Issues in relation to which referendums are mandatory at the national level

Panama

Panama

Answer
  • Constitutional amendments
  • Adoption of international treaties
Source

Political Constitution of Panama(Constitución Política de la República de Panam?)

https://www.constituteproject.org/constitution/Panama_2004.pdf

Article 313

The initiative topropose constitutional amendments belongs to the National Assembly, the Cabinet

Council and the SupremeCourt of Justice. Such amendments must be approved by one of the

followingprocedures:

1 Through aConstitutional Act, approved in three readings by an absolute majority of the

members of theLegislative Assembly, which must be published in the Official Gazette and sent

by the ExecutiveBranch to said Assembly within the first five days of ordinary sessionfollowing

the installationof the National Assembly elected in the last general elections, so that it canbe

discussed andapproved in its first session without modification, in a single reading and byan

absolute majorityof all members of the Assembly;

2 Through aConstitutional Act, approved in three readings by an absolute majority of the

members of theNational Assembly in one legislature, and approved anew, during the

immediatelyfollowing legislature, in three readings by an absolute majority of the membersof

the alreadymentioned Assembly. On this occasion the text approved during the previous

legislature may beamended. The Constitutional Act approved in this manner must be published

in the OfficialGazette and submitted to the people for direct, popular consultation through a

referendum thatshall be held on the date designated by the National Assembly, within a period

not shorter thanthree months and not longer than six months from the date of the

ConstitutionalAct's approval by the second Legislature.

Article 314

A new Constitutionmay be adopted by a Parallel Constituent Assembly (Asamblea Constituyente

Paralela) whichmay be convened by decision of the Executive Branch, ratified by theLegislative

Branch withabsolute majority, or by the Legislative Branch with a favorable vote of twothirds of its

members, or bypopular initiative which must be signed by at least twenty percent (20%) ofcitizens

enrolled in theElectoral Register on the thirty-first of December of the year preceding theinitiative.

In the lattercase, the petitioners shall have six months to fulfill the requirement inconformity with

the rules issuedto this effect by the Electoral Tribunal.

The ElectoralTribunal is competent to accept the proposed initiative and to schedule theelection for the members of the Constituent Assembly within a period notshorter than three months and not

longer than sixmonths since the request has been formalized for the election has beenformalized.

After the electionthe Parallel Constituent Assembly shall be formally installed and shall beginits

deliberations asof right, as soon as the Electoral Tribunal has delivered to its members their

respectivecredentials.

The ParallelConstituent Assembly shall be composed of sixty members who shall represent the

Panamanians in allprovinces and regions in a proportional manner, in accordance with the voting

population; inaddition to party nomination, independent candidacies are permitted. For these

purposes theElectoral Tribunal shall establish the electoral system applicable to theelection of the

ConstituentAssembly's members in its order convening the election.

The ParallelConstituent Assembly may reform the current Constitution totally or partiallybut in no

case may adoptdecisions with retroactive effects or alter the terms of office of elected orappointed

officials who areexercising their functions at the moment when the new Constitution enters into

force. TheParallel Constituent Assembly shall have not less than six months and not morethan ninths months in order to complete its work and to deliver the approvedtext of the new Constitution to the Electoral Tribunal which shall publish itimmediately in its Bulletin.

The newConstitutional Act which has been approved in this manner shall be submitted toa referendumconvened by the Electoral Tribunal within a period of not less than threemonths and not more than six months since its publication in the Bulletin ofthe Electoral Tribunal.

The ConstitutionalAct approved in accordance with any one of the procedures indicated in this orin the preceding Article shall enter into force upon its publication in theOfficial Gazette which has to be accomplished by the Executive Branch withinten working days of its ratification by the National Assembly or within thirtydays of its approval through referendum, whichever may be the case; however, apublication after the expiration of the delays shall not be a cause ofunconstitutionality.

Article 325

Treaties orinternational agreements that may be concluded by the Executive Branch withrespect to the Panama Canal, its adjacent area and the protection of saidCanal, as well as the construction of a sea-level canal or of a third set oflocks, shall be approved by the Legislative Branch, and after being approvedshall be submitted to a national referendum, to be held not earlier than threemonths from the approval by the Assembly.

No amendment, reservation,or understanding that refers to such treaties on agreements shall be valid if it doesnot comply with the requirements dealt with in the previous paragraph.

This provisionshall apply also to any proposal for the construction of third set of locks orof a canal at sea level on the existing route which the Canal Authority maypropose to realize, either by administrativemeans or by contracts concluded with any private firm or firms or with firmsowned by one or several other States. In these cases the construction proposal,which has to be approved previously by theExecutive Branch and be submitted to the Legislative Branch for approval or rejection, shallbe submitted to referendum. Any project concerning the construction of a newcanal shall also besubmitted to referendum.

Comment
Thereare two procedures to pass Constitutional amendments, but only one of theminvolves a mandatory referendum: since amendments have to be approved by twodifferent legislatures, if the second introduces changes to the one previouslyapproved, then a referendum to approve the updated version is mandatory. Referendumis also mandatory to approve a new Constitution. Referendums are mandatory incase of any international treaty related to the Panama Channel.
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