EUROPA ANGELA MERKEL LA LÍDER DE EUROPA ISSN 1726-0485 Edición Mayo ‘17 Colaboradores En Esta Edición José Javier Rivera J

¿EMPLEOS?

CONTROL DE PRECIOS

JUICIO POLÍTICO DONALD TRUMP

La debilidad de EUROPA ANGELA MERKEL LA LÍDER DE EUROPA www.rbc.com.pa ISSN 1726-0485 Edición Mayo ‘17 Colaboradores en esta edición José Javier Rivera J. Rafael Fernández Lara Consejo Giovana del C. Miranda Garzola Editorial Augusto García David Saied Judá D. Rodríguez Joel Rincon Ailen Galván Lidia Domínguez Casilda Quiróz Lisbeth Martéz Albin Rodríguez Mariela de Sanjur

José Javier Rivera J. Giovana del C. Miranda G.

Portada y Diagramación: Virginia Medina

Fotografía: Mariela De Sedas de Sanjur Rivera, Bolívar y Castañedas

@rbc_abogados

RBC Abogados

MAY 2017

06 Editorial THE PRICE CONTROL IN PANAMA: A LOOK AT Content LEGALITY OF THE MEASURE

53. Politics THE SOCIALIST PARTIES OF PANAMA

60. Panamanian Economy CONSUMER PRICE INDEX

72. World Economy CONDICIONES LABORALES CONTINUARÍAN DEBILITÁNDOSE EN 2017 Y DESEMPLEO URBANO PODRÍA SUPERAR EL 9% EN LA REGIÓN

81. Environmental Capsule

82. Illustrious People ANGELA MERKEL - THE LEADER OF EUROPE 82 86. Sports Capsule

89. Cultural Capsule Invited Writer

The Weakness of EUROPE 09 Norms Consult of interest Doctrine & REGULATION OF TRUSTEES AND TRUST Jurispru- dence

THE ACCUSTIVE CRIMI- NAL SYSTEM AND THE 28 ALTERNATE PENAL CONFLICT SOLUTION 38 PROCEDURES

Editorial

The Price Control in Panama: A Look at Legality of the Measure Augusto García - Attorney [email protected]

ur Political Constitution contains a 282, 295 and 298 of our Constitution. series of provisions that frame what the Odoctrine denominates like the “Econom- Established the above, it is important to ic Constitution”, that establishes of un- refer to price control system on 22 prod- equivocal way that our economic system ucts of the basic basket that as pub- is based on a model of market economy, lic knowledge, implemented since 2014 whose main actors are particular compa- National Government, which being an- nies, Added with the power of intervention nounced as a temporary measure, has of the State, to ensure and order effective- been extended by a plural number of Ex- ness of the economic system, and effec- ecutive Decrees for almost three years tiveness of fundamental rights, such as since its implementation. During this labor law and the right to social security. period the system has been widely ques- tioned by different sectors of national While individuals are the main players in economy regarding its effectiveness in national economy, this role is not absolute combating inflation and configuration given that the Constitution itself estab- of serious distortions to free market. lishes in a restrictive manner principle of free market competition and establishes This measure has its origin in the ex- bans in exercise of trade and industry for traordinary power of intervention in the individuals concerned to prevent config- national economy established by article uration of acts that adversely affect free 284 of the Constitution with the aim of 6 development of the market, and affect guaranteeing social justice; However, national economy, as set forth in articles this power is not absolute. In addition, Legislación y Economía May 2017

