Editing Constitution of the Republic of Panama, 1972
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<u>Article 112.</u> The State shall not permit the existence of uncultivated, unproductive or idle areas, and shall regulate labor relations in the countryside, fostering maximum productivity and a just distribution of its benefits. | <u>Article 112.</u> The State shall not permit the existence of uncultivated, unproductive or idle areas, and shall regulate labor relations in the countryside, fostering maximum productivity and a just distribution of its benefits. | ||
- | <u>Article | + | <u>Article ll3.</u> The State shall give special attention to rural and Indian communities in order to foster their economic, social and political participation in the national life. |
- | <u>Article | + | <u>Article ll4.</u> The proper use of agricultural land is a duty of the owner owed to the community, and shall be regulated by law in accordance with its ecological classification, to avoid underutilization and the reduction of its productive potential. |
- | <u>Article | + | <u>Article ll5.</u> To fulfill the objectives of the agrarian policy, the State shall carry out the following activities: |
1. To grant the necessary farm lands to rural dwellers and to regulate the use of waters. The law may establish a special system of collective ownership for rural communities which so request; | 1. To grant the necessary farm lands to rural dwellers and to regulate the use of waters. The law may establish a special system of collective ownership for rural communities which so request; | ||
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<u>Article 120.</u> The exercise of the rights of citizenship is suspended: | <u>Article 120.</u> The exercise of the rights of citizenship is suspended: | ||
- | l. For the cause set forth in Article 13 of this Constitution; | + | l. For the cause set forth in Article 13 of this Constitution; |
- | 2. By penalty in accordance with law. | + | 2. By penalty in accordance with law. |
- | |||
- | + | ship. | |
- | + | �Article 121. The law shall regulate the suspension and recovery of citizen- | |
- | |||
- | + | Chapter II Suffrage | |
+ | Article 122. Suffrage is a duty and a right of all citizens whose rights have not been suspended. The law shall regulate it on the basis that it is free and uni versal, direct or indirect, and that voting is equal and secret. The authorities are obliged to guarantee the freedom and honesty of suffrage. | ||
- | + | Article 123, The law shall establish prohibitions for public officials in electoral matters. It shall stipulate electoral offenses, establish the correspond ing penalties, and regulate the formation, functioning and subsistence of political parties. | |
- | + | Article 124. The formation of any party having as its basis sex, race or religion, or which attempts to impair the national sovereignty or destroy the democratic structures of government is prohibited. | |
- | + | ||
- | |||
- | + | 16 | |
- | |||
- | + | Article 125. The State may supervise and contribute to the expenses incurred by natural persons and political parties in the electoral process. The law shall de termine and regulate such supervision and contributions, ensuring equality of ex penditures of all parties and candidates. | |
- | + | Chapter III | |
- | + | The Electoral Court | |
- | + | Article 126. The autonomous Electoral Court shall exclusively interpret and enforce the Electoral Law; it shall direct, supervise and inspect all stages of the electoral process; it shall have jurisdiction throughout the Republic and shall be composed of three magistrates elected for seven years, one by the National Assem bly of Municipal Representatives; one by the Supreme Court of Justice, who must | |
+ | be a lawyer; and one by the Executive Organ. Each principal member shall have | ||
+ | an alternate appointed in the same manner, and all must be from outside the ap pointing bodies. | ||
- | + | The magistrates of the Electoral Court are responsible to the Supreme Court of Justice for offenses or dereliction committed in the performance of their func tions, and are subject to the provisions of Articles 187, 190, 192, 193, 194 and 196, with the penalties prescribed by law. | |
- | + | The Electoral Court shall have such subordinate employees as may be pre scribed by law. | |
- | + | Article 127. In addition to those conferred upon it by law, the Electoral Court shall have the following powers, which it shall exercise exclusively with the exception of those enumerated in sections 3 and 5: | |
- | + | l. To regulate the Electoral Law in accordance with its letter and spirit, to interpret and enforce it, and to take cognizance of disputes arising in its application; | |
- | + | 2. To prosecute and punish offenses against the freedom and honesty of suf frage, in accordance with law; | |
- | + | 3. To take the electoral census; | |
- | + | ||
- | + | ||
- | + | 4. To organize, direct and supervise the registration of voters and their documentation, and to settle disputes, complaints and denunciations arising therefrom; | |
- | + | ||
- | + | 5. To process applications for immigration and naturalization; and | |
- | + | 6. To appoint the members of the electoral corporations. | |
- | + | The decisions of the Electoral Court may be appealed only to the Court itself, and once the provisions of law have been complied with, are final, irrevocable and binding. A plea of unconstitutionality is an exception. | |
- | + | Article 128. The Office of the Supervisor of Elections is an independent agency collaborating with the Electoral Court. Its powers shall be determined by law. | |
- | |||
- | |||
- | + | 17 | |
- | + | The Supervisor of Elections shall be a lawyer, and is subject to the provi sions of the third paragraph of Article 126 of this Constitution. | |
- | + | Title V | |
- | + | The Legislative Organ Chapter I | |
+ | General Provisions | ||
- | 3. Revocation of mandate. | + | Article 129. The legislative function is exercised by the National Assembly of Municipal Representatives and the National Legislative Council, in accordance with Articles 2, 141 and 148 of this Constitution. |
+ | |||
+ | Chapter II | ||
+ | |||
+ | The National Assembly of Municipal Representatives | ||
+ | |||
+ | Article 130. The National Assembly of Municipal Representatives (National Assembly) shall be composed of as many members as there are municipalities into which the national territory is divided. Each municipality shall elect one repre sentative and his alternate by direct popular vote, in the same manner and on the same day, for a period of six years. They may be re-elected. | ||
+ | |||
+ | Article 131. The National Assembly shall meet annually in its own right, without previous convocation, in the capital of the Republic, from the eleventh of October until the eleventh of November in each of the six years of the period for which its members are elected. | ||
+ | |||
+ | Article 132. The National Assembly shall hold regular and special sessions. Regular sessions are those held during the period stipulated in the preceding arti cle. Special sessions are those held in compliance with Article 142 and those con voked by the Executive Organ to deal with specific matters for the period he specifies. | ||
+ | |||
+ | Article 133. The following requirements must be met to be a Municipal Representative: | ||
+ | |||
+ | 1. To be Panamanian by birth or to have acquired definitive Panamanian nationality ten years prior to the date of the election; | ||
+ | |||
+ | 2. To be at least eighteen years of age; | ||
+ | |||
+ | 3. Not to have been convicted for a crime against public property or the freedom and honesty of suffrage; and | ||
+ | |||
+ | 4. To be a resident of the municipality he represents during the year im mediately preceding the election. | ||
+ | |||
+ | Article 134. The right to be a representative shall be lost for the following causes: | ||
+ | |||
+ | 1. Voluntary change of residence to another municipality; | ||
+ | |||
+ | |||
+ | |||
+ | 18 | ||
+ | |||
+ | |||
+ | 2. Judicial conviction for a crime; and | ||
+ | |||
+ | 3. Revocation of mandate. | ||
The law shall regulate the application of this article. | The law shall regulate the application of this article. | ||
- | + | Article 135. In case of a vacancy in the representation of a municipality, the election of a new representative shall take place within the next two months. | |
- | + | Article 136. Municipal representatives may not be appointed to public offices remunerated by the same municipality. Violation of this principle renders the ap pointment void. | |
- | Appointment to the Judicial Organ, Public Ministry or Electoral Court causes an absolute vacancy in the Office of Municipal Representative. Appointment as a Minister of State, head of an autonomous or semiautonomous institution or chief of diplomatic mission causes a temporary vacancy. | + | Appointment to the Judicial Organ, Public Ministry or Electoral Court causes an absolute vacancy in the Office of Municipal Representative. Appointment as a Minister of State, head of an autonomous or semiautonomous institution or chief of diplomatic mission causes a temporary vacancy. |
- | + | Article 137. The members of the National Assembly are not legally respon sible for opinions expressed in the performance of their duties, and are entitled to consideration and respect from the authorities. During the six-year term for which they are elected, representatives may not be prosecuted or arrested for criminal | |
+ | or police action without prior authorization of the Provincial Coordinating Council | ||
+ | to which they belong, except in cases of flagrante delicto. | ||
- | + | Article 138. Municipal Representatives shall receive the emoluments pre scribed by law, which shall be paid from the National Treasury. | |
- | + | Article 139. The law shall specify the contracts which Municipal Represent atives may not make on their own behalf or through another party with the State and with autonomous or semiautonomous institutions and entities related thereto, and contracts which they may not negotiate on behalf of others. | |
- | + | Article 140. The National Assembly must approve, with or without modifica tions, or disapprove the amendments to the Constitution submitted to it by the Na tional Legislative Council. | |
