Consequences of the Suspension of Judicial and Administrative Proceedings Following the Declaration of a State of Emergency Due to the COVID-19 Pandemic in the Dominican Republic
I. What is the COVID-19 pandemic?
COVID-19 is an infectious disease caused by a new virus known as the coronavirus.
Coronaviruses belong to a specific family of viruses that cause illnesses such as the common cold, severe acute respiratory syndrome, and Middle East respiratory syndrome. In 2019, a new coronavirus was identified as the cause of an outbreak of infection that originated in China.
This deadly virus, known as SARS-CoV-2 or COVID-19, has already spread to almost every country in the world and has infected more than half a million people since it was identified in China in December 2019.
The use of antibacterial soaps and products with a high alcohol content has become one of the main measures to curb the spread of the disease, as these products destroy the spikes that allow the virus to invade cells and infect them. Along with the foregoing, the main measure used to combat the new virus is social isolation.
In response to this health crisis, the World Health Organization (WHO), on March 12, 2020, declared COVID-19 a pandemic, meaning the worldwide spread of a new disease affecting individuals across different geographical regions.
II. Measures Adopted by the Dominican State in Response to the New Pandemic: State of Exception and Declaration of Emergency
The declaration of a state of exception grants the President of the Republic special and temporary powers to address an imminent danger or the occurrence of a disaster whose impact causes serious effects on the nation and exceeds its capacity to respond. A state of exception is declared by the President of the Republic with authorization from the National Congress.
The Dominican Constitution, in Articles 262 through 266, supplemented by Organic Law No. 21-18 on states of exception, establishes that such states may be of three types: state of defense, state of internal disturbance, and state of emergency. These arise in extraordinary situations that seriously affect the security of the Nation, its institutions, and individuals, and in which ordinary powers are insufficient.
In response to the COVID-19 infectious disease, the Executive Branch requested authorization from the National Congress, through Official Communication No. 006119 dated March 18, 2020, to declare a state of emergency throughout the national territory pursuant to Article 265 of the Constitution and Article 10 of Law No. 21-18.
By resolution dated March 18, 2020, the National Congress approved the Executive Branch’s request, authorizing the President of the Republic to declare a state of emergency and adopt a series of measures for a period of 25 days, which could be extended with prior authorization from the National Congress if necessary.
Among the possible restrictions on freedoms and fundamental rights permitted under the declaration of a state of emergency, the President of the Republic, through Decree No. 134-20 dated March 19, 2020, ordered the restriction, for the period strictly necessary, of the freedoms of movement, association, and assembly, in accordance with paragraphs h and j of Section 6 of Article 266 of the Constitution and Sections 8 and 10 of Article 11 of Law No. 21-18.
As a consequence, a series of measures have been and will continue to be adopted to guarantee hospital care and the provision of medicines to persons affected by the virus and to support the different sectors of the national economy during the emergency period, in order to safeguard employment and workers’ income. A concise summary of most of these measures is contained in Bulletin No. 1-2020 dated March 27, 2020.
III. Measures Adopted by the Judiciary and the Public Administration Concerning Judicial and Administrative Proceedings
Most judicial and administrative proceedings in the country involve compliance with procedural, registry, and administrative deadlines. They also involve follow-up actions, searches, and field investigations at the facilities housing the various courts and their clerks’ offices, as well as the different entities that make up the Public Administration, which materially requires individuals to travel to courts and procedural addresses.
Consequently, the continuation of these proceedings became difficult in light of the legal effects of the provisions issued by the Executive Branch restricting the right of movement throughout the national territory in order to mitigate the spread of COVID-19, whose principal source of transmission is precisely close person-to-person contact through coughing, speaking, or sneezing, as well as contact with surfaces previously contaminated by the virus.
Accordingly, measures have been adopted to reduce the number of people seeking non-essential public services under the current circumstances and to minimize the presence of public servants and users at public institutions and courts.
III.1. Measures Concerning Judicial Proceedings
The Council of the Judiciary, which is the constitutional body responsible for the administration and discipline of the Judiciary, adopted, through Minutes No. 002-2020 dated March 19, 2020, measures affecting judicial activity. These measures are as follows:
- Suspension of the administrative and judicial activities of the Judiciary.
- Suspension of procedural, registry, and administrative deadlines for all bodies under the Dominican Judiciary. These deadlines shall resume three business days after the state of emergency has ended.
- Action by judges with respect to criminal procedural deadlines initiated before the ordinary jurisdiction and in matters relating to children and adolescents, in compliance with the provisions of the Criminal Procedure Code and the Code for the Protection of Children and Adolescents.
- Exclusive operation of the Judicial Offices of Permanent Attention Services of the Criminal Jurisdiction throughout the national territory, in order to perform their ordinary duties and handle emergency cases involving the protection of fundamental rights enforceable through habeas corpus and constitutional protection actions. These offices shall remain under the supervision and direction of the coordinating judges of the judicial departments.
- Provision of services by the Permanent Attention Offices with the minimum personnel required and under the strictest preventive measures.
