TITLE VII. THE ADMINISTRATION OF JUSTICE
Chapter 1. The Judicial Branch
Article 201
The Administration of Justice is free, expeditious, and uninterrupted. The pleadings and action of all Court proceedings shall be recorded on simple paper, and shall not be subject to any tax.
Vacations of the Justices, Judges or Judicial Branch employees shall not interrupt the continuous functioning of the respective Tribunals.
Article 202
The Judicial Branch is composed of the Supreme Court of Justice, tribunals, and such other lower courts as the law may establish. Justice may also be administered by arbitral jurisdiction in accordance with the provisions of the law. The arbitration tribunals are entitled to consider and decides issues concerning their own jurisdiction.
Article 203
The Supreme Court of Justice shall be composed of the number of Justices determined by law, to be appointed by decision of the Cabinet Council, subject to the approval of the Legislative Branch, for a ten year term. If the post of a Justice becomes permanently vacant during the course of a term, a new Justice shall be appointed to serve the remainder of said term.
Each Justice has an alternate (suplente), appointed in the same manner as the principal Justice and for the same term who shall replace him in the case of his absence in accordance with the law. Only career judges active in the Judicial Branch may be designated as alternates.
Every two years, two Justices shall be appointed, except in cases when, in view of the number of Justices currently serving on the Court, more than two or less than two Justices are appointed. When the number of Justices is increased, the necessary appointments to this effect shall be made and the respective law shall make the appropriate provisions in order to maintain the principle of successive appointments.
May not be appointed as Justice of the Supreme Court:
- Persons who are exercising or have exercised the functions of principal or alternate member of the National Assembly during the constitutional term currently under way;
- Persons who are exercising or have exercised command and jurisdictional functions in the Executive Branch during the constitutional term currently under way.
The Court shall be divided into Chambers, each with three permanent Justices.
Article 204
In order to be eligible as Justice of the Supreme Court it is necessary:
- To be Panamanian by birth;
- To have reached thirty-five years of age;
- To be in full possession of civil and political rights;
- To hold a university degree in law and to have the degree registered in the office prescribed by law;
- To have completed a ten year period of service either in the profession of lawyer or in a position in the Judicial Branch, the Public Ministry, the Electoral Tribunal, or the Office of Ombudsman for which a university degree in law is required, or to have been a professor of law at university level.
The validity of credentials for Justices of the Supreme Court which were issued in accordance with previous constitutional provisions is recognized.
Article 205
A person who has been convicted of a crime through a final sentence rendered by a Court of Law shall not hold office in the Judicial Branch.
Article 206
Among the constitutional and legal functions of the Supreme Court of Justice shall be the following:
- To guard the integrity of the Constitution. For this purpose, and after hearing the opinion of the Attorney General of the Nation or the Solicitor General of the Administration, the Court in plenary session shall try and rule on cases concerning the unconstitutionality of laws, decrees, decisions, resolutions and other acts that for reasons of substance or form are challenged before it, by any person.When during the proceedings of a case, the public official entrusted with the administration of Justice considers, or it is observed by one of the parties, that the legal or regulatory provision applicable to the case is unconstitutional, he/she shall submit the question to the cognizance of the Court in plenary session, except when the provision has already been the subject of a decision, and shall order a continuance of the case, until the question of constitutionality is decided.
The parties only shall be able to formulate such observations one time during the process of a case;
- To exercise contentious-administrative jurisdiction (administrative litigation) over acts, omissions, faulty or deficient public services, resolutions and orders or provisions which are executed, adopted, issued, or committed in the performance or duties, or on the pretext of performing them, by National, Provincial, and Municipal Government Employees, as well as those of Autonomous and Semi-autonomous Public Entities. In such cases, the Supreme Court of Justice, after hearing the opinion of the Solicitor General of the Administration, shall have the power to annul the acts that have been accused of unlawfulness, reestablish the private rights violated, enact new provisions in lieu of those opposed, and render a judgment with regard to the meaning, applicability or legal validity of an administrative act.Persons affected by the act, resolution, order or decision in question may resort to contentious-administrative jurisdiction; and any natural or juridical person, domiciled in the country may exercise popular action.
The decisions issued by the Supreme Court in exercise of the powers conferred on it by this Article are final, definitive and binding, and must be published in the Official Gazette;
- To investigate and try the members of the National Assembly. In order to carry out the investigation, the plenary of the Supreme Court of Justice shall appoint an investigating officer.
Article 207
Neither writ of unconstitutionality, nor for constitutional guarantees (amparo) shall be admitted against the judgments of the Supreme Court of Justice or its Chambers.