Amendments must be ratified by the National Assembly which takes office in the following term. | Amendments must be ratified by the National Assembly which takes office in the following term. | ||
- | + | Article 141. The legislative functions of the National Assembly consist in enacting laws for the following purposes: | |
- | 1. To approve or reject public treaties signed by the Executive; | + | 1. To approve or reject public treaties signed by the Executive; |
- | 2. To declare war and authorize the Executive to negotiate peace; | + | 2. To declare war and authorize the Executive to negotiate peace; |
- | 3. To approve or disapprove changes in the political division of the national territory proposed by the National Legislative Council; | + | 3. To approve or disapprove changes in the political division of the national territory proposed by the National Legislative Council; |
- | 4. To grant amnesty for political offenses; and | + | 4. To grant amnesty for political offenses; and |
- | 5. To approve its internal regulations. | + | 5. To approve its internal regulations. |
- | |||
- | |||
- | |||
- | + | 19 | |
- | + | Article 142. Accusations or charges against the President and Vice-President of the Republic, Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, the Commander in Chief of the National Guard and the Solicitor General shall be within the competence of a Judicial Commission composed of the officers of the National Assembly and three representatives from each province | |
+ | and one for the District of San Blas, elected by the full Assembly. If there are grounds therefor, the Judicial Commission shall try them for acts in violation of the Constitution and laws committed in the performance of their duties. | ||
- | + | The law shall establish the procedures to be followed and the penalties to be imposed. | |
- | The | + | Article 143. The administrative functions of the National Assembly are the following: |
- | + | l. To elect its board of officers, which shall consist of a President and ten Vice-Presidents, one for each province and one for the District of San Blas; | |
- | + | 2. To elect the President and Vice-President of the Republic on the date of its installation, by means of a roll call vote. The election shall be by slates. | |
- | + | Candidates for the offices of President and Vice-President of the Republic shall require the support of not less than thirty percent of the representatives. In the event that none or only one of the slates obtains this percentage, the three with the largest number of votes shall be con sidered as candidates. If no slate obtains an absolute majority on the first ballot, a second shall be taken between the two slates receiving the largest number of votes on the first ballot. On the second ballot, blank votes shall be added to those of the slate receiving the largest number. | |
- | + | The President of the National Assembly shall vote only in case of tie to decide the election. | |
- | + | 3. To accept or decline the resignation of the President or Vice-President of the Republic; | |
- | + | 4. To grant leave of absence to the President and Vice-President of the Republic to leave their posts for up to six months, and to authorize them to leave the national territory for a maximum of three months; | |
- | + | 5. To elect one Magistrate of the Electoral Court, pursuant to Article 126 of this Constitution; | |
- | + | 6. To request oral or written reports from public officials and to demand their appearance at its sessions, stating the purpose therefor, when necessary to elucidate the discussion; | |
- | + | 7, To receive annual reports on the activities of the President and Vice President of the Republic, Ministers of State, the Controller General of the Republic, and autonomous and semiautonomous institutions; and | |
- | + | 8. To supervise public administrative officials at the provincial level. | |
- | + | Article 144. The National Assembly is forbidden: | |
- | + | 1. To elect one of its members to be President or Vice-President of the Republic; | |
- | + | 2. To take votes of approval or censure with respect to the acts of the President of the Republic; | |
- | + | 3. To demand public reports on pending diplomatic negotiations of a confi dential nature; and | |
- | + | ||
- | + | 4. To delegate any of its functions. | |
- | Their | + | Article 145. The laws enacted by the National Assembly shall be proposed by the Special Committees of the Assembly or by the National Legislative Council. Their enactment shall require approval in a single debate by absolute majority of the members of the Assembly. |
- | + | Laws must be promulgated within six working days following their enactment and shall take effect from the time of their promulgation, unless the law itself pro vides that they shall become effective on some other date. | |
- | + | Chapter Ill | |
- | + | The National Legislative Council | |
- | + | Article 146. The National Legislative Council shall be composed of the President and Vice-President of the Republic, the President of the National Assem bly, the Ministers of State and the members of the Legislative Commission. | |
- | + | Article 147. The members of the Legislative Commission shall have the right to voice and vote in the National Legislative Council and may initiate legis lation. | |
+ | Their functions are those .established in this Constitution and in the law. Article 148. With the exception of those falling within the competence of the | ||
+ | National Assembly, the National Legislative Council shall enact the laws necessary | ||
+ | for fulfillment of the purposes of the State and the performance of the functions of the Government set forth in this Constitution, and in particular for the following: | ||
- | + | 1. To enact, put into effect, amend or repeal the national codes; | |
- | + | 2. To determine the number and titles of the Ministries of State and to as sign their functions to them; | |
- | + | 3. To limit and regulate the awarding of vacant lands; | |
- | + | 4. To decide upon the use of national property for public purposes; | |
- | + | 5. To decide upon the transfer of movable and immovable national property; | |
- | + | 6. To approve the Budget of Revenues and Expenditures of the Republic and | |
+ | to decide upon supplementary or special appropriations in relation thereto; | ||
- | |||
- | + | 7. To establish taxes, assessments, revenues and official monopolies; | |
- | + | 8. To establish administrative departments with internal autonomy, inter ministerial agencies and technical councils; | |
- | + | 9. To establish and organize public services; | |
- | + | 10. To determine the standard, weight, value, form, type and denomination of the national currency; and | |
- | + | 11. To approve its internal regulations. | |
- | + | Article 149. The National Legislative Council shall propose modifications of the political division of the national territory to the National Assembly, for its ap proval or rejection. | |
- | + | Article 150. Laws may be proposed by the m mbers of the National Legisla tive Council. The Provincial Coordinating Councils shall propose laws through the President of the National Assembly. | |
- | + | ||
- | + | ||
- | + | Article 151, Proposed laws shall be approved in a single debate by an ab solute majority of the members of the Legislative Council, which shall hold such consultations as may be necessary with the Provincial Coordinating Councils and the national groups which may be affected by the proposed legislation. | |
- | + | Article 152. The National Legislative Council may request oral or written reports from public officials and may require their appearance at meetings, stating the purpose thereof, when it deems this necessary to elucidate the discussion. | |
- | + | Article 153. The qualifications for men<bers of the Legislative Commission are the same as those for Ministers of State. | |
- | + | Article 154, The President of the National Assembly and the members of the Legislative Commission shall receive the remuneration determined by the Executive Organ. | |
- | + | Title VI | |
- | + | The Executive Organ Chapter I | |
+ | The President and Vice-President of the Republic | ||
- | + | Article 155. The Executive 0 rgan is constituted by two citizens called the President of the Republic and the Vice-President of the Republic, with the indispen sable cooperation of the Ministers of State. | |
- | + | Article 156. In each particular case, the President or Vice-President of the Republic, with the Minister of the respective branch, shall exercise his functions as representative of the Executive Organ. | |
- | + | Article 157. The President of the Republic shall be elected by an absolute majority of votes by the National Assembly of Municipal Representatives, for a term of six years. | |
- | |||
- | + | Together with the President of the Republic, there shall be elected the Vice President of the Republic, who shall replace the President in his absence, in ac cordance with the provisions of Articles 168 and 169 of this Constitution. | |
- | + | Article 158. A citizen who has been elected President or Vice-President of the Republic may not be reelected to the same office in the two terms immediately following. | |
- | + | Article 159. In order to be President or Vice-President of the Republic, the following are required: | |
- | + | l. To be Panamanian by birth; and | |
- | + | 2. To have reached thirty-five years of age. | |
- | + | Article 160. Persons convicted of offenses against public order may not be elected President or Vice-President of the Republic. | |
- | + | Article 161. The President and Vice-President of the Republic shall take office before the National Assembly and shall take the following oath: "I swear be fore God and the conntry to comply faithfully with the Constitution and the laws of the Republic. " | |
- | |||
- | + | oath. | |
+ | �A cit zen who has no religious beliefs rr.ay omit the invocation to God in the | ||
- | + | Article 162. If for any reason the President or Vice-President of the Repub lic cannot take office before the National Assembly, he shall do so before the Su preme Court of Justice; if the latter is not possible, he shall take office before a Public Notary, or in the last resort, before two competent witnesses. | |
- | + | Article 163. The following powers are exercised by the President of the Republic alone: | |
- | + | l. To coordinate all the work of the Public Administration; | |
