Since the enactment of the Contract Law No. 2 of 2015, signed between the Panamanian State and PSA, different politicians and lawyers have filed complaints and submitted bills against the Contract Law for alleged illegality or unconstitutionality thereof. Of the eleven legal cases filed, seven were judicial cases, four have been submitted through the National Assembly and all have been judged in favor of PSA Panama.
Of the four draft bills that were presented in the Assembly, two have not reached debate, one known as the the Camaron Legislativo was vetoed by President Varela as unconstitutional, and another was rejected by the Commission of Commerce of the National Assembly in the first debate. In general, they have been rejected by the judicial power, the legislative power and the executive power, respectively, for lack of legal merit, showing that, in effect, the PSA Panama Contract Law is completely legal and constitutional.
After the government approvals of the permits required for the PSA concession, between March and April 2015, the lawyer and politician Miguel Antonio Bernal filed two criminal complaints against PIMPSA
Read moreThe second complaint filed by the lawyer Miguel Antonio Bernal was a claim against the ex-President Ricardo Martinelli Berrocal, the ex-Minister of Economy, Frank De Lima, the ex-Director of the Unidad Administrativa de Bienes Revertidos
Read moreIn the last three years, Alexis Zuleta (former Director of Public Tenders), has filed three successive complaints against the concession granted to PSA. Like Bernal, Zuleta also presented his complaints on his own behalf, for the "benefit of the Panamanian people."
Read moreOn February 23, 2016, Alexis Zuleta filed a claim of unconstitutionality with the Supreme Court, stating that the provisions of the Contract Law that were cited violated articles 18, 159, 259, 276 and 316 of the Constitution of the Republic of Panama.
Read moreIn 2016, Crispiano Adames and Irving Ríos, both legislators of the National Assembly and representatives of the Democratic Revolutionary Party (PRD), tried to repeal Law No. 2 of February 10, 2015 on two occasions.
Read moreOn March 7, 2017, Alexis Zuleta filed a claim of unconstitutionality with the Supreme Court, stating that the Contract Law between the Maritime Authority of Panama and PSA contains two clauses that are unconstitutional.
Read moreOn July 19, 2017, lawyers Cochez and Martínez filed a complaint with the Attorney General of the Criminal Office, requesting an investigation into the process of awarding the previous and current concession of the Rodman area. The accusations include misconduct and abuse of authority by the Public Administration and questioned a supposed association between PIMPSA, Serviamerica and PSA to self-assign a concession agreement.
Read moreOn August 24, 2017, Guillermo Cochez and Víctor Martínez filed an unconstitutionality document before the Supreme Court, alleging that Contract Law No. 2 is contrary to Article 290 of the Constitution of Panama, to obtain the declaration of unconstitutionality of the Law 2 of 2015.
Read moreIn April 2018, while the Assembly was discussing the Draft Bill No. 53 related to commercial activities in residential areas, the deputy Roberto Ayala introduced in this Bill, an article that repeals the Contract Law of PSA.
Read moreOn Wednesday, October 10, 2018, the deputy of the Democratic Revolutionary Party, Carlos Motta, presented the Bill 715 before the National Assembly to repeal Law 2 of February 10, 2015, which approves the contract between the State and PSA Panama. Motta’s argument claims that PSA Panama represents the Government of Singapore and that it owns the area object of the concession agreement. In a previous case, this allegation was used and it was ruled in favor of PSA Panama.
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