Failing to enforce court rulings weakens rule of law, warns Finjus

The Dominican Republic's Fundación Institucionalidad y Justicia (Finjus) has issued a strong warning regarding the consequences of non-compliance with rulings from the Constitutional Court (TC). The organization stated that delays or incomplete execution of these decisions undermine the rule of law and render judicial protection of rights ineffective.

However, Finjus also introduced a crucial nuance to the ongoing debate about how to handle public institutions that resist implementing the TC's judgments. While affirming that sentences must be obeyed, the foundation stressed that the state itself cannot impose sanctions outside its legally established competencies. This means that while compliance is mandatory, the process for penalizing non-compliance must also adhere strictly to the law.

Finjus recalled that Article 184 of the Constitution mandates that TC decisions are final, irrevocable, and binding on all public powers and state bodies. The organic law governing the TC further reinforces this obligation and grants the court the authority to resolve issues related to the execution of its rulings. The organization argues that a recognized right loses its meaning if the decision protecting it remains unfulfilled indefinitely. "The recognition of a right loses meaning when the decision that protects it remains indefinitely without materializing," stated Servio Tulio Castaños Guzmán, Finjus's executive vice president.

The foundation also proposed that before assigning individual responsibilities, it is essential to determine the cause of non-execution. Finjus believes it is necessary to distinguish between temporary material impossibility, flawed execution, unjustified delay, and deliberate resistance by an authority. This differentiation, they argue, is crucial before applying any reprimand, requirement, or other consequence to an official. This point is particularly relevant as the TC itself has acknowledged difficulties in ensuring public bodies comply with its decisions, even establishing a unit to monitor execution and publishing a list of non-compliant officials.

“

The recognition of a right loses meaning when the decision that protects it remains indefinitely without materializing.