- | + | 2. To take the measures necessary for the National Assembly to meet on the day prescribed in the Constitution or in the decree convoking it in special session; | |
- | + | 3. To present a message concerning the affairs of the Administration each year on the first day of the session of the National Assembly; | |
- | + | 4. To conduct foreign relations, to accredit and receive diplomatic and consular agents, and to enter into international treaties and agreements, which shall be submitted to the National Assembly for consideration; | |
- | + | 5. To supervise the regular functioning of the Administration and the proper conduct of public institutions; | |
- | + | 6. To grant pardons for political offenses, to reduce penalties, and to grant parole to persons convicted of common offenses; | |
- | + | 7. To appoint and dismiss freely the Ministers of State and members of the Legislative Commission; | |
- | |||
- | + | 8. To appoint the Controller General and Deputy Controller General of the Republic, the heads of autonomous and semiautonomous entities, and one Magistrate of the Electoral Court, pursuant to this Constitution and the law; | |
- | + | 9. To exercise the powers conferred upon him by this Constitution and the law; and | |
- | + | 10. To obey and enforce strict compliance with the laws and promulgate those enacted by the National Legislative Council. | |
- | The President of the Republic | + | Article 164. The following powers shall be exercised by the President of the Republic with the cooperation of the respective Minister, the Cabinet Council, or the National Legislative Council, as appropriate: |
- | + | 1. To appoint chief and officers of the Public Forces tn accordance with this Constitution, the law and the Military Register; | |
- | + | 2. To appoint, with the approval of the Cabinet Council, the Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, and the Solicitor General, and their alternates; | |
- | + | 3. To appoint and dismiss freely the Governors of the provinces; | |
- | + | 4. To supervise the collection and administration of the national revenues; | |
- | + | 5. To enact regulations for laws that so require for their better enforce ment, without deviating from the letter or spirit thereof; | |
- | + | 6. To present to the National Assembly an annual report on the administra tive, political and economic affairs of the State; | |
- | + | 7. To enter into administrative contracts for the performance of services and the execution of public works. | |
- | + | The President may delegate this power in whole or in part to the Vice President of the Republic; | |
- | + | 8. To appoint, with the cooperation of the respective Minister and in ac cordance with the provisions of Title XII, persons who are to hold offices or positions, appointment to which does not fall within the competence of any other public official or entity. | |
- | The | + | The President of the Republic may delegate his power of appointment to other officials, as provided by law; |
- | + | 9. To issue naturalization certificates in accordance with the procedure established by law; and | |
+ | 10. To exercise the other powers conferred upon him by this Constitution and the law. | ||
+ | |||
+ | |||
+ | Article 165. The Vice-President of the Republic has the following powers: | ||
+ | |||
+ | 1. To appear before the National Assembly each year in order to present a report on the Budget of Revenues and Expenditures of the Republic and the National Development Plan; | ||
+ | |||
+ | 2. To grant to nationals who so request, permission to accept positions with foreign governments, in cases where such permission is necessary under the law; | ||
+ | |||
+ | 3. To attend sessions of the Cabinet Council, with voice and vote; | ||
+ | |||
+ | 4. To exercise the other powers conferred upon him by this Constitution and the law. | ||
+ | |||
+ | Article 166. The President and Vice-President of the Republic may delegate their powers to other public officials or entities, in the manner prescribed by law. | ||
+ | |||
+ | Article 167. No act of the President or Vice-President of the Republic, except those which may be exercised by them alone, shall have validity unless countersigned by the respective Minister of State, who assumes responsibility therefor. | ||
+ | |||
+ | The orders and resolutions issued by a Minister of State on the instructions of the President or Vice-President of the Republic are obligatory and may be in validated only by the President or Vice-President, provided they are not contrary to the Constitution or the law. | ||
+ | |||
+ | Article 168. The President and the Vice-President of the Republic may separate themselves from their functions only with leave of absence, which shall | ||
+ | not be for more than six months, and which shall be granted by the Cabinet Council. | ||
They may not leave the national territory without permission from that body for more than thirty days each time. | They may not leave the national territory without permission from that body for more than thirty days each time. | ||
- | During his leave of absence the President shall be replaced by the Vice | + | During his leave of absence the President shall be replaced by the Vice President, who shall have the title of Acting Head of the Executive Organ. |
+ | |||
+ | In the absence of the Vice-President of the Republic, his functions shall be performed by a Minister of State appointed by the President of the Republic, who must meet the requirements for this office and shall have the title of Acting Vice President of the Republic. | ||
- | In the absence of the | + | Article 169. In case of the permanent absence of the President of the Repub lic, his functions shall be assumed by the Vice-President of the Republic for the remainder of the term. |
- | + | When the Vice-President assumes the functions of the President, he shall convoke the National P. ssembly within thirty days so that it may elect a new Vice-President. | |
- | + | During the period mentioned in the preceding paragraph, a Minister of State shall serve as Acting Vice-President of the Republic. He shall be elected in the manner prescribed in Article 168 of this Constitution. | |
- | |||
- | In case of the permanent absence of the Vice-President of the Republic, his functions shall be assumed by a Minister of State, appointed in the manner | + | In case of the permanent absence of the Vice-President of the Republic, his functions shall be assumed by a Minister of State, appointed in the manner pre scribed in Article 168 of this Constitution. |
- | When the Acting Vice-President assumes the functions of the President of the Republic he shall convoke the National Assembly within thirty days so that it may elect a new Vice-President of the Republic for the remainder of the constitutional term. | + | When the Acting Vice-President assumes the functions of the President of the Republic he shall convoke the National Assembly within thirty days so that it may elect a new Vice-President of the Republic for the remainder of the constitutional term. |
- | + | Article 170. The emoluments assigned by law to the President and Vice President of the Republic may be changed, but the change shall not take effect until the following presidential term. | |
- | + | Article 171. The President and Vice-President of the Republic are held ac countable only in the following cases: | |
- | 1. For exceeding their constitutional powers; | + | 1. For exceeding their constitutional powers; |
- | 2. For impeding the meeting of the National Assembly or for obstructing it or any other public body or authority established by the Constitution, in the exercise of its functions; and | + | 2. For impeding the meeting of the National Assembly or for obstructing it or any other public body or authority established by the Constitution, in the exercise of its functions; and |
- | 3. For crimes against the Nation or against the public order. | + | 3. For crimes against the Nation or against the public order. |
- | In the first two cases the penalty shall be removal from office and | + | In the first two cases the penalty shall be removal from office and dis qualification to hold public office for the period fixed by law. |
In the third case ordinary law shall apply. | In the third case ordinary law shall apply. | ||
- | + | Article 172. The following may not be elected President of the Republic: | |
- | 1. A citizen who, called to exercise the Presidency in the permanent or temporary absence of the President, has held the position at any time during the three years immediately preceding the term for which the election is held; | + | 1. A citizen who, called to exercise the Presidency in the permanent or temporary absence of the President, has held the position at any time during the three years immediately preceding the term for which the election is held; |
- | 2. Relatives within the fourth degree of consanguinity or second degree of affinity of a President of the Republic who has exercised his functions in the term immediately preceding, or such relatives of the citizen indicated in section l of this article. | + | 2. Relatives within the fourth degree of consanguinity or second degree of affinity of a President of the Republic who has exercised his functions in the term immediately preceding, or such relatives of the citizen indicated in section l of this article. |
- | + | Article 173. The following may not be elected Vice-President of the Republic: | |
- | 1. The President of the Republic elected by the National Assembly who has performed his functions at any time, when the election of the Vice President of the Republic is for the term following his own; | + | 1. The President of the Republic elected by the National Assembly who has performed his functions at any time, when the election of the Vice President of the Republic is for the term following his own; |
- | 2. Relatives within the fourth degree of consanguinity or the second degree of affinity of the President of the Republic elected by the National | + | 2. Relatives within the fourth degree of consanguinity or the second degree |
+ | of affinity of the President of the Republic elected by the National Assem bly, for the period following that in which the President of the Republic has held office; | ||
