“TSE declares amparo action against the Central Electoral Board inadmissible”
Santo Domingo, DR. – The Superior Electoral Court (TSE) declared an amparo action filed against the Central Electoral Board (JCE) inadmissible, considering that the request did not meet the legal requirements to be heard in that constitutional electoral jurisdiction.
n” “nThe decision was adopted by the judges of the high court for electoral matters, who accepted the motion of inadmissibility raised in the process and determined that the appeal should be rejected without entering into the merits of the case.
n” “nIn its decision, the TSE established that the amparo action was not the appropriate channel for the claim presented by the plaintiff, since the Dominican legal system provides other effective jurisdictional mechanisms for the protection of rights allegedly violated in electoral matters.
n” “nWe recommend reading: TSE leaves appeal against JCE regulation on poll publication in ruling state
n” “nThe court based its decision on the provisions of Law 137-11, the Organic Law of the Constitutional Court and Constitutional Procedures, as well as the Regulations for Contentious Electoral Procedures, which allow for an amparo action to be declared inadmissible when other judicial channels are available or when the action is manifestly unfounded.
Decision without analysis of the merits
n” “nBy declaring the action inadmissible, the TSE did not analyze the substantive arguments presented by the petitioner, but rather limited itself to determining that the appeal did not meet the admissibility criteria required by current regulations.
n” “nWith this decision, the process is closed at that instance, without a ruling on the claims raised against the Central Electoral Board.
n” “nReiterated court criteria
n” “nThe ruling is part of a jurisprudential line of the Superior Electoral Court, which on multiple occasions has declared amparo actions inadmissible when it is determined that there are other jurisdictional avenues to claim rights or when the action does not proceed in accordance with electoral law.
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