Supreme Court judges break quorum to hear case of TC
But Subero decides to fill out court with four judges from Appeals Courts
Diario Libre
SANTO DOMINGO. With the inhibition of four judges, the quorum required of the Supreme Court of Justice in order to hear the appeals of unconstitutionality in reference to Numeral 5 of Article 13 of the Organic Law of the Constitutional Tribunal and of Constitutional Procedures is broken. This Numeral established an age limit of 75 for judges appointed to this court.
The magistrates of the high court that revealed their decision to abstain from taking part in the deliberation and hearing of the challenge to the Numeral 5 are the Deputy Chief Justice, Rafael Luciano Pichardo, Hugo Alvarez Valencia, Dario Fernandez Espinal, and Juan Luperon Vasquez.
On the other hand, magistrates Pedro Romero Confesor and Jose Hernandez Machado, who both are over 75, decided not to inhibit themselves from the case.
Immediately, the Chief Justice of the SJC and the chairman of the Council of the Judicial Power, Jorge Subero Isa, announced that he would issue a decree in which he would call upon judges from the Appeals Courts to complete the quorum, which needs to seat at least 13 judges.
With the abstention of the four magistrates the number of Supreme Court judges is only nine.
Yesterday Subero reported that the appeals of unconstitutionality will be heard on 9 November at 9:00 a.m.
The Attorney General of the Republic, Radhames Jimenez Peña, suggested in October that the SJC abstain from hearing the direct actions.
He also suggested that the SJC allow this appeal to go to the Constitutional Tribunal, which is in the process of appointment of the judges by the National Council of Magistrates.
One of the procedures of revocation was filed by the Foundation of Parents of Children in Private and Public Schools (Fenapadres). They feel that the regulation creates an "unfair and irritating" privilege against those who are in full exercise of their civil and political rights and is an open and express discrimination.
The Finjus petition
The Institutionalism and Justice Foundation (Finjus) called upon the SJC to desist from hearing the case of unconstitutionality filed against the Organic Law of the Constitutional Tribunal. They suggest that at the present time the CNM is in the middle of the selection process of the judges of the high courts and a decision on the issue under consideration could affect the course of action and delay even more the process.
The magistrates of the high court that revealed their decision to abstain from taking part in the deliberation and hearing of the challenge to the Numeral 5 are the Deputy Chief Justice, Rafael Luciano Pichardo, Hugo Alvarez Valencia, Dario Fernandez Espinal, and Juan Luperon Vasquez.
On the other hand, magistrates Pedro Romero Confesor and Jose Hernandez Machado, who both are over 75, decided not to inhibit themselves from the case.
Immediately, the Chief Justice of the SJC and the chairman of the Council of the Judicial Power, Jorge Subero Isa, announced that he would issue a decree in which he would call upon judges from the Appeals Courts to complete the quorum, which needs to seat at least 13 judges.
With the abstention of the four magistrates the number of Supreme Court judges is only nine.
Yesterday Subero reported that the appeals of unconstitutionality will be heard on 9 November at 9:00 a.m.
The Attorney General of the Republic, Radhames Jimenez Peña, suggested in October that the SJC abstain from hearing the direct actions.
He also suggested that the SJC allow this appeal to go to the Constitutional Tribunal, which is in the process of appointment of the judges by the National Council of Magistrates.
One of the procedures of revocation was filed by the Foundation of Parents of Children in Private and Public Schools (Fenapadres). They feel that the regulation creates an "unfair and irritating" privilege against those who are in full exercise of their civil and political rights and is an open and express discrimination.
The Finjus petition
The Institutionalism and Justice Foundation (Finjus) called upon the SJC to desist from hearing the case of unconstitutionality filed against the Organic Law of the Constitutional Tribunal. They suggest that at the present time the CNM is in the middle of the selection process of the judges of the high courts and a decision on the issue under consideration could affect the course of action and delay even more the process.
Diario Libre
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