- | 3. A citizen who, as Vice-President of the Republic, has occupied the Presidency at any time during the three years preceding the term for which the election is held; | + | 3. A citizen who, as Vice-President of the Republic, has occupied the Presidency at any time during the three years preceding the term for which the election is held; |
- | |||
- | + | 4. Relatives within the fourth degree of consanguinity or second degree of affinity of the citizen mentioned in the preceding section, for the term immediately following that in which that citizen has occupied the Presi dency; and | |
- | + | 5. Relatives within the fourth degree of consanguinity or second degree of affinity of the President of the Republic. | |
- | + | ||
- | + | Chapter II Ministers of State | |
+ | Article 174. The Ministers of State are the highest officials of their respec tive branches and cooperate with the President and Vice-President of the Republic in the performance of their functions, pursuant to this Constitution and the law. | ||
- | + | Article 175. The distribution of functions among the Ministers of State shall be made pursuant to law, according to their nature. | |
- | + | Article 176. Ministers of State must be Panamanians by birth, must have reached twenty-five years of age, and must not have been convicted for a crime against the public order. | |
- | + | Article 177. No person may be appointed Minister of State who is a relative of the President of the Republic within the fourth degree of consanguinity or the second degree of affinity, nor rnay persons of those relationships be members of the same Cabinet. | |
- | + | Article 178. Each Minister of State shall personally present to the National Assembly an annual report concerning the state of affairs in his ministry and such reforms as he may deem appropriate to introduce. | |
- | + | ||
- | + | Chapter III | |
- | + | The Cabinet Council | |
- | + | Article 179. The Cabinet Council consists of the meeting of the Ministers of State and the Vice-President of the Republic under the direction of the President of the Republic or the Acting President. | |
- | + | Article 180. The Cabinet Council has the following functions: | |
- | + | l. To act as an advisory body on matters submitted to it by the President of the Republic and on those matters that should be heard pursuant to the Constitution or the law; | |
- | + | 2. To approve, with the President of the Republic, appointments of Magis trates of the Supreme Court of Justice, the Attorney General of the Republic, the Solicitor General and their alternates; | |
- | + | 3. To approve the execution of contracts, the negotiation of loans and the transfer of movable or immovable national property in the manner prescribed by law; | |
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- | |||
- | |||
- | + | 27 | |
- | + | 4. To empower the President of the Republic to settle or submit to arbitra tion litigious matters to which the State is a party. In such cases, the favorable opinion of the Attorney General of the Republic is required; | |
- | + | 5. To approve, under the collective responsibility of all its members and of the Commander in Chief of the National Guard, decrees which the President may issue concerning the suspension and restoration of guarantees; | |
- | + | 6. To request from public officials and entities such reports as it may deem necessary or useful in relation to the matters it must consider, and to summon the former and representatives of the latter to present oral reports; | |
- | + | ||
- | + | ||
- | + | 7. To approve its internal regulations; and | |
- | + | 8. To exercise the other functions prescribed by this Constitution or the law. | |
- | |||
- | + | Chapter IV | |
- | + | The General Council of State | |
- | + | Article 181. The General Council of State consists of the meeting of the President of the Republic, who shall preside over it, with the Vice-President of the Republic, the Ministers of State, general directors of autonomous and semi | |
+ | autonomous entities, the Commander in Chief of the National Guard, the Controller | ||
+ | General of the Republic, the Attorney General of the Republic, the Solicitor General, the Legislative Commission and the Presidents of the National Assembly, the Su preme Court of Justice and the Electoral Court. | ||
- | + | Article 182. The Council of State has the following functions: | |
- | + | 1. To act as an advisory and coordinating body on matters submitted to it by the President of the Republic; | |
- | + | 2. To exercise the other functions prescribed by law. | |
- | + | Title VII | |
- | + | The Administration of Justice Chapter I | |
+ | The Judicial Organ | ||
- | + | Article 183. The administration of justice is free, prompt and uninterrupted. The law shall guarantee that this principle is made effective. | |
- | + | Article 184. The Judicial Organ consists of the Supreme Court of Justice, the lower courts, and such other courts as the law may establish. | |
- | + | Article 185. The Supreme Court of Justice shall be composed of the number of Magistrates determined by law, appointed for a ten-year term beginning | |
+ | January 1, 1973. Each Magistrate shall have an alternate, appointed for the same | ||
- | |||
- | |||
- | + | 28 | |
- | |||
- | + | term, who shall replace him in his absence. A permanent vacancy on the Court shall be filled by a new appointment for the remainder of the term. | |
- | + | The law shall divide the Court into Panels, composed of three pern1anent members each. | |
- | + | Article 186. To be a Magistrate of the Supreme Court of Justice, the follow ing are required: | |
- | + | 1. To be Panamanian by birth; | |
- | + | 2. To have reached thirty-five years of age; | |
- | + | 3. To be in full enjoyment of civil and political rights; | |
- | + | 4. To hold a university degree in law, registered at the office prescribed by law; and | |
- | + | 5. To have completed a period of ten years in the practice of law or in some other position the holding of which requires a university degree in law. | |
- | + | Article 187. A person who has been convicted of an offense against the public order may not hold any office in the Judicial Organ. | |
- | + | ||
- | + | Article 188. Together with its other constitutional and legal powers, the Supreme Court of Justice shall have the following: | |
- | + | 1. Guardianship of the integrity of the Constitution, to which end it shall decide, after hearing the Attorney General of the Republic or the Solicitor General, on the constitutionality of laws, decrees, decisions, resolutions and other acts challenged before it by any person on the grounds of content or form. | |
- | + | Whenever in a proceeding the public official responsible for rendering justice believes or one of the parties claims that the legal provision or regulation applicable to the case is unconstitutional, the matter shall be submitted to the full Court and the proceeding shall continue until it is decided. The parties may make such a claim only once in each proceeding; and | |
- | 2. | + | 2. Exercise of administrative jurisdiction over acts, resolutions, orders or decisions executed, adopted or issued in the exercise of their func tions or on the pretext of their exercise by public officials, national, provincial and municipal authorities, and officers of autonomous or semiautonomous public entities. To this end, the Supreme Court of Justice, after hearing the Solicitor General, may annul the acts chal lenged on grounds of illegality; reestablish the particular right violated; |
+ | enact new provisions to replace those challenged; and make a prelin1inary judgment regarding the meaning, applicability or legal validity of an administrative act. | ||
- | + | Persons affected by the act, resolution, order or decision in question may have recourse to administrative jurisdiction; so also, on behalf of the public, may any natural or juridical person domiciled in the country, in any case in which a public official or authority has acted in violation | |
+ | of law. | ||
- | + | 29 | |
- | + | The decisions of the Court in the exercise of the powers conferred by this article are final, definitive and binding, and must be published in the Official Gazette. | |
- | + | Article 189. There is no appeal on grounds of unconstitutionality against decisions of the Court or its Panels. | |
- | + | Article 190. Principal magistrates and judges may not hold any other public office, except that of professor of law in an educational institution of university level. | |
- | + | Article 191. In the lower courts and tribunals established by law, the magis trates shall be appointed by the Supreme Court of Justice and the judges by their immediate superior. Subordinate personnel shall be appointed by the respective court or judge. All such appointments shall be made in accordance with the Judi cial Career, as provided in Title XII. | |
- | + | Article 192. Magistrates and judges are independent in the exercise of their functions and are subject only to the Constitution and the law. However, subordi nate judges are obliged to abide by and comply with decisions issued by their supe rior in rank revoking or amending, by virtue of legal proceedings, the decisions rendered by the former. | |
- | + | Article 193. Magistrates and judges shall not be removed, suspended or transferred from the exercise of their functions, except in the cases and according to the procedures prescribed by law. | |
- | + | Article 194. Positions in the Judicial Organ are incompatible with participa tion in politics, except voting and elections, with the practice of law or commerce, and with any other remunerated position except as provided in Article 190. | |
- | + | Article 195. The law shall regulate the financial regime of the Judicial Organ and of the Public Ministry jointly, according to the needs of the administration of justice. | |
- | + | The abolition of offices or positions in the Judicial Organ shall be effective at the end of the corresponding term. | |
- | + | Article 196. Magistrates and judges may not be detained or arrested except by virtue of a written order from the authority competent to judge them. | |
- | + | ||
+ | Article 197. Trial by jury is established. The law shall determine the cases to be decided by this system. | ||
+ | |||
+ | |||
+ | Chapter II | ||
+ | |||
+ | The Public Ministry | ||
+ | |||
+ | Article 198. The Public Ministry shall be exercised by the Attorney General | ||
