Constitutional Court ratifies Chamber of Accounts’ authority to audit state assets

alofoke
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Constitutional Court ratifies the mandatory nature of the Sworn Statement of Assets for Banreservas executives

The Constitutional Court (TC) has issued a forceful ruling through Judgment TC/0855/26, ratifying the full constitutionality of Law 311-14 on Sworn Statements of Assets. This legal decision establishes that officials who hold management and administrative positions in state entities, specifically including the executives of the Banco de Reservas (Banreservas), have an inescapable duty to submit their declaration of assets.

Strengthening institutional transparency

This resolution represents a significant endorsement of the oversight powers of the Chamber of Accounts of the Dominican Republic (CCRD). The high court determined that, as it is an entity whose capital is owned by the State, its managers are subject to a reinforced standard of asset transparency. In this way, legal doubts regarding the application of regulations in strategic sectors of the State are cleared.

The ruling constitutes a fundamental precedent that reaffirms the value of the sworn statement as an essential tool for the prevention of corruption and the promotion of accountability in public administration.

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Delimitation of competencies

The court clarified that the oversight tasks carried out by the Chamber of Accounts do not interfere with the financial supervision functions that correspond to the Monetary Board, the Central Bank, or the Superintendency of Banks. While financial agencies are in charge of regulating banking activity, the Chamber of Accounts maintains its exclusive jurisdiction to audit the personal assets of public servants and verify the lawful origin of their property.

Control and surveillance actions

  • The Chamber of Accounts maintains constant monitoring of compliance with the submission of sworn statements.
  • Through the Ojo Ciudadano portal, the entity publishes the list of delinquent officials every two months.
  • The goal is to promote social control and access to public information for all citizens.

With this ruling, Dr. Emma Polanco Melo’s management at the head of the Chamber of Accounts reinforces its commitment to technical rigor and strict adherence to the Constitution, ensuring that the management of public resources is maintained under the highest standards of legality and institutionality in the country.

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