Carlos Felipe B.Managing partner and founder
The Dominican Republic Bar Association (CARD) filed a jurisdictional dispute action with the Constitutional Court (TC) against the Dominican Republic Chamber of Accounts (CCRD), seeking a determination from the highest court as to which body has the authority to audit the association.
The Constitutional Action in Conflict of Competence was filed by CARD through a petition submitted on November 11, 2021 to the Constitutional Court and notified to the Chamber of Accounts, in light of the conflict arising between both institutions.
In this action, the Bar Association argues that the CARD's Comptroller, in his capacity as external auditor , is the one who has the power to audit the resources of the association, together with the private auditing firms contracted annually, according to article 83 of Law 3-19 of the Bar Association.
“We have stated on several occasions that the Dominican Republic Bar Association does not receive funds from the National Budget , nor does it manage public resources, and that its income comes from fees for its services, as stated in Ruling TC/0288/20, dated December 21, 2020, and a certification issued by the General Directorate of Budget; despite all this, the Dominican Republic Bar Association insists on acting contrary to the Law and the Constitution, so we decided to resolve the issue in the Constitutional Court,” said Surun Hernández, president of the Dominican Republic Bar Association.
The union leader highlighted that Article 185-3 of the Constitution of the Republic empowers the Constitutional Court to hear direct actions against the Chamber of Accounts of the Dominican Republic, and Article 59 of the Organic Law of the Constitutional Court 137-11 authorizes it to hear conflicts of competence of a constitutional nature between the powers of the State, as well as those that arise between any of these powers and between constitutional bodies, decentralized and autonomous entities, municipalities or other persons.
“We have opted for the best way to resolve the jurisdictional dispute with the Chamber of Accounts, which is enshrined in our Constitution, establishing the Constitutional Court as the highest authority on constitutional matters. We trust that constitutional channels will provide the best solution to this unnecessary conflict, as it has been the National Board of Directors of CARD that has most insistently demanded reviews, audits, and inspections of the association's private resources, but in accordance with the laws and the Constitution,” CARD stated.
Judgment of the Constitutional Court
The Constitutional Court, in ruling TC-0163-13, stated that the Dominican Bar Association (CARD) is a private entity, reiterating its position regarding the private nature of its resources. In ruling TC-288-20 of December 21, 2020, the Court indicated that the association's resources come from fees charged for organizing and overseeing the practice of law, the association stated.
Source : Constitutional Court
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