its exercise is of extraordinary char- criminately extending application of said acter and must be regulated by Law. Decree for more than two years without having been accredited Technical justifi- In this sense, we find that Law 45 of cation and repeated recommendations by 2007 develops and limits the power of the ACODECO itself to seek alternatives economic intervention of the State in to application of such measure, such as national economy derived from Article promoting creation of peripheral markets. 284 of the National Constitution, defining conditions required for application of In this regard, when examining the content price regulation as an exceptional mea- of Executive Order 165, we find that it only sure, Defining in article 199 the essen- makes a timid reference in its motivating tial budgets for application of said mea- part to an alleged “increase in the price of sure, which we can identify as follows: products of the basic food basket” as an essential element to motivate price con- This is an exceptional and temporary trol measure decreed, without indicating regulation. what are market restrictions required by Law 45 of 2007 as an essential budget It is applicable only when there are situa- to enact such a measure, an element tions in which restrictions on the efficient that makes it clear that this is a measure functioning of the market or the emergence that, beyond being based on Techni- of widespread monopolistic conduct by cal elements of an economic nature, are one or more economic agents with sub- due to political motivations, which have stantial power over the relevant market serious consequences for development exist which are an imminent threat to the of national economy, taking into consid- market, consumer and free competition. eration that the State has constitutional On April 21, 2017, the Chamber of Com- and legal structures to create mecha- merce, Industries and Agriculture of nisms and policies to combat this type Panama (CCIAP) filed a claim of nullity of occasional increases that may occur, against the Executive Decree No 165 of without the need to apply a med which July 1, 2014 “Establishing Temporarily is so severe for the development of free Maximum Retail Prices of 22 Products market competition, as price control is. of the Basic Food Basket in the Repub- lic of Panama, and Adopting Other Provi- Economic Distortions derived from the sions,” and their respective extensions. application of Price Control. In addition to violations established The referred Claim is based on the fact in our legal system in the area of con- that the National Government through sumer protection, price control mea- the Ministry of Commerce and Indus- sure introduces serious economic dis- tries of Panama (MICI) violated a plural tortions to free market that by mandate number of legal norms when issuing Ex- of the Political Constitution prevails in ecutive Decree No. 165 and its respec- national economy and that cause se- tive extensions, in view of which in at any rious economic damages to all mar- time, existence of essential budgets re- ket players including final consumers. quired by our legal system in respect of In this sense, we find that in addition to Free Competition and Consumer Protec- price controls on the 22 products listed tion was sustained, in addition to hav- in Article 1 of the Executive Decree, this 7 ing exceeded its legal powers by indis- measure includes a control of margins of

marketing to 152 products, which causes as As has happened in sister countries many of these products to cease to be of Latin America in which purely politi- which have a special connotation, taking cal and populist motivations regarding into account that it is a measure that has the implementation of this type of mea- altered consumption patterns, increas- sures have had serious consequences for ing the demand for regulated products to national economy, which in turn impacts detriment of supply, which has a negative other elements of the institutionality cre- impact on competitiveness of Econom- ating political and social upheavals that ic operators affected by this measure. in no way contribute to social justice for which these tools were contemplated. In addition to the above, it should be noted that while the economic agents in- Based on the above, it is of the utmost volved in the marketing chain are hit by a importance that judicial authorities ful- decrease in their competitive capacity as fill their role of protecting legal system a result of the measure imposed by Ex- and democratic institutionality by act- ecutive Decree 165, the National Govern- ing as a control and curb of administra- ment has Increased the sale and distri- tive actions that deviate from legality, bution of some of the products regulated and in this way to counter judicial delay through fairs and state markets, as is the that affects so much our justice system case of rice (bag of 20 pounds), which is and that it is evident in case of the De- at a price disadvantage with which it is mand to which we have referred since sold at fairs of the Government at a price more than a month has passed since of Five dollars ($ 5.00), which represents presentation of the same one without a 40% decrease in rice sales and which is there being any pronouncement regard- set in an evident case of unfair competi- ing the Admissibility of the same, let tion on part of national government itself, alone the precautionary suspension of an element that It breaks with our legal the effects of measure demanded. L&E system in matter of Free Competition and Consumer Protection as well as with limits established in the Law regarding the application of price control measure.

We consider that application of price control contemplated in our Politi- cal Constitution seeks to safeguard social justice in our country, notwith- standing the way in which it has been applied through this Decree, it de- naturalizes and distorts its objective.

It is clear that what application of this system of price control obeys political motivations and lacks adequate technical support, moving away from legal bases and budgets, undermining demo- 8 cratic institutions, negatively impacting development of the national economy, Legislación y Economía May 2017 Invited Writer The Weakness of EUROPE

Jesús Alberto García Riesco Instituto Español de Estudios Estratégicos [email protected]

