Summary.
Article 1 proposes adding Chapter I-A, entitled “Motion of Censure,” to Title X of Law 49 of 1984 (Ley 49 de 1984). The chapter would contain Articles 212-A, 212-B, and 212-C. Through this addition, the Organic Rules of Internal Procedure of the National Assembly (Asamblea Nacional) would set out how a motion of censure against a Minister of State in Panama is initiated, debated, and decided. The motion would have to be submitted in writing six days before the sitting at which it is to be debated and signed by at least half of the members of the National Assembly. It would also have to include a draft resolution for debate and voting in the plenary session.
Once the motion of censure has been initiated, the Minister of State concerned would be summoned for the day of the debate. Ministers of State could exercise the right to speak during that debate in accordance with the Assembly’s rules. The bill places the summons and the minister’s opportunity to speak within the plenary procedure, following submission of the written motion and before the resolution is decided.
Under proposed Article 212-C, approval of the motion would require the votes of two thirds of the Assembly. If that threshold is met, the National Assembly would notify the President of the Republic within the following two business days so that the President may make a new appointment under paragraph 1 of Article 183 of the Political Constitution (Constitución Política). If the motion does not obtain the required majority, the Assembly would also inform the President of the Republic of what occurred. Article 2 restates that the addition to Law 49 of 1984 comprises the new chapter and Articles 212-A, 212-B, and 212-C.
Article 3 would require the National Assembly to prepare and publish a consolidated text of the Organic Rules of Internal Procedure, with consecutive numbering, by a Resolution of its Presidency. It would have to do so within a period not exceeding six (6) months from promulgation of the proposed law. The consolidated text would incorporate all amendments, reforms, additions, and repeals in force as of that date, for the stated purpose of facilitating interpretation, application, and dissemination of the rules. Article 4 provides that the proposed law would take effect on the day following its promulgation.
The bill concerns the National Assembly and the Presidency of the Republic, as well as the ministries whose heads could be subject to the procedure. Its provisions would also be relevant to participants in parliamentary proceedings and to those applying the Organic Rules of Internal Procedure.
What it proposes.
- Parliamentary procedure for motions of censure against Ministers of State.
- Summons, debate, voting, and communication of the outcome.
- Preparation and publication of a consolidated text of the Organic Rules of Internal Procedure.
Who it would affect.
- Members of the National Assembly (Asamblea Nacional).
- Ministers of State subject to a proposed motion of censure.
- The President of the Republic.
Key points.
- A motion of censure would have to be submitted in writing six days in advance and signed by at least half of the members of the National Assembly.Art. 1
- The motion would have to include a draft resolution for debate and voting in the plenary session.Art. 1
- The minister concerned would be summoned for the day of the debate and could exercise the right to speak in accordance with the Assembly’s rules.Art. 1
- Approval would require the votes of two thirds of the Assembly and would be communicated to the President of the Republic within the following two business days for a new appointment.Art. 1
- If the motion did not obtain the required majority, the Assembly would also inform the President of the Republic of what occurred.Art. 1
- The addition to Law 49 of 1984 would comprise Chapter I-A and Articles 212-A, 212-B, and 212-C.Arts. 1-2
- The National Assembly would prepare and publish a consolidated text of its rules by a Resolution of its Presidency within a period not exceeding six (6) months from promulgation.Art. 3
- The proposed law would take effect on the day following its promulgation.Art. 4