Bill 92.

Summary.

The bill aims to establish a transparent, equitable and rigorous procedure for filling public offices whose appointments are made by the National Assembly. It amends Article 53 of Law 49 of 1984, which adopts the Assembly’s Organic Rules of Internal Procedure (Reglamento Orgánico del Régimen Interno), and sets out the responsibilities of the Committee on Government, Justice and Constitutional Affairs (Comisión de Gobierno, Justicia y Asuntos Constitucionales). These cover, among other matters, amendments to the Political Constitution, bills returned by the Executive Branch (Órgano Ejecutivo) as unconstitutional, extraordinary powers, presidential leave, amnesty, migration, electoral legislation, public security, human rights, and matters involving drugs and drug trafficking. They also include communications and complaints sent from abroad to the National Assembly concerning human rights violations in Panama.

The bill adds Article 70-A to Law 49 of 1984. It provides for the establishment of a Technical Commission on Merit and Evaluation when the National Assembly exercises appointment or designation powers under the Political Constitution and the law. Its sole role would be to give lawmakers a technical or specialized recommendation, on a nonbinding, unpaid basis, based on candidates’ résumés. The text lists the offices of comptroller and deputy comptroller, ombudsman, judges of the Electoral Tribunal (Tribunal Electoral) and the Court of Accounts (Tribunal de Cuentas), a judge of the Public Service (Función Pública), and the director on the Canal Board of Directors (Junta Directiva del Canal) designated by the Legislative Branch (Órgano Legislativo). The commission would have no more than 25 civil society members. Members must be adults, have civil and political rights and good moral standing, hold a university degree in one of the specified fields, and have at least 5 years of professional experience. Certain family relationships with authorities and applicants, including members of the Cabinet Council (Consejo de Gabinete), would disqualify them.

Proposed Article 70-B regulates the commission’s membership. The president of the National Assembly would open the call for applications no later than the third day of the first session of the first legislative year. A resolution would set the requirements and procedure, require approval by an absolute majority through an ordinary electronic vote, and be published within 3 business days in newspapers and institutional and digital media. Interested persons would have 5 days to submit their documents in person to the Office of the Secretary General (Secretaría General). That office would verify compliance with the requirements; the Committee on Credentials, Rules, Parliamentary Ethics and Judicial Affairs (Comisión de Credenciales, Reglamento, Ética Parlamentaria y Asuntos Judiciales) would select the members; and the Office of the Secretary General would notify them and publish the selection resolution. Those selected would have 2 business days to agree on a work plan. The commission’s term would be 2 years and 6 months, after which a new call would be held without reelection of the same members for the following term.

The amendment to Article 211 of Law 49 of 1984 governs appointments to the offices covered by Articles 161, 281 and 318 of the Political Constitution of the Republic of Panama and to other offices provided for by law. It calls for a resolution opening applications, approved by the plenary, publication for 3 business days, and 5 business days to submit documents. The Office of the Secretary General would publish the list of candidates; the technical staff of the Committee on Credentials and the Technical Commission on Merit and Evaluation would verify requirements and provide assessment criteria. Committee interviews, shortlisting by roll call vote, delivery of the results to lawmakers, and review of résumés would follow. Candidates would then be presented and interviewed in the plenary, followed by an electronic vote. Election would require an absolute majority; if no candidate obtained one, an immediate vote would be held between the 2 candidates with the most votes. The appointment would be confirmed by resolution, followed by the oath of office and publication in the Official Gazette (Gaceta Oficial), while the proceedings would be broadcast live.

The bill also amends Article 6 of Law 7 of February 5, 1997, to make the election of the head of the Office of the Ombudsman subject to those appointment rules. Its final provision calls for it to enter into force on the day after its promulgation in the Official Gazette. Given its content, it concerns the National Assembly, its committees and the Office of the Secretary General, as well as the Electoral Tribunal, the Court of Accounts, the Office of the Ombudsman and the Canal Board of Directors; it may be of interest to applicants, professionals in the required fields and civil society organizations.