Summary.
The draft bill amends Book Four of the Judicial Code by revising Articles 2567 and 2569. The proposed Article 2567 starts the decision period after the time limits and stages established in the preceding articles have expired. From the day after the last applicable procedural step expires, the decision must be issued within a maximum of 90 calendar days. The calculation therefore depends on when the relevant procedural step ends in each case and concerns the deadline for issuing the decision.
The Plenary of the Supreme Court of Justice could extend that period when justified by the complexity of the case, the accumulation of proceedings, or exceptional circumstances. Only one extension would be allowed, for up to 90 additional days. To grant it, the Plenary would have to issue a duly reasoned resolution that publicly records the supporting reasons. The same article provides for notification of the decision to the Public Prosecution Service (Ministerio Público) and the parties in accordance with the Judicial Code. The notification provision follows the rules on the deadline and its possible extension.
The amendment to Article 2569 governs what would happen after a judgment of the Plenary of the Supreme Court of Justice becomes final. The judgment would be submitted for publication in the Official Gazette within the following 5 business days. It would also have to be published on the Judicial Branch’s institutional website in an accessible, open data format. The text thus establishes a deadline for submitting the judgment for official publication and requires institutional publication of the same judgment in a specified format.
The proposed Article 2569 adds that failure to meet, omission of, or unjustified delay in meeting the deadlines in Book Four could give rise to oversight mechanisms and disciplinary and administrative accountability. Any such measures would be subject to the Constitution and the laws of the Republic of Panama, with judicial independence guaranteed at all times. Article 3 expressly identifies Articles 2567 and 2569 of the Judicial Code as the provisions amended by the initiative. Article 4 provides that the proposed law would take effect upon its promulgation in the Official Gazette.
The public bodies concerned are the Plenary of the Supreme Court of Justice, the Public Prosecution Service, and the Judicial Branch. The provisions could be relevant to parties in proceedings covered by this book and to those who consult published judgments.
What it proposes.
- Deadline for issuing a decision of the Plenary.
- Reasoned extension of the decision deadline.
- Notification and publication of final judgments.
- Oversight and accountability for unjustified failure to meet deadlines.
Who it would affect.
- Plenary of the Supreme Court of Justice
- Public Prosecution Service
- Parties to proceedings covered by Book Four of the Judicial Code
- Judicial Branch
Key points.
- The decision would be issued within a maximum of 90 calendar days from the day after the last applicable procedural step expires.Art. 1
- The Plenary could extend the deadline once, for up to 90 additional days, because of the complexity of the case, the accumulation of proceedings, or exceptional circumstances.Art. 1
- An extension would require a reasoned resolution publicly recording its grounds; the decision would be notified to the Public Prosecution Service and the parties.Art. 1
- The final judgment would be submitted for publication in the Official Gazette within the following 5 business days.Art. 2
- The judgment would also be published on the Judicial Branch’s institutional website in an accessible, open data format.Art. 2
- Failure to meet, omission of, or unjustified delay in meeting the deadlines could trigger oversight mechanisms and disciplinary and administrative accountability, while guaranteeing judicial independence.Art. 2
- The initiative identifies Articles 2567 and 2569 of the Judicial Code as amended and provides that it would take effect upon promulgation in the Official Gazette.Arts. 3-4