Reactions for and against the Regulations; an appeal will be filed in TC alleging unconstitutionality
SD. While the government says that Decree 250-14 on the Regulations for the application of Law 169-14 on the Special Regime and Naturalization follows the Constitution, the specialist in Constitutional Law, Juan Miguel Castillo Pantaleon and other colleagues, are hurrying to present in the coming days to the Constitutional Tribunal a lawsuit to declare the decree unconstitutional.
“They will have to explain to the country how the President, by decree, can invade the area of competence of the Central Electoral Board (JCE) which is who has competence to handle the civil registry,” said Castillo Pantaleon.
President Danilo Medina signed on Wednesday the decree that was submitted to consultations and ended up with several modifications and which has generated debates both in favor and against. The legislation serves as the regulations for Law 169-14 that establishes criteria for the nationality that affects, in the majority, descendants of Haitian immigrants.
The minister of Interior and Police, Jose Ramon Fadul, assured reporters that the Regulations do not clash with the work of agencies such as the JCE, due to the fact that first, there is an initial process and then later on complete documentation is sent to the electoral agency.
“This is an issue that should not be politicized and we are dealing with a reality which the country has, that it has to take on with responsibility, since if it is not like that, the damage will not be done to the administration but to the country itself,” said Fadul.
For his part, the Judicial Consultant of the Executive Branch, Cesar Pina Toribio, said that the regulations for the application of Law 169-14, do not contravene the Constitution. He stressed that the regulations were carefully weighed by President Danilo Medina, but that also he listened to different sectors. He said that in the administration there exists a unified criterion regarding the application of the Law and the Regulations, as part of the humanitarian solution to the problem of undocumented and illegal foreigners living in the country.
He referred to the fact that the Law establishes a special regime for persons born in the national territory and that are not registered in the Dominican Civil Registry, which, the same as the Regulations for the application of the law, does not constitute a present of the Dominican nation.
Legislators have their say
Deputies and senators weighed the regulations ordered by the Executive Branch to put into action Law 169-14 in a positive manner.
The PRD deputy Alberto Atallah said that he felt that perhaps there exist some aspects that could be improved. Nevertheless, he stressed that the regulations were broadly discussed and agreed upon.
He said he understands that its enactment will resolve a problem that dates back many years and that in some way had affected the bi-lateral relations.”…so that once and for all we can resolve this problem that not only affects the purely human element of the status of a citizen, but it also ends up affecting to a point, regrettably, the bi-lateral relations,” he said.
Deputy Cristian Paredes of the Alternative Democratic Movement (MODA), said that it is not the ideal set of regulations, but the possible set.
He questioned the international pressure that the government received as a result of sentence 168-13.
Mario Serrano from the Bono Center
“What is important is that this Regulation can be applied completely, efficiently and quickly, that it can benefit the greatest amount of persons that are undocumented.”
Tommy Galan, Senator for San Cristobal
“The regulations are within the spirit of the Law. They have wanted to carry out an exercise starting from the disqualification or the establishment of what originally could not be done in relation to th Law.”
Government explains extent of the regulations
In order to facilitate the understanding of the extent of the Regulations of the Law 169-14, the authorities stressed its principle aspects. They used questions and answers to explain:
-Does it apply to the persons who are children of foreign parents that already have some type of documentation of Dominican identity?
No. What relates to these persons (the case of Juliana Deguis) is found covered in Chapter I (Special Regime) of Law 169-14. This is a text that is self applied that does not need the additional regulations.
-Do the Regulations respect the Sentence 168-13 of the Constitutional Tribunal?
These regulations respect the normative hierarchy. They respect the Constitution, Sentence 168-13 and the Law 169-14 by covering only the details that make it possibl to register and normalize foreigners born in the national territory.
-Why is there an Operations Unit within the Ministry of Interior and Police?
One of the essential purposes of a regulation for the execution of a law is to establish the mechanisms and structures necessary for its application. In this case, Law 169-14 has established that with regard to the registration, normalization and naturalization that are under consideration, it is up to th Ministry of Interior and Police to carry out.
Category: DR News |