- Suspension of judicial and extrajudicial procedural actions carried out by bailiffs until the date established in the first paragraph of this resolution.
The measures adopted by the Judiciary of the Dominican Republic have the following effects:
- Procedural, registry, and administrative deadlines for all courts and bodies of the Judiciary are suspended as of the day on which the measure was adopted and shall resume once the causes for suspension have ceased. The deadline does not restart from zero.
- There shall be no expiration or statute of limitations affecting procedural deadlines, as these are currently suspended pending the lifting of the measures.
- No procedural acts may be carried out for the purpose of serving notice, summoning, citing, granting deadlines, or expressing any form of intent by a party.
- The three-business-day period for the resumption of activities after the state of emergency has ended means that weekends and public holidays shall not be counted.
- As a consequence of the suspension of judicial and administrative activities and deadlines, attorneys and other agents and participants involved in litigation shall bear no liability during the period in which the measure remains in effect for failure to perform any procedural action. This exemption from liability arises because the reasons preventing them from carrying out their duties result from a decision issued by the competent regulatory authority.
III.2. Measures Concerning Administrative Proceedings
The Ministry of Public Administration (MAP), the governing body for public employment and the different systems and regimes established under Public Service Law No. 41-08, as well as for the institutional strengthening of the Public Administration and institutional management evaluation processes, issued Resolutions Nos. 58, 59, and 60 of 2020, dated March 20, 22, and 23, respectively, regulating the operation of Public Administration entities and bodies during the state of emergency.
In order to contribute to preventing infections and mitigating the effects of the COVID-19 pandemic, the MAP decided that, for as long as the state of emergency remains in effect, the following measures shall apply:
- Order the complete suspension of activities involving the public, while maintaining the minimum staff necessary for basic administrative, financial, and security functions required to safeguard the integrity of the facilities, at the following entities:
- National Aquarium
- General Administration of Mirador del Norte Park
- General Archive of the Nation
- Savings Bank for Workers and Pawnshop
- Training Center for Public Investment Planning
- Fiscal Policy and Management Training Center
- Center for Industrial Development and Competitiveness
- Provincial Center for the Administration of Mining Funds of Sánchez Ramírez
- National Commission for the Defense of Competition
- Regulatory Commission on Unfair Trade Practices and Safeguard Measures
- Dominican Council for Fisheries and Aquaculture
- Dominican Council for Quality
- National Competitiveness Council
- National Council on Disability
- National Council for Dominican Communities Abroad
- Corporation for the Promotion of the Hotel and Tourism Industry
- Dominican Corporation of State-Owned Enterprises
- Executive Directorate of the Committee for the Implementation of Tourism Zone Infrastructure
- General Directorate of National Assets
- Directorate for the Promotion and Development of National Handicrafts
- General Directorate of the National Cadastre
- General Directorate of Cinema
- General Directorate of Bilateral Cooperation
- General Directorate of Multilateral Cooperation
- General Directorate for the Beautification of Highways and Avenues
- General Directorate of Mining
- National Fund for the Environment and Natural Resources
- National Needle Institute
- Dominican Sugar Institute
- Institute of Higher Education in Diplomatic and Consular Training
- Caribbean Tourism Training Institute
- Dominican Institute for Educational Quality Assessment and Research
- Dominican Institute for Agricultural and Forestry Research
- Dominican Coffee Institute
- Dominican Institute for Quality
- Duartiano Institute
- National Geographic Institute
- National Institute of Public Administration
- National Institute of Teachers’ Welfare
- Institute of Physical Education
- National Institute for Teacher Training and Development
- National Housing Institute (INVI)
- National Tobacco Institute
- Salomé Ureña Higher Institute for Teacher Training
- Higher Community Technical Institute
- Technological Institute of the Americas
- National Botanical Garden
- Dominican Municipal League
- National Lottery
- Ministry of Culture and its agencies
- Ministry of Sports and Recreation
- National Museum of Natural History
- National Office for Seismic Assessment and Infrastructure and Building Vulnerability
- National Office of Industrial Property
- Dominican Accreditation Body
- Prof. Eugenio de Jesús Marcano Ecological Botanical Park
- National Geological Service
- Autonomous University of Santo Domingo
- Technological University of Eastern Cibao
- Ministry of Higher Education, Science and Technology (MESCYT)
- Ministry of Energy and Mines
- Ministry of Youth
- Ministry of Environment
- Ministry of Tourism
- National Export Bank
- State Sugar Council (CEA)
- National Council for the Promotion and Support of Micro, Small, and Medium-Sized Enterprises (PROMIPYME)
- National Drug Council (CND)
- Passport Directorate
- General Directorate of Employment
- General Directorate of Retirement and Pensions
- National Copyright Office (ONDA)
- National Zoological Park
- Order the following entities to operate with the minimum staff necessary, with the option to respond to inquiries remotely and use teleworking arrangements, while maintaining the minimum personnel necessary for basic administrative, financial, and security operations to safeguard the integrity of their facilities:
- Agricultural Bank of the Dominican Republic
- National Export Bank
