El Court Constitutional of the Republic The Dominican Republic has set a defining precedent regarding the scope of the derechos labor within the administration public and the status of political offices. Through a recent failure, the high court rejected final the claims of six former councilors of Town Hall from Santo Domingo East (SDE), who were looking for the payment of employment benefits after haber concluded the period constitutional for which they were elected by the citizens.
La action The judicial proceedings against the former municipal officials aimed to obtain a compensation economic equivalent to a wage For each year and we will announce worked on the institutionTo substantiate their claim, the plaintiffs challenged the article 2 of the Act No. 41-08 of Public Service, alleging that the exclusion of the positions of election popularity of the benefits of said regulation violated the principle de footing constitutional and generated a discrimination unjustified compared to other public servants who do enjoy such benefits derechos economic benefits upon ceasing their functions.
Shipping Costs embargo, Court The Constitutional Court dismissed these arguments based on a clear conceptual distinction regarding the nature of link factual and legal. The organ The constitutional review board determined that officials elected through the suffrage universal and ordinary public employees covered by the Act Civil servants are not in equivalent legal situations. Therefore, applying a treatment differentiated in the legislation does not constitute a violation of right to footingbut a reflection of their dissimilar regulatory regimes.
La jurisprudence emanada highlights that the condition a governor obeys a mandate de representation political and citizenship obtained through the vote popular. The exercise of these regulatory and oversight powers in the map municipal is substantially different from relationship de subordination administrative and institutional typical of career civil servants or staff spirit appointment of state entities, who are subject to performance evaluations, bureaucratic hierarchies and stability technique.
Likewise, the high court He clarified a key aspect of the separation: the departure of a official electo It is not comparable to a dismissal o dismissal labor traditional. The cessation of their functions occurs due to the expiration natural of the period de tiempo established in the Paper Magna, strictly adhering to the democratic mechanisms of alternation and renewal political of the organs of the Status. Being a term predetermined by the ordering superior, there is no one damage derived from a break up unilateral that he should be compensated.
From our perspective as an office legalThis sentences brings a cuota important of legal certainty to the administration municipal and defines the economic boundaries of local budgets. failure of the Court Constitutional Court reaffirms that the charges of election popular expressions inherently have a transient nature linked to exercise democratic, thus blocking attempts to equate political mandates with labor relations of a democratic nature común and shielding the fondos publics facing claims that distort the spirit of the representative function.