n a thousand years (from 900 to 1900) ues that allowed it to conquer the world. Europe went from being irrelevant to domi- Inating the world and imposing its languages Europe conquered the world and ideas. Such a feat was possible mainly Europe in year 900 was like Afghanistan because of military organization and tech- now and it only contributed skins and slaves nology of gunpowder, but above all because to the flourishing Middle East, neverthe- of religiosity of combatants and cohesion less thousand years later managed to im- of small groups. Europe, which has given pose their languages and ideas to 84% of the world Christian humanism, is weak- the globe. In such a leap and conquest, ened because from its enlightened vision diseases took place, but above all military renounces the gods, ignoring that man is organization and gunpowder technology. more emotional than rational. Since World War II it lacks a culture of defense and, con- The diseases sequently, a response to current threats: Diseases favored European conquest of the chaos in Middle East, attacks by Russia and world, mainly in America because natives Turkey and isolationism of United States. weren’t immune to smallpox and measles and suffered massive deaths. When Hernan There is only a future with a common spiri- Cortes landed on Mexican coast in March tual essence on which to base the indis- 1520, in addition to soldiers, horses, arque- pensable political union and single army. buses and cannons, he had unknowingly car- Europe will be saved if it has a soul, that is ried the smallpox virus into the bowels of one to say, if it passes from living comfortably of his soldiers. Smallpox turned out to be a in the current generalities of universal ac- terrible weapon, for ten days after the landing 9 ceptance to face the threats with the val- the town of Cempoallan became a cemetery.

In October the infection reached Tenochtit- tary units into fearsome forces in combat. lan, killing one third of its two hundred and fifty thousand inhabitants, including its king The qualitative leap consisted in surprising Cuitlahuac, which facilitated the immediate the enemy in such a way that his mind would conquest of the city by Cortés, who was for- bend at once and sometimes the combat tunate enough to face a much smaller force was unnecessary. Cortés was seen by Moct- and commanded by a new king without ex- ezuma as incarnation of Aztec gods and con- perience. Smallpox, measles, and the flu so quered Tenochtitlan without firing a single blasted native Mexicans from twenty-two shot, to which contributed the demonstration million in 1520 to less than two million in 1580. of the rumble of harquebuses that terrified the emissaries of the emperor. Four centu- The situation was different ries later Rommel, using purified techniques In the European conquest of Asia because of infiltration in the battle of Caporetto, so as- its inhabitants were as immune to these tonishes Italian troops that he manages with diseases as the Europeans. However, key seven hundred men to render ten thousand factor of European superiority was tech- soldiers without hardly entering into combat nology. Both the Spaniards in America and The military organization would have been the Portuguese in Asia gained spectacu- insufficient without the spiritual motiva- lar victories over the natives because they tion that develops in the combatant the ne- had tactics and methods of organization, cessity to give life for the ideals, conquer- sharp weapons, and gunpowder technology ors instilled in their soldiers the priority of (firearms, artillery, ships armed with guns spreading Christian faith, central axis of the and fortifications resistant to bombing). conquest, as we can see in Velazquez’s In- structions to Cortes in 1518: “First of all, Thanks to organization and technology, the main motive that you and all of your com- Portuguese captured the Strait of Malacca in pany will carry is and must be so that on a disproportion of twenty to one, Cortes with this journey our Lord is served and praised.” four hundred men and a thousand natives surrendered to one hundred thousand Az- Galdós, with his portentous prose, gives tecs in the battle of Otumba and Pizarro with us one of the best examples of this reli- less than two hundred men resisted in Cuz- gious motivation: the harangu of Chur- co the Siege of a hundred thousand Incas. ruca to his sailors of the Nepomuceno: “My sons, in the name of God, I promise Tactics and military organization the beatitude to the one who dies doing The first factor of technological superiority his duty! If anyone is lacking in them, I will that allowed Europe to conquer the world have him shot immediately, and if he es- was the military doctrine that materially and capes my glances or those of the brave of- spiritually armed the combatant to give life ficers whom I have the honor of walking, in extreme situations. The Spanish thirds his remorse will follow him as he drags the acquired great military experience during the rest of his miserable and miserable days.” seven hundred years that lasted the Recon- quista and were doctrinal reference through- And Ludendorff, a German general in mili- out Europe. They considered faith in God and tary strategy and tactics and protagonist of the fraternal atmosphere of the small group World War I, points out that the combatant (about ten men) vital to consolidate the mu- can’t act without the “soul cohesion” provid- 10 tual trust that allowed the combatant to act ed by religion. A cohesion that people have decisively against the enemy, turning mili- to transfer to the combatant as exempli- Legislación y Economía May 2017

