Bill 496.

Summary.

The bill defines the Attorney General’s Office for Administration (Procuraduría de la Administración) as part of the Public Prosecution Service (Ministerio Público), with nationwide jurisdiction and functional, administrative and budgetary independence. It assigns the institution the promotion and defense of the rule of law and oversight of compliance with the Political Constitution (Constitución Política), statutes, judicial decisions and administrative provisions. Its remit covers the State’s legal and administrative affairs, while excluding adjudicative and legislative functions and powers reserved to other public bodies. It defines terms including legal consultation, complaint, administrative report, working day and the nonbinding nature of legal opinions.

In judicial matters, the institution would alternate in constitutional review proceedings, including objections raised by the Executive Branch (Órgano Ejecutivo) and referrals before the Full Bench of the Supreme Court of Justice (Pleno de la Corte Suprema de Justicia). Before the Third Chamber of the Supreme Court of Justice (Corte Suprema de Justicia), it would represent public interests or intervene in the interest of the law, depending on the proceeding. The bill sets rules for cases in which the Nation, municipalities or state entities have conflicting interests. It also covers compulsory collection proceedings, challenges to labor arbitration awards involving the Panama Canal Authority (Autoridad del Canal de Panamá), preliminary investigations arising from accusations against the Attorney General of the Nation, and alternative means of resolving disputes among public institutions and municipalities. Administratively, it assigns legal advisory work, opinions on interpretive disagreements between agencies, oversight of public servants, handling of complaints, training, and compilation of legislation issued by the Legislative Branch (Órgano Legislativo) and state regulations. It provides training for legal advisers to the State and municipalities and promotes community mediation.

The Attorney General for Administration directs and legally represents the institution, sets its policies and may delegate some powers. The bill specifies qualifications for that office and its alternate. It provides for appointment to a ten (10) year term by agreement of the President of the Republic and the Cabinet Council (Consejo de Gabinete), subject to approval by the Legislative Branch. It addresses assumption of office, leave, equivalence of status with Supreme Court justices, authority over personnel, organization and budgets, and grounds for suspension or removal. It assigns adjudication of suspension or removal to the Supreme Court of Justice. It establishes duties and qualifications for the Secretary General and Deputy Secretary General and divides the institution into secretariats and directorates. Personnel administration would follow regulations, manuals and resolutions, the principles of the Public Prosecution Service career system and the rules governing appointments and dismissals.

For financial management, the bill defines the institution’s administrative structure, assets and funding sources. It requires the Attorney General’s Office for Administration to send its draft budget to the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) for incorporation into the State General Budget, and authorizes the Attorney General for Administration to sign contracts and agreements.

For complaints, the bill requires basic identifying information and evidence, dispenses with special formalities and allows five (5) working days to determine jurisdiction. Once a complaint is admitted, the institution concerned has five (5) working days to submit a report, with a possible extension of up to ten (10) working days; the complainant receives a response after the report arrives. Consultations from administrative public servants with decision making authority must include a legal assessment unless their institution has no legal adviser; resulting opinions are nonbinding. Administrative reports may be filed in writing or by email and must identify the parties, facts and evidence. The same periods apply to determining jurisdiction and obtaining an institutional report. If the office lacks jurisdiction, it forwards the report to the appropriate authority and informs the reporting person. The bill makes Book One of the Judicial Code (Código Judicial) applicable on a supplementary basis, repeals Book 1 of Law 38 of July 31, 2000, and provides for commencement upon promulgation.

The provisions concern the Judicial Branch (Órgano Judicial), the Executive Branch, the Electoral Tribunal (Tribunal Electoral), and national and municipal public bodies. They may also interest public servants, legal advisers, people filing complaints or administrative reports, and workers of the Panama Canal Authority.