Draft bill 111.

Summary.

The draft bill recognizes the issuance of implementing regulations for laws as a function of the Executive Branch (Órgano Ejecutivo), under Article 184 of the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It links that function to the effective implementation of laws approved by the National Assembly (Asamblea Nacional). On that basis, it sets rules for identifying when regulations are required and for specifying the time allowed to issue them.

Every law promulgated after the proposed law takes effect would have to state expressly whether it requires implementing regulations. If it does, that law would also have to specify the period within which the Executive Branch must issue the relevant regulation by resolution. The requirement to state whether regulations are needed applies to later laws generally; the requirement to set a deadline applies when a law states that it needs them.

For laws requiring regulations, the period granted to the Executive Branch may not exceed six (6) months from the date on which the law is promulgated. A different period may be set in the law itself when the technical or procedural nature of the subject warrants it. The draft bill thus establishes a general time limit for the issuance of regulations while allowing the law concerned to provide an exception based on the nature of its subject matter.

The text also addresses laws promulgated before the proposed law takes effect that, at the time addressed by the provision, remain without implementing regulations. It would require the Executive Branch to issue those regulations within a maximum period of one (1) year from the promulgation of the proposed law. This provision gives a deadline for outstanding regulations under earlier laws, while the preceding provisions govern laws promulgated after the proposed law takes effect.

Where the deadline for regulating a law is missed without justification, the National Assembly would be empowered to initiate a motion of censure against the minister of state responsible for the subject matter. That process would follow the Constitution (Constitución) and the Internal Rules of the National Assembly (Reglamento Interno de la Asamblea Nacional). Any citizen could also bring the corresponding judicial remedies before the competent authorities to require the Executive Branch to fulfill its duty to issue regulations when it has failed to do so within the time prescribed by law. The proposed law would take effect upon its promulgation.

The draft bill concerns the Executive Branch and the National Assembly, as well as citizens who may seek relief before judicial authorities. Its rules on implementing regulations could affect economic and social sectors governed by laws that require regulations for their implementation.