fied by Japanese society with mikado (wor- weeks of navigation opening a new stage ship of ancestors), basis of Shinto religion. of human knowledge. In the following twenty years more world was discov- Sharp sharp weapons The Indians weren’t ered than in the previous two millennia. aware of cutting weapons because in combat they sought to immobilize or injure with- European Civilization out killing to later sacrifice or enslave. Colón The three pillars of European civilization already indicates “they don’t have any iron” are Greek philosophy, Roman law and reli- when seeing that they didn’t bring arms and gion. The Arabs transmitted Greek legacy were cut with ignorance. The Europeans, on to Europe until the thirteenth century when the other hand, had swords and spears that the purest currents of Islam saw their reli- they maneuvered with horselike skill, dis- gion incompatible with Philosophy, in par- persing natives on foot to defeat them with ticular work of the Sufi Algacel establishes ease. The spear was squeezed by squeez- the end of the tolerance of Islam with free ing it with his right arm against the body, thought. Europe stopped Islam in Granada, turning horse and rider’s impulse-gallop- Vienna and Lepanto and faced this monis- ing at same time-a very effective weap- tic vision with a Christianity with universi- on against natives while bayonets, dag- ties that alumns revived the Renaissance. gers and daggers were used in the melee. . Erasmus, leader of the Christian human- Technology of gunpowder ist ideal, sums up the spiritual contribu- Gunpowder technology groups firearms, ar- tion of Renaissance Europe to the world: a tillery, ships armed with cannons and bomb- higher and free human being, contrary to resistant fortifications. The Chinese invent- fanaticism, lover of friendship and beau- ed gunpowder and sailed the Indian with ty, independent of thought and convinced impressive squads of thirty thousand men that education is the greatest achievement. and more than three hundred ships but the threat of the nomads from the north forced The Enlightenment and the French Revolu- them to leave the sea to focus on the tech- tion, however, by popularizing the mecha- niques of archers on horseback. The other nistic mentality and enthroning reason in reason for the Chinese stagnation was its public space, opened the way to the de- vast empire without competition, unlike Eu- cline of Christianity. The old ethics that rope whose small size, variety of empires, taught to be in the world for a relativism taxation and religion favored competition that would disenchant the new god: man and ultimately the constant innovation. without the north was thus marginalized.

This tax-financed innovation allowed - im Within three hundred years Europe seems to pressive armed ships and build artillery- have overcome causes of misery that black- resistant fortifications. Enrique the Navi- ened its history: famine, plague, and war. We gator turned the castle of Sagres into a no longer need to pray to any god to save center of knowledge that he would be able us from them but perhaps we don’t know to make the maps and instruments of navi- how to manage so much power, we may not gation and build naos so that the Euro- know to be gods because up to now reli- peans would penetrate in the “dark sea”. gion has been key in all known civilizations.

Christopher Columbus sailed there and Until the Enlightenment the priest had said 11 discovered the new world in just five “believe me and I will tell you what is right and

what is wrong “, now the philosophele gives a push and stands on his pedestal with clever argument of eliminating it and ending oppres- sion, but even though the people Naive tends to believe otherwise, pedestal has no one to move it. The Civilization That dominated the world is threatened because it has destroyed its gods and doesn’t know how to be God.

Threats facing Europe The main threats are chaos in the Middle East and the Maghreb that can be derived in jihadism and massive immigration, the aggressiveness of Russia and Turkey and isolationism of the United States (USA).

Demographic chaos in the Arab world. The region is a demographic bomb, with 40 million unemployed youths implying the highest unemployment rate in the world (twenty-seven percent).

Except in rentier countries, the relationship between the young population and the young population unemployed is very high (figure 1).

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In Egypt (figure 2), the most educated young people have a percentage of unemployment greater, especially women. Demographic problem will be aggravated because half of the three hundred and eighty million inhabitants of the Arab world are young, implying that the population can reach seven hundred million by 2050. Jihadist Terrorism. The five thousand jihadists in Europe would not find it difficult to acquire an automatic weapon (Figure 3) or rent a truck and kill hundreds of people inno- cent.

On the other hand, Libya is an unstable Immigration country that poses a greater threat to Eu- The European Union (EU) accounts for twen- rope than Syria and Iraq. Crime is at its ty-three percent of world immigration coming best and the Islamic State has succeeded from similar percentages of Turkey, Morocco, in establishing a “province of the Caliph- Russia and Algeria, while to USA nineteen per- ate” without the Government of National cent of the total comes and their immigrants Unity achieving stability. The Moroccan Rif are mainly Mexicans (Figures 4, 5 and 6). is also unstable and Islamism is on the rise. 13

Immigrants who risk crossing the Mediter- ranean do so on three routes: Eastern Greek, central Italian and western Spanish (figure 7).