Article 208
The incumbent Justices and Judges shall not occupy any other public position except that of Professor of Law in an educational institution at University level.
Article 209
In the Court of Appeals and Lower Courts established by law, Justices shall be appointed by the Supreme Court of Justice and Judges shall be appointed by their immediate superiors. Subordinate personnel shall be appointed by the respective Tribunal or Judge. All these appointments shall be made according to the Judicial Career, pursuant to Title XI hereof.
Article 210
Justices and Judges are independent in the performance of their functions and are subject only to the Constitution and to law. But, lower courts are obliged to abide by and comply with the decisions that superior courts may issue on revoking or reversing, by virtue of legal proceedings, decisions rendered by the former.
Article 211
Justices and Judges will not be discharged from office, nor suspended or transferred from the exercise of their functions, except in cases and with the formalities established by law.
Article 212
Officials in the Judicial Branch shall not participate in politics, except to vote in elections, nor practice law, nor commerce, nor hold any other remunerated position, except that which is provided in Article 208 hereof.
Article 213
Salaries and allowances for Justices of the Supreme Court shall not be less than those of the Ministers of State. All elimination of positions in the Judicial Branch shall be carried out upon the expiration of the corresponding term.
Article 214
The Supreme Court of Justice and the Attorney General of the Nation shall formulate the respective Budgets of the Judicial Branch and the Public Ministry, and shall send them, at the proper time, to the Executive Branch, to be included in the projected General Budget of the public sector. The President of the Court and the Attorney General shall support all stages of their respective projected Budgets.
The Budgets of the Judicial Branch and of the Public Ministry shall not, together, be less than two percent (2%) of the current Central Government income.
However, when this amount is more than necessary to cover fundamental necessities proposed by the Judicial Branch and the Public Ministry, the Executive Branch shall include the excess in other areas of expenditures or investments in the projected Budget of the Central Government, in order that the National Assembly determine whatever is proper.
Article 215
Procedural laws that are approved shall be based, among others, on the following principles:
- Simplification of procedures, expeditiousness and absence of formalism;
- The object of the procedure is to recognize the rights granted by substantive law.
Article 216
Justices and Judges may not be detained nor arrested except by virtue of a written order from a Judicial Authority competent to judge them.
Article 217
The means of giving advice and legal defense to those who, because of their economic situation cannot pay for same, shall be established by law, whether from an official organization created for this purpose, or through professional associations of lawyers recognized by the State.
Article 218
Trial by jury is [hereby] established. Cases to be adjudicated by this system shall be determined by law.
Chapter 2. The Public Ministry
Article 219
The Public Ministry shall be conducted by the Attorney General of the Republic, the Solicitor General of the Administration, by the District and Municipal Attorneys, and such other officers as the law may designate. Officials of the Public Ministry may exercise by delegation the functions of the Attorney General, in accordance with the provisions of the law.
Article 220
Functions of Officers of the Public Ministry are:
- To defend the interest of the Nation, or of the Municipality;
- To promote the compliance or execution of laws, court decisions, and administrative orders;
- To supervise the official conduct of public officials and employees and to take care that all completely discharge their duties;
- To prosecute offenses and violations of Constitutional or legal provisions;
- To serve as legal advisors to the Administrative Officers; and
- To exercise the other functions established by law.
Article 221
The same qualifications are required to be Attorney General of the Nation and Solicitor General of the Administration as are required to be a Justice of the Supreme Court, and both shall be appointed for a term of ten years.
Article 222
The special functions of the Attorney General of the Republic are:
- To arraign before the Supreme Court of Justice those officials whose trials correspond to that body;
- To see to it that the other Officers of the Public Ministry faithfully discharge their duties and to take appropriate action to hold them responsible for offenses or crimes committed by them.
Article 223
The same provisions are effective with respect to the Officers of the Public Ministry as are established with respect to Judicial Officers by Articles 202, 205, 207, 208, 209 and 213.
Article 224
The Attorney General of the Nation and the Solicitor General of the Administration shall be appointed in accordance with the same procedures and subject to the same prohibitions which apply to the Justices of the Supreme Court.
The temporary absence of any of the prosecutors will be filled by an official of the Public Ministry as Acting Prosecutor who has the same qualifications as the respective Prosecutor and is designated by him/her as temporal replacement.
District and Municipal Attorneys shall be appointed by their immediate superior. Subordinate employees shall be appointed by the respective District or Municipal Attorney. All these appointments shall be made in conformity with the provisions governing judicial careers.
