The Panamanian Association of Business Executives (APEDE) filed its arguments before the Supreme Court in a case on the unconstitutionality of articles of Law 429 of April 18, 2024. APEDE argues that this violates the rule of law and undermines democratic institutions. According to APEDE, the law seeks to dismantle governance in the public service of the National Assembly, altering the standards established in the Constitution. The constitutional lawyer representing the association, Jorge Giannareas, emphasized that the case is clear from a constitutional point of view. He stated that adjustments, reforms, or improvements can be made, but the principle that protects the professionalization of the public service cannot be eliminated. The Attorney General, in issuing his opinion, recommended declaring the questioned articles unconstitutional, considering that they violate the merit system and create unwarranted privileges within the public service. The president of the business community, Giulia De Sanctis, added that the Panamanian Constitution is clear in establishing that public service careers must be governed by a merit system, where entry, stability, and promotion depend on performance and objective evaluations. "It is not a system of automatic job stability, but a professional career in the service of the State, subject to clear and verifiable rules," she stated. The brief filed by APEDE warns that Law 429 eliminates the Legislative Career Council without creating an alternative mechanism, and replaces competitions and evaluations with automatic permanence based solely on seniority. In the association's view, this opens the door to discretion and denatures the essence of the public career. "The Constitution does not allow a law to wipe out the merit system in one stroke," the brief concludes. The Supreme Court admitted the lawsuit and is currently in the phase of analyzing third-party arguments before moving on to the draft ruling.