+ | of the Republic, the Solicitor General, the District Attorney and Municipal Attorneys, and the other officials designated by law. Officials of the Public Ministry may be delegated to exercise the functions of the Attorney General, in the manner prescribed by law. | ||
+ | |||
+ | |||
+ | |||
+ | |||
+ | 30 | ||
+ | |||
+ | Each official of the Public Ministry shall have two alternates, who shall replace him in their order during temporary absences and in permanent absences until the vacancy is filled. | ||
+ | |||
+ | Article 199. The functions of the Public Ministry are the following: | ||
+ | |||
+ | 1. To defend the interests of the State or of the municipality; | ||
+ | |||
+ | 2. To foster the enforcement and execution of laws, judicial decisions and administrative orders; | ||
+ | |||
+ | 3. To supervise the official conduct of public officials and to take care that all fully discharge their duties; | ||
+ | |||
+ | 4. To prosecute offenses and violations of constitutional or legal provisions; 5, To serve as legal advisors to administrative officials; and | ||
+ | 6, To exercise the other functions prescribed by law. | ||
+ | |||
+ | Article 200. The qualifications to be Attorney General of the Republic and Solicitor General are the same as those to be a Magistrate of the Supreme Court of Justice, and both shall be appointed for a six-year term beginning January 1, 1973. | ||
+ | |||
+ | Article 201. The Attorney General of the Republic has the following special functions: | ||
+ | |||
+ | 1, To arraign before the Supreme Court of Justice public officials over which that body has jurisdiction; | ||
+ | |||
+ | 2. To see to it that the other officials of the Public Ministry faithfully dis charge their duties, and to see that they are held responsible for the offenses they commit. | ||
+ | |||
+ | Article 202. Officials of the Public Ministry are subject to the prov1s1ons established for judicial officials by Articles 187, 190, 192, 193, 194 and 196. | ||
+ | |||
+ | Article 203. The Attorney General and the Solicitor General and their alter nates shall be appointed by the Executive Organ. | ||
+ | |||
+ | District and Municipal Attorneys shall be appointed by their immediate superiors. Subordinate personnel shall be appointed by the respective District or Municipal Attorney. All such appointments shall be made in accordance with the Judicial Career, as provided in Title XII. | ||
+ | |||
+ | Title VIII The Provinces | ||
+ | Article 204. In each province there shall be a Governor freely appointed and | ||
+ | removed by the Executive, who shall be the agent and representative of the Presi dent within his jurisdiction. Each Governor shall have an alternate. | ||
The law shall determine the functions and duties of the Governors. | The law shall determine the functions and duties of the Governors. | ||
- | |||
- | + | law. | |
+ | �Article 205. Each province shall have the number of districts established by | ||
- | + | Article 206. Each province shall have a Provincial Coordinating Council, which shall promote, coordinate and harmonize official activities and shall serve as an advisory body. This council shall be composed of the Municipal Representa tives and other members determined by the law regulating its organization and functioning. | |
- | + | ||
- | + | Title IX | |
- | + | The Municipalities | |
- | + | Article 207. The municipality is the autonomous political organization of the community established within a district. | |
- | + | Municipal organizations shall be democratic and shall respond to the essen tially administrative nature of local government. | |
- | + | Article 208. The municipalities have the function of promoting the develop ment of the community and social welfare, and shall collaborate with the National Government to this end. The law may determine the portion of revenues that mu nicipalities shall allocate in this regard, particularly to education, taking into account the population, location and economic and social development of the district. | |
- | + | Article 209. The municipal authorities have the duty of complying with and enforcing the Constitution and laws of the Republic, the decrees and orders of the Executive, and the decisions of the ordinary and administrative courts of justice. | |
- | + | Article 210. No municipal official may be suspended or removed by the na tional administrative authorities. | |
- | The | + | Article 211. The State shall supplement the municipal administration when it is inadequate, in cases of epidemic, serious disturbance of the public order, or other reasons of public interest, in the manner prescribed by law. |
- | + | Article 212. In each municipality' there shall be a body known as the Munic ipal Council, composed of a minimum of five Representatives in the National Assembly. If the number of Representatives of a district is less than five, the Mayor of the municipality, in agreement with the Representatives, shall appoint | |
+ | as many persons as may be necessary to complete this number. Persons soap | ||
+ | pointed shall have only the investiture and functions of councilors. | ||
- | + | Article 213. By popular initiative and by vote of the Councils, two or more municipalities may request to be merged in a single unit, or to be associated for reasons of mutual benefit. The law shall establish the procedure to be followed in this regard. | |
+ | |||
+ | The municipalities of a province with similar requirements may unify their operations by establishing a common treasury and fiscal administration. In such cases there may be created an intermunicipal council whose composition shall be determined by law. | ||
- | + | Article 214. Citizens have the right of initiative and referendum in matters entrusted to the Councils. | |
- | |||
- | + | Article 215, The law may determine, in accordance with the financial capac ity and manpower resources of the municipalities, which of them shall be governed by a system of special commissioners to render such services as the law may prescribe, | |
- | + | Article 216. In each district there shall be a Mayor, as head of the municipal administration, and one alternate. Persons convicted of offenses against the public order may not be elected to these offices. | |
- | + | In the event that a Mayor is to be appointed, and within seven days following the taking of office by the Governor of the province the latter shall present a list of three candidates for the two offices mentioned in the preceding paragraph, and shall appoint those selected by the Council. The Municipal Treasurer shall be appointed by the Municipal Council. | |
- | + | Mayors and their alternates shall be appointed for a three-year term and may be re-elected for another term, They may be removed only for the causes prescribed by law. | |
- | + | The Council shall appoint a Vice Chairman who shall replace the Chairman in his absence and shall have the functions prescribed by law. | |
- | + | Article 217, Mayors shall have the following functions, in addition to the duties set forth in Article 209 of this Constitution: | |
- | + | l. To preside over the Municipal Council and to present proposed resolu tions, especially that on the budget of revenues and expenditures; | |
- | + | 2. To order the expenditures of the local administration in accordance with the budget and with accounting regulations; | |
- | + | 3. To appoint and remove municipal officials in agreement with the Munic ipal Representatives, and to appoint and remove other municipal employ ees whose appointment does not fall within the competence of another authority, subject to the provisions of Title Xll; and | |
- | + | 4. To promote the progress of the municipal community and to supervise the performance of their duties by public employees. | |
- | + | Article 218. The Mayors and Councilmen shall receive a remuneration for their services which shall be paid from the National or Municipal Treasury, as determined by law, | |
- | + | Article 219. Taxes that have no effect outside the district are municipal, but the law may establish exceptions in order that specific taxes may be municipal not withstanding the fact that they have such effect. On this basis, the law shall deter mine, with due separation, national and municipal revenues and expenditures. | |
- | + | Article 220. The sources of municipal revenue, in addition to those provided by law in accordance with the preceding article, are the following: | |
- | + | 1, Income from their lands or properties and from their own assets; 2, Fees for the use of their goods or services; | |
- | + | 3. Taxes on public performances; | |
- | + | 4. Taxes on the sale of alcoholic beverages; | |
- | + | 5, Fees established by law for the extraction of sand, granite, rock, clay, coral, gravel and limestone; | |
- | + | 6. Fines imposed by the municipal authorities; 7, State subsidies and grants; | |
+ | 8, Fees for the removal of wood and the felling of trees; and | ||
- | 9. The tax on the slaughtering of bovine and porcine livestock, which shall be paid in the municipality of origin of the animal. | + | 9. The tax on the slaughtering of bovine and porcine livestock, which shall be paid in the municipality of origin of the animal. |
- | + | Article 221. The municipalities may establish municipal or mixed companies for the provision of goods or services. | |
- | + | Article 222. The State may not grant exemptions from municipal fees, charges or taxes. The municipalities may do so only by municipal decision. | |
- | + | Article 223. The municipalities may contract loans with the prior authoriza tion of the Executive Organ. The law shall determine the procedure to be followed in this regard. | |
- | + | Article 224. In each municipality there shall be a Community Board which shall promote the development of the community and shall see to the solution of its problems. | |
- | The Community Boards may exercise functions of voluntary | + | The Community Boards may exercise functions of voluntary concilation and such others as the law may prescribe. |
- | + | Article 225. The Community Board shall be composed of the Mur.ricipal Representative, who shall preside over it, the Councilman and three citizens resi dent in the municipality, selected in the manner determined by the Municipal Council. | |
Community Boards may request the cooperation and advice of national or municipal officials and of private persons. | Community Boards may request the cooperation and advice of national or municipal officials and of private persons. | ||
