirely by people linked to the ruling PLD party.

Except for the member of the party different from the president of the Chamber of Deputies, the president of the Supreme Court and a member chosen by that court, all other CNM members, who’ll have the privilege of choosing the members of the entities created in the new Constituion, are affiliated with the PLD.

Article 179 of the Constitution stipulates that the CNM must also evaluate the performance of the Supreme Court justices.

In this occasion it must also choose the substitutes of a large number of part of the justices older than 75, the obligatory retirement age.

Three fourths of the Supreme Court’s justices must be from the judicial career system, whereas lawyers, academics or members of the Justice Ministry should fill the remaining quarter.

It will also name the Supreme Court president.

Although the current justices are lifetime appointments, those selected via the new Constitution will be for seven years, after which an evaluation by the CNM would confirm or replace them.

The CNM can also replace a Supreme Court justice who is permanently unable to carry out his post, and is responsible for choosing the head of the Constitutional and Electoral courts.

Source: Dominican Today

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