- Dominican Republic Export and Investment Center
- National Energy Commission
- National Council for Agricultural and Forestry Research
- National Council of International Financial Zones
- National Council for Children and Adolescents
- Office of the Comptroller General of the Republic
- Dominican Corporation of State-Owned Electric Companies
- State Radio and Television Corporation
- General Directorate of Customs
- General Directorate of Public Credit
- General Directorate of Territorial, Economic, and Social Development
- General Directorate of Basic Education
- General Directorate of Early Childhood Education
- General Directorate of Secondary Education
- General Directorate of Education for Youth and Adults
- General Directorate of Industrial Hygiene and Safety
- General Directorate of Internal Revenue
- General Directorate of Public Investment
- General Directorate of Territorial Planning and Development
- General Directorate of Passports
- General Directorate of Pensions
- General Directorate of Agricultural Risk
- General Directorate for the Supervision and Inspection of Public Works
- Pension and Retirement Fund for Construction Workers
- Pension and Retirement Fund for Port Workers
- Fund for the Promotion of Reformed Companies
- Fund for the Promotion of Community Initiatives
- Institute for Innovation in Biotechnology and Industry
- Dominican Institute of Corporate Savings and Credit
- Dominican Institute of Civil Aviation
- Dominican Institute of Telecommunications
- National Institute for Comprehensive Early Childhood Care
- National Institute of Assistance and Housing
- National Transplant Coordination Institute
- National Institute for Price Stabilization
- National Institute for Technical and Vocational Training
- Ministry of the Presidency
- Administrative Ministry of the Presidency
- Ministry of Public Administration
- Ministry of Agriculture
- Ministry of Economy, Planning and Development (MEPYD)
- Ministry of Education
- Ministry of Finance
- Ministry of Industry, Commerce and MSMEs
- Ministry of Women
- Ministry of Public Works and Communications
- Ministry of Foreign Affairs (MIREX)
- Ministry of Labor
- Dominican Port Authority
- National Council of Export Free Zones
- Water Supply and Sewerage Corporation
- General Directorate of Government Ethics and Integrity
- General Directorate of Migration
- Dominican Hydroelectric Power Generation Company
- Dominican Electricity Transmission Company
- Electricity Distribution Companies
- Cooperative Development and Credit Institute (IDECOOP)
- Dominican Institute for the Prevention and Protection of Occupational Risks (IDOPPRIL)
- National Institute of Drinking Water (INAPA)
- National Institute for the Protection of Consumer Rights (PROCONSUMIDOR)
- National Institute of Land Transportation and Transit
- National Institute of Student Welfare (INABIE)
- Dominican Postal Institute
- Dominican Agricultural Supply Market
- Office of State Works Supervising Engineers (OISOE)
- National Meteorological Office
- National Statistics Office (ONE)
- Dominican Petroleum Refinery (REFIDOMSA)
- Superintendency of Banks
- Superintendency of Insurance
- Superintendency of Securities
- Superintendency of Electricity
- Maintain the operation of the entities responsible for healthcare services, public security, civil protection, social services and programs, electricity and drinking water services, and national defense.
- Prohibit, for the duration of the state of emergency, the initiation of disciplinary proceedings and dismissal of public servants belonging to the administrative career, simplified statute, and temporary employment categories, while allowing the MAP to initiate disciplinary proceedings against those who fail to comply with its measures. Likewise, the deadlines applicable to proceedings already initiated or yet to be initiated before Public Administration bodies and entities for the application of the legal regime governing public servants are suspended, including requests, petitions, actions, disciplinary proceedings, personnel commissions, administrative appeals, and other matters.
- It is recommended that senior officials of public bodies and entities refrain from dismissing public servants in positions of trust, unless such employees violate measures related to the state of emergency.
Likewise, the Executive Branch issued Decree No. 137-20 dated March 23, 2020, by which the following measures were adopted:
It was clarified that the suspension of the established deadlines and time limits does not exempt citizens from complying with their formal duties and tax and social security obligations, notwithstanding the fact that the General Directorate of Internal Revenue, the General Directorate of Customs, and the Social Security Treasury may adopt the specific measures necessary to facilitate compliance by companies, employers, and workers with their obligations. Accordingly, as of that date, these entities had issued provisions that, in some cases, suspended and, in others, extended deadlines for compliance with obligations or permitted temporary non-compliance without significant consequences.
The calculation of deadlines and time limits applicable to administrative proceedings conducted before bodies forming part of the centralized and decentralized Public Administration, as well as before autonomous and decentralized State agencies, was suspended for the duration of the state of emergency. Likewise, the calculation of deadlines and time limits for filing administrative appeals, limitation periods, expiration periods, and any other deadlines granted by such bodies in connection with ongoing administrative proceedings was suspended.
Constitutionally autonomous bodies, public-law corporations such as professional associations, private entities performing administrative functions such as chambers of commerce and production, and public-law legal entities forming part of local government, including municipalities and municipal districts, were encouraged to implement the measures established under this decree.