Line 945: | Line 1,035: | ||
The law may establish a special regime for Community Boards functioning in communities which are not administratively constituted as municipalities. | The law may establish a special regime for Community Boards functioning in communities which are not administratively constituted as municipalities. | ||
- | + | Title X Public Finance | |
- | + | Chapter I | |
- | + | ||
- | + | Property and Rights of the State Article 226. The following belong to the State: | |
- | |||
- | + | 1. Property existing in the territory that belonged to the Republic of Colombia; | |
- | + | 2. The rights and participations which the Republic of Colombia possessed as owner, within the country or elsewhere, by virtue of the sovereignty that it exercised over the territory of the Isthmus of Panama; | |
- | + | 3. The property, revenues, estates, securities, rights and participations that belonged to the former Department of Panama; | |
- | + | 4. Vacant and free lands; | |
- | + | 5. The resources of the subsoil, which may be exploited by State or mixed companies or may be the subject of concessions or contracts for their exploitation as provided by law. | |
- | or | + | |
- | + | Mineral rights granted and not exercised within the period and under the conditions fixed by law shall revert to the State; | |
- | + | 6. Salt deposits, mines, subterranean and thermal waters, deposits of hydrocarbons, quarries and deposits of all kinds, which may not be privately appropriated but may be exploited directly by the State, through state or mixed companies, or may be the subject of concessions | |
+ | or other contracts for their exploitation by private firms. The law shall | ||
+ | regulate all matters pertaining to the various forms of exploitation mentioned in this section; | ||
- | + | 7. Historical monuments, documents and other items which bear witness to the past of the Nation. The law shall determine the procedure by which such items shall revert to the State when held by private persons under any title; and | |
- | + | 8. Archaeological sites and objects, the exploitation, study and restoration of which shall be regulated by law. | |
- | + | Article 22 7. The following belong to the State and are of public use, and consequently may not be the object of private appropriation: | |
- | + | 1. The territorial sea and the waters of lakes and rivers; the shores and banks thereof and of navigable rivers; and ports and estuaries. All such property is for the free and common benefit, subject to the regulations established. by law; | |
- | + | 2. Lands and waters destined for public services and for any kind of communications; | |
- | + | 3. Lands and waters destined for or which the State may set aside for public irrigation services, hydroelectric production, drainage and water supply systems; | |
- | + | 4. The air space, the submarine continental shelf, and the bed and subsoil of the territorial sea; and | |
- | |||
- | + | 5. All other properties that the law defines as for public use. | |
- | + | In all cases in which privately owned property is converted by law into property for public use, the owner thereof shall be compensated. | |
- | + | Article 228. Concessions for the exploitation of the soil, subsoil and forests, and for the utilization of waters, means of communication or transportation and other public service enterprises, shall be based on the social welfare and the public interest. | |
- | + | Article 229. The artistic and historical wealth of the country constitutes the cultural heritage of the Nation and shall be under the guardianship of the State, which shall prohibit its destruction, exportation or transfer. | |
- | + | Article 230. The power of issuing currency belongs to the State, which may transfer it to official banks of issue, in the manner prescribed by law. | |
- | + | Article 231. There shall be no paper money of compulsory tender in the Republic. | |
- | + | Article 232. The law shall establish and regulate official or semiofficial banks, which shall operate as autonomous entities supervised by the State, and it shall determine the subsidiary responsibilities of the State with respect to the obli gations contracted by such banks. The law shall regulate the banking system. | |
- | + | Article 233. The law shall endeavor to see that all taxes are imposed upon the taxpayer in direct proportion to his economic capacity, subject to the need to raise public funds and protect domestic production. | |
- | + | Article 234. There may be established by law, for revenue purposes, official monopolies on imported articles or those not produced in the country. | |
- | + | Upon the establishment of a monopoly by virtue of which any person is de prived of the right to engage in a lawful business or industry, the State shall com pensate in advance those persons or enterprises whose business has been expro priated under the terms of this article. | |
+ | |||
+ | Article 235. No public expenditure may be made that has not been authorized in accordance with the Constitution or the law. Likewise, no item may be trans ferred to an object not included in the respective budget. | ||
+ | |||
+ | Article 236. All receipts and disbursements of the public treasuries must be included and authorized in the respective budget of revenues and expenditures. No revenues shall be collected through taxes unless established by law and no expendi tures shall be paid unless included in the budget. | ||
+ | |||
+ | Article 237. When it is necessary to make an expenditure for which insuffi cient funds or no funds have been voted, a supplemental or extraordinary appropria tion may be granted to the respective ministry. For this purpose, the National Legislative Council shall request an opinion from the Controller General of the Republic as to the practicability and suitability of this appropriation. | ||
All those who take part in this process shall be held responsible for their action. | All those who take part in this process shall be held responsible for their action. | ||
- | |||
- | The | + | Article 238. The execution or repair of national works, purchases made from state funds or funds of its autnomous or semiautonomous entities or of the municipalities, and the sale or lease of property belonging thereto, shall be ef fected by public bidding except in the cases specified by law. |
- | + | The law shall establish measures to ensure in all bidding the maximum bene fit to the State and full justice in the award. | |
- | + | ||
- | + | Chapter II | |
- | + | The Controller General of the Republic | |
- | + | Article 23 9. There shall be an independent state agency known as the Office of the Controller General of the Republic. It shall be directed by a public official known as the Controller General, assisted by a Deputy Controller. They shall be appointed for a term concurrent with that of the President of the Republic, during which they may be suspended or removed only by the Supreme Court of Justice on grounds defined by law, Their appointment shall be effective on the first of January following each Presidential election. | |
- | + | The qualifications to be Controller or Deputy Controller General of the Repub lic are: to be a Panamanian citizen by birth, to have reached thirty-five years of age, and not to have been convicted of an offense against the public order. | |
- | The Office of the Controller | + | Article 240. The functions of the Office of the Controller General, in addi tion to those prescribed by law pursuant to the preceding article, are the following: |
- | + | l. To maintain the national accounts, including those of the internal and external debt; | |
- | + | 2. To supervise, regulate and control all acts of management of funds and other public property, so that they will be executed correctly and as provided by law. | |
- | + | The Office of the Controller shall determine the cases in which it shall exercise both prior and subsequent control over the management of funds, and cases in which it shall exercise only the latter; | |
- | + | 3. To examine, audit and close the accounts of public officials, persons or entities which administer, manage or safeguard funds or other public property. Matters pertaining to penal responsibility are within the com petence of the ordinary courts; | |
- | + | 4. To conduct inspections and investigations in order to determine the regularity or irregularity of operations affecting public assets, and, if appropriate, to present the corresponding denouncements; | |
- | + | 5. To request reports from public officials on the fiscal management of national, provincial, municipal, autonomous or semiautonomous entities; | |
- | + | 6. To devise and promote the adoption of measures necessary to provide credits for public entities; | |
- | |||
- | |||
- | |||
- | |||
- | + | 37 | |
- | + | ||
+ | |||
+ | 7. To request a declaration of unconstitutionality or illegality of laws and other acts in violation of the Constitution or the law which affect the public assets; | ||
+ | |||
+ | 8. To establish the accounting procedures of the public entities mentioned in section 5 of this article; | ||
+ | |||
+ | 9. To report to the Executive Organ on the financial condition of the public administration, and to submit opinions on the feasibility or desirability of granting supplemental or extraordinary appropriations; | ||
+ | |||
+ | 10. To direct and compile the national statistics; | ||
+ | |||
+ | 11. To appoint the employees of its departments, in accordance with this Constitution and the law; | ||
+ | |||
+ | 12. To present an annual report on its activities to the Executive Organ and to the National Assembly; and | ||
+ | |||
+ | 13. To audit the accounts of financial officers and employees when corn plaints are made as to alleged irregularities in such accounts. | ||
+ | |||
+ | Title XI | ||
+ | |||
+ | The National Economy | ||
+ | |||
+ | Article 241. Engaging in economic activities is primarily the function of private persons. However, the State shall guide, direct, regulate, replace or initiate such activities, in accordance with social needs and within the standards of this Title, for the purpose of increasing the national wealth and ensuring its benefits to the greatest possible number of inhabitants of the country. | ||
