Summary.
The draft bill establishes rules for the timely issuance of implementing regulations for laws and mechanisms to enforce that duty. Its scope covers laws enacted after the proposal enters into force and earlier laws that still lack regulations. It structures the regulatory duty by requiring future laws to identify whether regulations are needed, setting deadlines for their issuance, and allowing judicial action when the applicable deadline passes without the regulations being issued.
The text recognizes the issuance of implementing regulations 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, every law enacted after the proposed measure enters into force 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 corresponding regulations. The decision on whether regulations are required, together with the deadline for issuing them, would therefore appear in each future law.
For a law that requires implementing regulations, the draft bill generally limits the period granted to the Executive Branch to six (6) months from the law’s promulgation. The law itself may set a different period where the technical or procedural nature of its subject matter warrants one. The proposal also addresses laws promulgated before it enters into force that lack implementing regulations at the time contemplated by the text. The Executive Branch would have to issue regulations for those laws within a maximum of one (1) year from the promulgation of the proposed law. This provision applies to earlier laws awaiting regulations as a group, without identifying a particular law.
If the Executive Branch fails to perform its duty to issue regulations within the periods established by law, any citizen may bring the corresponding judicial remedies before the competent authorities to require performance of that duty. The draft bill provides that the proposed law would take effect upon promulgation. It does not expressly amend or repeal another enactment; it sets general rules for future laws and a deadline concerning earlier laws that remain without implementing regulations.
The public bodies connected with these provisions are the Executive Branch, which would issue the regulations, and the National Assembly, whose approved laws are subject to implementation through regulations. The competent judicial authorities would also be involved in hearing remedies brought by citizens. The proposal could concern people and economic or social sectors governed by laws that require implementing regulations for their application.
What it proposes.
- Issuance of implementing regulations by the Executive Branch.
- Express identification of whether future laws require regulations.
- Deadlines for regulations and judicial remedies to enforce the regulatory duty.
Who it would affect.
- Executive Branch.
- National Assembly when approving future laws.
- Citizens seeking judicial enforcement of the duty to issue regulations.
- People subject to laws requiring implementing regulations.
Key points.
- Establishes rules for timely implementing regulations and mechanisms to enforce the duty to issue them.Art. 1
- Recognizes that issuing implementing regulations is a function of the Executive Branch under Article 184 of the Political Constitution of the Republic of Panama.Art. 2
- Requires each future law to state whether it needs implementing regulations and, if so, to set the deadline for issuing them.Art. 3
- Generally limits the deadline to six (6) months from promulgation, while allowing the law itself to set a different period for technical or procedural matters.Art. 4
- Gives the Executive Branch a maximum of one (1) year from promulgation of the proposed law to issue regulations for earlier laws that lack them.Art. 5
- Allows any citizen to seek the corresponding judicial remedies to require issuance of regulations after the statutory deadline passes.Art. 6
- Provides that the proposed law would take effect upon promulgation.Art. 7