Finjus Criticizes TSE for Declining Competence on Poll Regulation Case

The Fundación Institucionalidad y Justicia (FINJUS) has criticized the Dominican Republic's Superior Electoral Tribunal (TSE) for declaring itself incompetent to hear a challenge against a Junta Central Electoral (JCE) resolution that restricts the publication of election polls outside the pre-campaign period. FINJUS argues the TSE should have assumed jurisdiction, as the matter falls under electoral law, not constitutional review.

The TSE sent the case to the Constitutional Court, but FINJUS contends this weakens the specialized electoral jurisdiction. In a statement, FINJUS said: "The most legally consistent decision would have been for the Superior Electoral Tribunal to assume knowledge of the appeal and resolve the controversy" Source: elcaribedr. The organization warned that converting the Constitutional Court into a regular appellate body for administrative regulations would distort its function Source: diariolibree.

The case originated from a challenge by Justicia Sin Fronteras against Article 13 of Resolution 14-2026, which restricts poll publication. The TSE's decision was not unanimous; Judge Rafaelina Peralta Arias dissented, arguing the TSE had competence Source: infobae. FINJUS emphasized that a regulation cannot innovate or restrict beyond what the law allows Source: elcaribedr.