The State shall plan economic and social development, through specialized agencies or departments whose organization and functioning shall be determined by law. | The State shall plan economic and social development, through specialized agencies or departments whose organization and functioning shall be determined by law. | ||
- | + | Article 242. In order to achieve the purposes mentioned in the preceding article, the law shall provide that the following measures be taken: | |
- | 1. To establish commissions of technicians or experts to study the | + | 1. To establish commissions of technicians or experts to study the condi tions and possibilities of all types of economic activities and to make recommendations for their development; |
- | 2. To promote the establishment of private enterprises that will function in accordance with the recommendations mentioned in the preceding | + | 2. To promote the establishment of private enterprises that will function in accordance with the recommendations mentioned in the preceding sec tion; to establish state companies and encourage the formation of mixed companies with state participation. State companies may be established to meet social needs and for public security and the public interest; |
- | 3. To establish credit and development institutions or other appropriate facilities to serve those engaged in small-scale economic activities; | + | 3. To establish credit and development institutions or other appropriate facilities to serve those engaged in small-scale economic activities; |
- | 4. To establish classroom and practical centers for instruction in the areas of commerce, farming, stockraising, tourism, arts and crafts (including manual arts), and for the training of workmen and specialized industrial managers. | + | 4. To establish classroom and practical centers for instruction in the areas of commerce, farming, stockraising, tourism, arts and crafts (including manual arts), and for the training of workmen and specialized industrial managers. |
- | + | 38 | |
- | |||
- | + | Article 243. The State shall participate in any kind of private enterprise, in accordance with the regulations established by law, to ensure the social justice to which this Constitution refers, and especially for the following purposes: | |
- | 3. To coordinate services and the production of goods. | + | 1. To regulate, through special agencies, the rates, services and prices of items of any nature, and especially those of basic necessity; |
+ | |||
+ | 2. To demand proper efficiency in services and adequate quality in the articles mentioned in the preceding section; | ||
+ | |||
+ | 3. To coordinate services and the production of goods. | ||
The law shall define articles of basic necessity. | The law shall define articles of basic necessity. | ||
- | + | Article 244. The majority of the capital of public utility enterprises operating in the country must be Panamanian, with the exceptions permitted and defined by law. | |
- | + | Article 245. The State shall create public utility enterprises through autono mous or semiautonomous entities or by other suitable means. In the same manner, it shall assume ownership, by expropriation and indemnification, of public utility enterprises belonging to private persons, when authorized by law and necessary for the collective welfare. | |
- | + | Article 246. In areas or regions in which the level of social and economic development so requires, the State may establish autonomous or semiautonomous national, regional or municipal institutions, to promote the comprehensive develop ment of the sector or region. These institutions may coordinate state and munici pal programs in cooperation with the Municipal or Inter-Municipal Councils. The law shall regulate the organization, jurisdiction, financing and supervision of such development institutions. | |
- | + | Article 247. It is a duty of the State to promote and supervise cooperatives, and the necessary institutions shall be established for this purpose. The law shall prescribe a special regime for their organization, functioning, recognition and registration, which shall be free. | |
- | + | Article 248. The State shall regulate the proper utilization of land in accord ance with its potential use and national development programs, so that it will yield optimum benefits. | |
- | + | Article 249. No foreign government or foreign official or semiofficial entity or institution may acquire title to any part of the national territory, except for embassies in the manner prescribed by law. | |
- | + | Article 250. Foreign natural or juridical persons, and national juridical persons having foreign capital in whole or in part, may not acquire ownership of national or private lands situated less than ten kilometers from the borders. | |
- | Island territory may be transferred only for specific purposes of national development and under the following conditions: | + | Island territory may be transferred only for specific purposes of national development and under the following conditions: |
- | 1. When it is not classified as a strategic area or reserved for government programs; | + | 1. When it is not classified as a strategic area or reserved for government programs; |
- | 2. When it is declared to be a special development area and legislation has been enacted for its development, provided that the national security is guaranteed. | + | |
+ | |||
+ | 39 | ||
+ | |||
+ | |||
+ | 2. When it is declared to be a special development area and legislation has been enacted for its development, provided that the national security is guaranteed. | ||
The alienation of island territory does not affect state ownership of goods for public use. | The alienation of island territory does not affect state ownership of goods for public use. | ||
- | In the preceding cases, legitimately acquired rights existing at the time this Constitution becomes effective shall be respected, but the property in question may be expropriated at any time upon payment of adequate compensation. | + | In the preceding cases, legitimately acquired rights existing at the time this Constitution becomes effective shall be respected, but the property in question may be expropriated at any time upon payment of adequate compensation. |
- | + | Article 251. There shall be no property that may not be freely alienated, or irredeemable obligations, except as provided in Articles 57 and 116. However, temporary limitations on the right of alienation and conditions or terms that sus pend or postpone the redemption of obligations shall be valid for a maximum period of twenty years. | |
- | + | Article 252. Only the following may engage in retail trade: | |
- | 1. Panamanians by birth; | + | 1. Panamanians by birth; |
- | 2. Individuals who, at the time this Constitution takes effect, are | + | 2. Individuals who, at the time this Constitution takes effect, are natural ized and married to a Panamanian national or who have children by a Panamanian national; |
- | 3. Naturalized Panamanians included in the preceding case, after three years from the date of obtaining their final papers; | + | 3. Naturalized Panamanians included in the preceding case, after three years from the date of obtaining their final papers; |
- | 4. National or foreign juridical persons and foreign natural persons who, at the time this Constitution takes effect, are engaged in retail trade | + | 4. National or foreign juridical persons and foreign natural persons who, at the time this Constitution takes effect, are engaged in retail trade ac cording to law; and |
- | 5. Juridical persons formed by Panamanians or by foreigners authorized to engage in retail trade individually in accordance with this article, as well as those who, although not constituted in a manner herein provided, are engaged in retail trade at the time this Constitution takes effect. Foreigners not authorized to engage in retail trade may, however, | + | 5. Juridical persons formed by Panamanians or by foreigners authorized to engage in retail trade individually in accordance with this article, as |
+ | well as those who, although not constituted in a manner herein provided, are engaged in retail trade at the time this Constitution takes effect. Foreigners not authorized to engage in retail trade may, however, par ticipate in those companies which sell their own manufactured products. | ||
Retail trade is defined as engaging in sales to the consumer or as the agent or representative of producing or commercial firms, or in any other activity which the law classified as pertaining to such trade. | Retail trade is defined as engaging in sales to the consumer or as the agent or representative of producing or commercial firms, or in any other activity which the law classified as pertaining to such trade. | ||
- | Excepted from this rule are farmers and manufacturers in manual | + | Excepted from this rule are farmers and manufacturers in manual indus tries who sell their own products. |
+ | |||
+ | The law shall establish a system of supervision and sanctions to prevent those persons who pursuant to this article may not engage in retail trade from doing so through intermediaries or in any other fraudulent manner. | ||
+ | |||
+ | Article 253. Wholesale trade is defined as that which is ·not included in the preceding article, and any natural or juridical person may engage in it. However, when it is necessary to protect wholesale trade operated by Panamanians, the law may restrict the exercise of such trade by foreigners. Such restrictions shall in | ||
+ | |||
+ | |||
+ | no case affect foreigners who, at the time the pertinent provisions go into effect, are legally engaged in wholesale trade. | ||
+ | |||
+ | Article 254, Any combination, contract, or action which tends to restrict or prevent free trade and competition and which has the effect of a monopoly in detri ment to the public is prohibited in commerce and industry. | ||
+ | |||
+ | Such actions include the operation by a single natural or juridical person of groups or chains of commercial retail establishments, in a manner that ruins or tends to eliminate the competition of small tradesmen or industrialists, | ||
+ | |||
+ | Any individual may take action before the courts to contest the execution of any combination, contract or action having as its purpose the establishment of monopolistic practices. The law shall regulate this matter. | ||
+ | |||
