Constitution

Dominican Republic 2010 Constitution

Table of Contents

TITLE XV. GENERAL AND TRANSITORY PROVISIONS

CHAPTER I. GENERAL DISPOSITIONS

Article 273. Grammatical genres

The grammatical genres that are adopted in the edition of the text of this Constitution do not signify, in any way, a restriction to the principle of equality of the rights of the woman and the man.

Article 274. Constitutional period of elective functionaries

The elective exercise of the President and of the Vice-President of the Republic, as well as of the legislative and parliamentarians of international organs, will terminate uniformly on the day of August 16th of every four years, a date that marks the beginning of the corresponding constitutional period, with the exceptions set forth in this Constitution.

Paragraph I

The municipal authorities elected the third Sunday of February of every four years will take possession on April 24th of the same year.

Paragraph II

When an elective functionary ceases in the exercise of an office due to death, resignation, disqualification or other cause, the person who will substitute for him will remain in the exercise of the office until completing the period.

Article 275. Period of the functionaries of constitutional organs

The members of the constitutional organs, after the expiration of the period of the mandate for which they were appointed, will remain in their offices until the taking of possession of those who will substitute them.

Article 276. The oath of the appointed functionaries

The person appointed to exercise a public function must take an oath to respect the Constitution and the laws, and to loyally perform the duties of his office. This oath will be taken before the competent public functionary or official.

Article 277. Decisions with authority of an irrevocably judged matter

All of the judicial decisions that have acquired the authority of an irrevocably judged matter, especially those dictated in exercise of the direct control of the constitutionality by the Supreme Court of Justice, from the moment of the proclamation of this Constitution, cannot be examined by the Constitutional Tribunal and those subsequent will be subject to the procedure determined by the law that governs the matter.

CHAPTER II. OF THE TRANSITORY PROVISIONS

First

The Council of the Judicial Power shall be created within the six months subsequent to the entry into force of this Constitution.

Second

The Constitutional Tribunal, established in this Constitution, shall be integrated within the twelve months following the entry into force of it.

Third

The Supreme Court of Justice will maintain the functions attributed by this Constitution to the Constitutional Tribunal and to the Council of the Judicial Power until these instances have been integrated.

Fourth

The current judges of the Supreme Court of Justice, that do not remain in retirement for reason of having reached seventy-five years of age, will be submitted to a evaluation of performance by the National Council of the Magistrature, which will decide concerning their confirmation.

Fifth

The Superior Council of the Public Ministry will perform the functions established in this Constitution within six month following the entry into force of it.

Sixth

The existing Administrative and Tax Contentious Tribunal will proceed to become the Superior Administrative Tribunal created by this Constitution. The Supreme Court of Justice will provide for the administrative measures necessary for its adaptation, until the Council of the Judicial Power is integrated.

Seventh

The current members of the Central Electoral Board will remain in their functions until the conformation of the new organs created by this Constitution and the appointment of its incumbents.

Eighth

The provisions relative to the Central Electoral Board and the Superior Electoral Tribunal established in this Constitution will enter into force from the new integration that will be produced in the period that starts on August 16th of the year 2010. Exceptionally, the members of these electoral organs will exercise their mandate until August 16th of 2016.

Ninth

The procedure of appointment that is established in this Constitution for the members of the Chamber of Accounts will govern from August 16th of the year 2010. Exceptionally, the members of this organ will remain in their offices until 2016.

Tenth

The provisions contained in Article 272 relative to the approbatory referendum, by exception, are not applicable to this constitutional reform.

Eleventh

The laws made the objects of observations by the Executive Power, that have not been decided by the National Congress at the moment of the entry into force of this Constitution, shall be sanctioned in the two ordinary legislatures following the proclamation of this Constitution. After this time, these will be considered as not having been initiated.

Twelfth

All the authorities elected by means of direct vote in the congressional and municipal elections of the year 2010, exceptionally, will remain in their functions until August 16th of 2016.

Thirteenth

The deputies [masculine] and deputies [feminine] to be elected in representation of the Dominican communities abroad will be elected, exceptionally, on the third Sunday of May of the year 2012 for a period of four years.

Fourteenth

By exception, the electoral assemblies to elect the municipal authorities will be celebrated in the year 2010 and 2016 on the third Sunday of May.

Fifteenth

The contracts pending decision, deposited in the National Congress at the moment of the approval of the provisions contained in Article 128, numeral 2), literal d), of this Constitution, will exhaust the legislative procedures set forth in the Constitution of the year 2002.

Sixteenth

The law that will regulate the general organization and administration of the State will provide for what is relative to the ministries referred to by Article 134 of this Constitution. This law must enter into force on October 2011 at the latest, with the objective of the new provisions being incorporated into the General Budget of the State for the following year.

Seventeenth

What is set forth in this Constitution for the preparation and approval of the Law of the General Budget of the State will enter into full force from January the first of 2010, in such a form that for 2011 the country will have a budget according to what is established in this Constitution.

Eighteenth

The budgetary provisions for the implementation of the organs that are created in this Constitution must be contained in the budget for 2010, in a manner to assure their full entry into force in the year 2011.

Nineteenth

To guarantee the gradual renovation of the member registry of the Constitutional Tribunal, by exception to what is set forth in Article 187, its first thirteen members will be substituted in three groups, two of four and one of five, in the sixth, ninth and twelfth years of exercise of the functions, respectively, through a random procedure. The first four exiting judges, by exception, can be considered for a unique new period.

FINAL PROVISION

Final provision

This Constitution will enter into force starting from its proclamation by the National Assembly and its full and immediate publication is ordered.