President has 17 more days with exceptional powers and 12 to request to extend it

President Danilo Medina will have 17 more days to, through his High-Level Commission, make emergency purchases and take any exceptional measures he deems pertinent to apply social, economic and health measures to mitigate the effect of the coronavirus.

This Saturday in an extraordinary session and in a single reading, the Senate of the Republic approved with 22 favorable votes from the same number of people present, the resolution sent by the Chamber of Deputies, in which an additional 17 days were approved for the state of national emergency of the 25 more days that the Executive Power requested.

Although several official senators did not agree that it was only for 17 days plus the extension to the state of emergency, they were forced to approve the result in the lower house, since there was a risk that the Government would incur illegally applied measures exceptional beyond April 13, the date on which the initially approved state of emergency ends, or of not having a quorum for a next session.

“To those who criticized the position of the President of the Republic to request the extension with a super prudent time, today we want to tell you that the cautious man is worth two … you imagine that the President strictly adheres to the 5-day deadline, but apparently that was what they wanted, for the President to become illegal, “said Aristides Victoria Yeb, today acting president of the Senate when reading the approval of the deputies.

It is expected that this Monday, the Senate will send the Executive Power the approval of the request and that this body, in turn, promulgates it.

Starting on Monday, the President will then have until April 24 to decide if he needs a new term or not, since it expires on the 29th and it is established that if a new extension is warranted, it must be done 5 days before the National Congress.

With this extension, the Executive Branch will have had 42 days in a state of emergency, the first having been approved on March 19.

Taking into account the first 25 days approved, the initial term expires this Sunday 12.

A national state of emergency grants special and temporary powers to the President of the Republic to handle a crisis that threatens the country and demands an immediate response.

In its article 3 of Resolution number 62-20, it establishes that the Executive Power will render periodic reports to the Bicameral Commission of the National Congress, which will be integrated to follow up on the actions taken during the emergency period to combat the coronavirus (COVID- 19), avoid massive contagion and meet the needs of the most vulnerable population.

If five days before the expiration of this term the causes that gave rise to this declaration of emergency have not ceased, the Executive Power may request the corresponding extension from the National Congress, in accordance with the provisions of article 28 of Law 21-18.

The measure is established in article 265 of the Constitution of the Republic, which explains that: “The State of Emergency may declare itself when events other than those provided for in articles 263 and 264 (of the Constitution) occur that disturb or threaten to disturb seriously and imminently the economic, social, environmental order of the country, or that constitute public calamity.”

The Constitution

Art. 262.

States of exception are considered those extraordinary situations that seriously affect the security of the Nation, of the institutions and of the people in front of which the ordinary powers are insufficient. The President of the Republic, with the authorization of the National Congress, may declare states of exception in their three modalities: State of Defense, State of Internal Shock and State of Emergency.

Art. 263.

Defense State. In the event that national sovereignty or territorial integrity is in grave and imminent danger due to external armed aggressions, the Executive Power, without prejudice to the powers inherent to its office, may request the National Congress to declare the State of Defense. In this state, the following cannot be suspended: 1) The right to life, according to the provisions of article 37; 2) The right to personal integrity, according to the provisions of article 42; 3) Freedom of conscience and religion, according to the provisions of article 45; 4) Protection of the family, according to the provisions of article 55; 5) The right to a name, according to the provisions of article 55, numeral 7; 6) The rights of the child, according to the provisions of article 56; 7) The right to nationality, according to the provisions of article 18; 8) The rights of citizenship, according to the provisions of article 22; 9) The prohibition of slavery and servitude, according to the provisions of article 41; 10) The principle of legality and non-retroactivity, as established in article 40, numerals 13) and 15); 11) The right to recognition of legal personality, according to the provisions of articles 43 and 55, number 7); 12) The judicial, procedural and institutional guarantees essential for the protection of these rights, according to the provisions of articles 69, 71 and 72. numerals 13) and 15); 11) The right to recognition of legal personality, according to the provisions of articles 43 and 55, number 7); 12) The judicial, procedural and institutional guarantees essential for the protection of these rights, according to the provisions of articles 69, 71 and 72. numerals 13) and 15); 11) The right to recognition of legal personality, according to the provisions of articles 43 and 55, number 7); 12) The judicial, procedural and institutional guarantees essential for the protection of these rights, according to the provisions of articles 69, 71 and 72.

Art. 264

State of Internal Shock. The State of Internal Commotion may declare itself in all or part of the national territory, in the event of a serious disturbance of public order that imminently threatens institutional stability, State security or citizen coexistence, and that cannot be contested through the use of the ordinary powers of the authorities.

Art. 265.

State of emergency. The State of Emergency may declare itself when events other than those provided for in articles 263 and 264 occur that disturb or threaten to seriously and imminently disturb the economic, social or environmental order of the country, or that constitute public calamity.”