+ | Article 255, The law shall regulate hunting, fishing and the exploitation of forests, to ensure their renewal and the continuation of their benefits. | ||
+ | |||
+ | Article 256. Only the State may operate games of chance and activities involving betting. | ||
+ | |||
+ | The law shall regulate all games of chance and betting activities, regardless of the system. | ||
+ | |||
+ | Article 257. There shall be no private monopolies. | ||
+ | |||
+ | Title XII Public Employees | ||
+ | Chapter I | ||
+ | |||
+ | Basic Provisions | ||
+ | |||
+ | Article 258, Public employees are persons appointed temporarily or perma nently to positions in the Executive, Legislative or Judicial Organs, the municipali ties, and autonomous and semiautonomous entities; and in general those who re ceive remuneration from the State. | ||
+ | |||
+ | Article 2 59. Public employees shall be of Panamanian nationality and shall be appointed without discrimination for reasons of race, sex, religion or political affiliation. Their appointment and removal may not be the absolute and discre tional prerogative of any authority, except as provided in this Constitution, | ||
+ | |||
+ | Public employees shall be governed by the merit system. Stability in their positions shall depend on their competence, loyalty and morality in service. | ||
+ | |||
+ | Article 260. Students and graduates of educational institutions shall render temporary services to the community before freely practicing their profession or trade under the compulsory Civil Service instituted by this Constitution. The law shall regulate this matter. | ||
- | |||
- | + | Chapter II | |
- | + | Basic Principles of Personnel Administration | |
- | + | Article 261. The rights and duties of public employees, as well as the prin ciples governing appointment, promotion, suspension, transfer, dismissal, separa tion and retirement shall be established by law. | |
- | + | Appointments of career personnel shall be based on the merit system. | |
- | + | Public employees are obliged to personally discharge their functions, to which they shall dedicate their maximum capabilities and for which they shall receive a fair remuneration. | |
- | + | Article 262. Public employees may not receive two or more salaries paid by the State, except in special cases determined by law, nor may they hold positions with simultaneous periods of work. | |
- | The | + | The pensions of public employees shall be based on actuarial studies and reasonable budgetary allocations. |
- | + | Article 263. The President and Vice-President of the Republic, the Magis trates of the Supreme Court of Justice and of the other ordinary or special courts, the Attorney General of the Republic and the Solicitor General, Judges, Ministers of State, the Controller General of the Republic, the President of the National Assembly of Municipal Representatives, members of the General Staff of the Na | |
+ | tional Guard, members of the Legislative Commission, and all chief public officials | ||
+ | must make a sworn declaration of their assets upon taking and leaving office. There shall be no charge to the declarant for this service. The law shall regulate the matter. | ||
- | + | Chapter III | |
- | + | ||
- | + | ||
- | + | Organization of Personnel Administration | |
- | + | Article 264. The following careers are established in the public service, in accordance with the merit system: | |
- | + | l. The Administrative Career; | |
- | + | 2. The Judicial Career; | |
- | + | ||
- | + | 3. The Teaching Career; | |
- | + | 4. The Diplomatic and Consular Career; | |
- | + | 5. The Health Career; | |
- | The | + | 6. The Military Career; and |
- | + | 7. The others instituted by law. | |
- | + | The law shall regulate the structure and organization of these careers in accordance with the needs of the Administration. | |
- | + | ||
- | |||
- | + | Article 26 5. Official departments shall function on the basis of a Manual of Procedures and a Position Classification Manual. | |
- | + | Article 266. The following are not part of the public careers: | |
- | + | 1. Public employees whose appointments are regulated by this Constitution; | |
- | + | 2. Directors and deputy directors of autonomous and semiautonomous enti ties, public officials appointed for a specific time or for fixed periods established by law, and those serving in honorary positions; | |
- | + | 3. Secretarial and service personnel immediately attached to public officials who are not part of any career; | |
- | + | 4. Public officials with authority and jurisdiction who are not part of a career; | |
- | + | 5. Professionals, technicians or manual workers required for temporary or special services in the ministries and in autonomous and semiautonomous institutions; | |
- | + | 6. Public employees whose positions are covered by the Labor Code; and | |
- | + | 7. The chiefs of diplomatic missions as determined by law. | |
- | + | Chapter IV General Provisions | |
+ | Article 267. The provisions of Articles 187, 190, 192, 193, 194 and 196 | ||
+ | shall be applied in accordance with the principles set forth in this Title. | ||
- | + | Article 268. Public employees may not enter into contracts, on their own behalf or through intermediate persons, with the department or agency in which they work when such contracts are for profit and are unrelated to the service they render. | |
- | + | Title XIII | |
- | + | National Defense and Public Security | |
- | + | Article 269. The national defense and public security shall be the responsi bility of an institution called the National Guard. Its functioning and salary scale shall be regulated by law. | |
- | + | Article 2 70. All Panamanians are obliged to bear arms to defend the national independence and territorial integrity of the State, except as provided in Article 16 of this Constitution. The law shall regulate the enforcement of this provision and the conditions for exemption from compliance with it. | |
- | + | Article 271. The Government alone may possess arms and implements of war. Previous permission from the Executive is required for their manufacture, importation and exportation. The law shall define weapons which are not classified as arms of war and shall regulate their importation, manufacture and use. | |
- | + | Final Provisions | |
- | + | ||
- | + | Article 272. This Constitution shall enter into force on October 11, 1972. | |
- | + | Article 2 73. All laws and other legal provisions contrary to this Constitution are hereby repealed, except those pertaining to parental power and support, the contrary parts of which shall continue in effect for a period not exceeding twelve months from the date this Constitution enters into force. | |
- | + | ||
- | + | Transitory Provisions | |
- | + | Article 274. Treaties which may be signed by the Executive Organ with respect to the Panama Canal, its adjacent zone, and the protection of the said Canal, and for the construction of a new Canal at sea level or of a third set of locks, shall be submitted to a national plebiscite. | |
- | + | Article 275. The Municipal Representatives elected on August 6, 1972 shall install the Municipal Councils on October 15, 1972. For purposes of the exercise of their functions, it is understood that the first session of the National Assembly of Municipal Representatives has taken place during the period from September 11 to October 11, 1972. | |
- | + | ||
- | + | The District of San Blas and the Municipality of Puerto Obaldfa shall form the Provincial Coordinating Council of San Blas, and the Municipal Representatives of the District of San Blas and Puerto Obaldfa shall be members thereof. | |
- | + | Article 276. The Executive Organ shall determine the initial number of mem bers of the Legislative Commission and shall appoint them for a term beginning on the effective date of this Constitution; likewise, it shall establish the procedure by which their internal regulations shall be approved. | |
- | + | ||
- | + | Article 277. Brigadier General Omar Torrijos Herrera, Commander in Chief of the National Guard, is recognized as Maximum Leader of the Panamanian Revolution. Consequently, and to ensure the fulfillment of the objectives of the revolutionary process, he is authorized to exercise the following powers for a period of six years: to coordinate all work of the public administration; to appoint and remove freely the Ministers of State and members of the Legislative Commis | |
+ | sion; to appoint the Controller General and Deputy Controller General of the Repub lic, the General Directors of autonomous and semiautonomous entities, and the Magistrate of the Electoral Court to be appointed by the Executive, as provided in this Constitution and the law; to appoint the chiefs and officers of the Public Forces in accordance with this Constitution, the law and the Military Register; to appoint, with the approval of the Cabinet Council, the Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, the Solicitor General, and their re spective alternates; to approve the execution of contracts and the negotiation of loans; and to direct foreign relations. | ||
- | + | In addition, General Omar Torrijos Herrera shall be empowered to attend meetings of the Cabinet Council and the National Legislative Council with voice and vote, and to participate with voice in the deliberations of the National Assembly of Municipal Representatives, the Provincial Coordinating Councils and the Comnlu nity Boards. | |
- | + | Done in Panama City, October 11, 1972. | |
- | |||
- | + | President: (s) ELIAS ARIEL CASTILLO G. | |
- | + | Vice -Presidents: | |
+ | (s) ARSENIO TROTMAN Bocas del Toro | ||
- | + | (s) | |
+ | CESAR PARDO | ||
+ | Cocle | ||
- | + | (s) | |
+ | ANASTASIA MITRE | ||
+ | DE | ||
+ | DELGADO | ||
+ | Colon | ||
- | (s) | + | (s) |
- | + | JUVENCIO VALDES | |
+ | Chiriqu! | ||
- | |||
- | |||
- | (s) | + | (s) JULIO C. QUINTANA R. Darien |
- | + | ||
- | (s) | + | (s) |
- | + | JOSE OCTAVIO HUERTAS | |
+ | Jr. | ||
+ | Herrera | ||
- | (s) | + | (s) |
- | + | ITURBIDE GONZALEZ | |
+ | Los Santos | ||
- | (s) | + | (s) |
- | + | NORBERTO DOMINGUEZ | |
+ | Panama | ||
- | (s) | + | (s) |
- | + | JAVIER HERRERA | |
+ | Veraguas | ||
- | (s) | + | (s) |
- | + | ARCADIO MARTINEZ | |
+ | San Blas | ||
- | |||
- | |||
- | + |  | |
- | + | ||
[[Category:Nations|Panama, 1972, Constitution of the Republic of]] | [[Category:Nations|Panama, 1972, Constitution of the Republic of]] |