Many with citizens who asked me to express my opinion regarding the fact that without a Panamanian born who has not been restored his rights inherent in citizenship, after tacitly renounced it, against another nation, if he can run for the presidency of the country.
Far from any subjectivity, as I have also given my legal opinion in the past regarding s the case of Juan Bosco VallarinoI continue with the answer to the question, trying to be very accurate, categorical, objective and precise.
Political rights are regulated in The National Constitution in Chapter IV, so called, from Article 131 and the first two chapters of the mentioned title, the first and second, refer to what concerns citizenship and voting rights.
The third chapter edits related to the electoral court. It is important for us to deal with the constitutional provisions that regulate the issues of citizenship and the exercise of political rights.
In that order, we have that article 132 prescribes, literally, those political rights and the ability to hold public positions with command and jurisdiction (that is, being President of the Republic), are reserved for citizens of Panama. The next article, that is 133, literally says that the exercise of citizens’ rights is suspended: 1. For the reasons stated in article 13 of this Constitution and 2. For punishment in accordance with the Law, Article 134 stipulates that the Law will regulate the suspension and restoration of citizenship.
As stated, the constitutional norm refers to reading Article 13 of the Magna Carta, which provides that Panamanian citizenship by descent or acquired by birth shall not be lost, but express or tacit renunciation thereof shall suspend citizenship. The third paragraph of this article asserts that express renunciation of citizenship occurs when a person declares in writing to the executive authority his willingness to abandon it; and tacit resignation when acquiring another citizenship or entering the service of an enemy state.
That said, if a citizen, Panamanian by birth, acc of what the Constitution prescribes in terms of tacit renunciation, which occurs when acquiring another citizenship, e.g. citizenship North American (USA), wants to participate in the electoral contest, in accordance with the electoral process of the general elections held in Panama after the end of the political period of the government, has not requested and has not yet been granted the re-establishment or rehabilitation of those citizenship rights, as Panamanian, as defined in article 161 section 10 National constitution, which attributes sole and exclusive jurisdiction National Assembly of Deputies restore, it is obvious, elementary, without looking for additional interpretationswho could not participate in the said election contest, not only for the position in the highest position magistrate of the Panamanian statebut also to any other public duty that contains the characteristics of “command and competence”.
This remains for the entry into teleology constitutional normsthat is, searching for the spirit, meaning and scope of its contents. it will fall by itself strive for the fact that whoever is a citizen of another nation or state, tacitly renouncing Panamanian citizenship and in the exercise of his political rights which were suspended, he pretended to be the ruler of a nation serving two masters, that is, on the one hand of the people before whom he sworeas a citizen, loyalty and fidelity, and on the other hand, before the nation in which he was born, but which later, after his resignation, left his political rights in
suspended state. Some can Clerk of the Electoral Court to rehabilitate the civil rights of those who found themselves in a legal scenario of tacit renunciation of citizenship and in a state of suspension of their political rights, including the right to vote and be elected in electoral tournaments?
There is only one categorical and decisive answer: It is not possible. The competition has, therefore, a great connotation, that is, its own Constitution establishes and asserts as a jurisdiction attributed to one state of the state, moreover, one The state body, that is, the National Assembly of Deputies, knowing about the request or demand for the re-establishment of citizenship and political rights, through their rehabilitation. Unless the process is completed or not and such rehabilitation is granted, any attempt to run for president Republic of Panama.
In the second order, the rehabilitation of political rights is not an issue that guides the ope legis, since it allows the development of a serious debate, in panama semicircle, if the affected person or potential person was giving signs transparent, airy, honest, categorical, to want to be under the umbrella of the state in which he was born and if this is an impeccable and unquestionable guarantee of independence, transparency and moral ability, absolute subjection Constitution and laws of Panama, in defense of their institutions and other connotations of our republican life.
The trivial argument that upon entering the Panamanian soilthe citizen regains his own political and civil rights, it is inappropriate, inappropriate and unfortunate. And as for what the Directorate is Civil registration which must issue a certificate, admittedly, but only on the suspension of such rights, and not on rehabilitation, which, as we have seen, is the exclusive task of the Assembly. God bless the country!
Source: Panama America
I am David Miller, a highly experienced news reporter and author for 24 Instant News. I specialize in opinion pieces and have written extensively on current events, politics, social issues, and more. My writing has been featured in major publications such as The New York Times, The Guardian, and BBC News. I strive to be fair-minded while also producing thought-provoking content that encourages readers to engage with the topics I discuss.
