National Congress approves elimination of independent candidacies

Santo Domingo.– The Chamber of Deputies approved this Tuesday in second reading an organic bill that eliminates the figure of independent candidacies from the electoral regime, in a decision that has generated questions for contradicting a previous ruling of the Constitutional Court.

With this measure, the National Congress nullifies articles 156, 157, and 158 of Law 20-23, disregarding the ruling TC/0788/2024 issued in December 2024, in which the high court considered that independent candidacies should not be subject to political parties, but to social entities, as a way to guarantee the right to political participation.

The legislative piece, drafted by Senator Rogelio Genao, will be sent to the Executive Branch, where the President of the Republic will decide whether to enact it or observe it.

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The approval has sparked mixed reactions in the chamber. Congressman Eugenio Cedeño warned that the decision sets a worrying precedent by ignoring a ruling by the Constitutional Court.

"This raises a constitutional problem of high relevance, because it opens the door to ignoring a decision of the Constitutional Court simply when it is not liked," he expressed.

In the same vein, legislator Ramón Raposo considered that, instead of eliminating this figure, Congress should have strengthened it through more robust regulations that expanded democratic participation, even incorporating mechanisms such as a referendum.

Defense of the initiative

For their part, deputies Wandy Batista and Rogelio Genao defended the approval of the project, arguing that the Constitutional Court does not have the power to create laws, but to interpret them. "The Constitutional Court cannot usurp the functions of the legislator. The Constitution is clear on who has the power to make laws," Genao said.

Change of stance

The decision contrasts with positions previously held by legislative leaders. The Senate President, Ricardo de los Santos, had indicated in 2025 the need to regulate independent candidacies in compliance with the Constitutional Court ruling. Likewise, deputy Elías Wessin Chávez, who headed a commission to study a law on this figure, now supported its elimination, considering that its implementation would require a constitutional reform.

Divided Vote

The initiative had the majority support of the legislators present, including representatives from the main political parties, among them the Modern Revolutionary Party, the Dominican Liberation Party and Fuerza del Pueblo. Against voted the deputies Ramón Raposo, as well as Nelson Vega and Braily Vargas. The decision opens a new debate on the scope of the powers of the Legislative Branch in the face of the rulings of the Constitutional Court and its impact on the Dominican democratic system.