Constitutional Court strikes down decree restricting alcohol sales hours

Santo Domingo.- The Dominican Republic’s Constitutional Court has declared unconstitutional a 2006 presidential decree that imposed permanent restrictions on the hours for selling alcoholic beverages at colmados, bars, nightclubs, casinos, and other entertainment venues, ruling that such regulations must be established by law, not by executive decree.

The decision came after the court upheld a constitutional challenge filed by Víctor Eddy Mateo Vásquez, who argued that Decree 308-06, issued by then-President Leonel Fernández, violated constitutional principles by imposing indefinite limits through an administrative measure instead of legislation approved by the National Congress.

The court acknowledged that the decree sought to protect public order and public safety, but concluded that the measure became incompatible with the 2010 Constitution, which requires permanent restrictions affecting economic activity and fundamental rights to be enacted through legislation.

According to the ruling, while the president may issue decrees, those powers do not extend to imposing general, indefinite restrictions. The court also found that although the decree pursued a legitimate objective, it failed the constitutional test of proportionality because it remained in force for more than two decades without a defined time limit or sufficient justification.

The Constitutional Court clarified that the Executive Branch may still impose temporary restrictions on alcohol sales through decrees during specific circumstances, such as Holy Week, Christmas, national holidays, or public security operations. However, permanent regulations must be enacted by Congress.

During the proceedings, the Executive Branch’s Legal Counsel supported overturning the decree and urged lawmakers to pass comprehensive legislation governing the sale and consumption of alcoholic beverages. The Attorney General’s Office, however, argued that the measure was constitutional and should remain in effect.