Santo Domingo.- The president of the Constitutional Court (TC), Napoleón Estévez Lavandier, explained this Wednesday that the declaration of unconstitutionality of Decree 308-06, which regulates the hours for the sale of alcoholic beverages, is based on the fact that the provision established restrictions indefinitely, without setting a specific time or period.
The magistrate pointed out that a measure of that nature implies a limitation on fundamental rights, so, in accordance with the Constitution, it must be established through a law approved by the National Congress and not through a decree from the Executive Branch.
“The basis for that declaration of unconstitutionality is that the decree provides for a prohibition on the schedule in an atemporal manner, that is, without a defined time or a defined period, which, by limiting fundamental rights, must necessarily be the product of a decision by the National Congress,” he explained.
Estévez Lavandier clarified that the Constitutional Court’s decision does not prevent the Executive Branch from establishing hours for the sale of alcoholic beverages when circumstances warrant it, provided that such restrictions are temporary in nature.
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“That does not mean that the Executive Branch does not have the authority to temporarily set schedules (…). The only thing is that it has to be on a temporary basis,” he specified.
Likewise, he explained that the Constitutional Court decided to defer the effects of the ruling for two years to allow citizen security authorities and other competent institutions to make the necessary adjustments before the declaration of unconstitutionality comes into effect.
During that period, the National Congress will have the opportunity to pass legislation establishing the legal framework for the regulation of hours for the sale of alcoholic beverages, replacing the decree declared unconstitutional.
