Categories: Opinion

The Trade Commission violated the Constitution and the Desiderata

I must note that my own Supreme Court of Justice he mentioned this fact, expressing his sound legal criteria in the sense that the mentioned Commission is not in accordance with the clear constitutional mandate, which was to “approve or disapprove contracts in which the state is an art or has an interest”, that is, The court condemned the actions of the former Commissionorphans of constitutional support and this must be clear to current and future representatives who will be elected in the elections in May 2024, because they cannot invent formulas that do not have shelter or protection in the Constitution.

This is what I made known before the verdict Court, in my public and repeated interventions in the media or social networks, since I warned that it is Commerce Commission acted in clear abuse of authority or overstepping of duty.

In its decision of November 27, 2023, the court stated it categorically as follows: “Without questioning the above, the Plenary Session observes a series of irregularities in the procedure that led to the adoption of Law no. 406 from 2023, while National Assembly or you can ask Executive to withdraw the Bill no. 1043 (predecessor of law no. 1100); nor, nor, did he propose to devote himself to the observations he had given.

Report an omission Commercial and economic affairs in connection with the first discussion of the project de Law no. 1100, which approves Mining Concession Agreement celebrated between the STATE and on the company MINERA PANAMA, SA, of October 19, 2023, documents that at the session held on September 28, 2023, Decision No. 2.

The majority of members decided to end the discussion of the first debate on the Bill no. 1043 and recommend Executive body withdrawal of the projectin order to respond to citizens’ remarks.

In the same document, it is stated that on October 16, 2023, it will be handed over to Plenary session of the National Assembly Project Act no. 1100 titled in the same way as project no. 1043, but contains 4 changes.

1. Abolition of expropriation clauses; 2) Removal the possibility of mining Panama, SA., could request airspace restrictions; 3. Exclusion of the possibility of granting concessions for the exploration of gold, silver and molybdenum and 4) Inclusion of a clause that reaffirms contractual respect for sovereignty Republic of Panama.

This action created a procedure according to the established procedure, which is not legitimized, because it deviates from constitutional mandate provided for in article 159, number 15 lex cit., which allows only the approval or rejection of the contract.

Furthermore, it is clear that the actions of v Committee on Trade and Economic Affairsproposing to resolve the doubts that implied the amendment of the contract, presented for approval or disapproval, through the bill no. 1043, encroaches on the exclusive power conferred by Political Constitution, Cabinet Council, in paragraph 3 of Article 200 of the Lex cit., which says: “It is agreed on the conclusion of contracts, the contracting of loans and the alienation of movable or immovable state property, as determined by law.” (Supreme Court, plenary

Decision on the unconstitutionality of November 27, 2023, Law no. 406/23, pages 171, 172 and 173).

In conclusion, there is no doubt that it is National Assembly Commission for Trade and Economic Affairs It exceeded its functions and allegedly exceeded the constitutional provisions mentioned in this article. Usurped functions and powers assigned Cabinet Councilthe only institutional entity that, according to the Law, can negotiate contracts of this nature, as already explained.

I want to express, in this last article of opinion for 2023, may God allow the coming year, 2024, to come with its Supreme and holy blessingfull of endless manifestations of health, peace, justice and well-being for the entire population of this vast and beautiful country.

May gifts of prosperity come to the nation, rewards of joy to the oppressed, health to ill, honesty for politicians, honesty For those who run the state treasury, for respecting the dignity of fellow citizens and for politicians to realize once and for all that they are indebted to the people and that Christ is sovereign!

God bless the country!

Source: Panama America

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