Dominican Constitutional Court limits municipal authority

The Constitutional Court of the Dominican Republic has established significant limits on the power of local governments to impose fines, retain vehicles, and create taxes through municipal ordinances.

In ruling TC/0785/26, the Court reviewed a case involving the Moca City Council, which had immobilized and towed a vehicle and demanded a RD$3,000 payment for its release, including additional charges for transport and storage. The Court determined that the municipality had exceeded its authority by using its power to organize traffic and manage public spaces as a punitive power without sufficient legal authorization.

The ruling clarifies that while municipalities maintain political, administrative, and financial autonomy, this does not grant absolute power. Municipal ordinances cannot automatically serve as instruments to create fines or seize property unless such powers are expressly granted by law, as doing otherwise violates property rights, the principle of legality, and due process.