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The main route until 2015 has been the Greek one (used mainly by Syrians) but it is on the central route where most Nigerians are dead (Figure 7).

The data are lower in western Spanish route because in the absence of wars in countries of origin (Senegal, Mau- ritania and Morocco) have been able to ad- dress part of the problem at source (figure 8).

In 2015 more than one million three hundred thousand immigrants arrived in the EU requested asylum, a significant increase over 2010 (figure 9).

The requests were mainly in Germany, Sweden and France (figure 10) and In fifty-five percent of the cases were performed by young people.

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Young people coming to Europe are an interesting added value for host countries because they have been trained elsewhere, and are able to work, pay taxes, and al- leviate the dependency ratio of an aging continent (figure 11), but only the equation is solved if newcom- ers assimilate our values based on State of law, otherwise what they are imported are problems.

In any case the number of arrivals in 2015 was non-cumulative and the EU was, from the weakness, forced to negotiate with Turkey the return of immigrants to this country, which drastically reduced the Greek figures in 2016 (figure 12).

The price of negotiation for the EU is not trivial: EUR 6 billion for aid to refugees in Turkey, visa rights for Turkish citizens in the EU and the start of accession nego- tiations.

The migratory pressure of 2015 has consequences for European societies. In 2016 the opinion on immigration and on Muslims in the EU worsens (Figures13 and 14).

And, as a result, the intention to vote to nationalist parties and voting in the elections held in Poland, Austria, Hungary, Switzerland and the Netherlands (figure 15).

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The Russian threat Europe wouldn’t resist 150,000 men and fighter flights on the bor- a Russian attack without support of USA der with neighboring NATO countries. (Article 5 of NATO provides that in the event of aggression to any member state the rest The RAND corporation needs - using war would act as a whole). In the Zapad ma- games - that the military - (Figure 16) would neuvers, conducted in 2013, Russian army exceed NATO in the Baltic countries and showed its muscle with the deployment of would reach Tallinn and Riga in 36 hours.

In addition, in Kaliningrad are deployed missiles with 200 km of range and Russia can deploy Iskan- der missiles covering the Baltic and two-thirds of Poland, on the other hand Russia says to be testing a cruise missile with a range of more tan 1,500 km (Figure 17).

work seriously to have more effective armies The threat doesn’t remain in military and USA must consider NATO as their own force. Russia, is involved in the “hy- and essential for the defense of their inter- brid war” combining conventional and ests and culture. It is not just a matter of non-conventional techniques, propagan- sharing skills but also attitudes; Soldiers of da, cyber attacks, political, cultural, reli- the Alliance must feel that they defend the gious, ideological and economic coercion. beautiful cause of democracy and freedom.

Turkey The weaknesses of Europe The powerful Turkish army can reach the heart of Europe for third time, after sites of Unwillingness to defend one’s own. Vienna in 1529 and 1683, although the main Most of the Muslim countries and EE. threats are massive sending of refugees and UU. Cling to religion (figure 18). From the delivery to the Turkish national-religious “Manifest Destiny” Americans consid- cause of the nationals who living in Europe er themselves to possess virtues unique with dual nationality, a cause that is bury- and have the obligation to spread their vi- ing the laicism of Ataturk and that is ce- sion to the world with the help of God, mented in the resentment against the West. Present in its coins and notes with the motto In God we Trust. In Turkey, Erdogan US isolationist posture EU the biggest has increased the budget for promotion problem for European security would be of Islam: from the eighty-two a thousand that US isolationism EU to leave on pa- mosques today, one tenth has been built per the article 5 of the NATO that com- in the last decade. Russia is also enhanc- mits member countries to act before an ing Christianity; Putin emphasized in the attack to another country of the Alliance unveiling of the monument to Prince Vladi- as if the attack went to the own country. mir in Moscow that the Christianization of Russia was a central fact in its history. Isolationism would be a disaster for all, so the problem must be addressed: EU has to

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The EU countries, faithful heirs to French sec- command, but above all because, victims of ularism (figure 18), do without religion, which populist propaganda, they lacked the “soul- is intellectually fascinating but very danger- ful cohesion” that national-religious myth ous because it deprives us of the essential provided to the English and German peoples. “spiritual cohesion” - achieved through the national-religious myth to defend civili- As Norma F. Cantor points out, “The in- zation itself. Christianity, as well as culture, heritance of an inadequate defense culture belief or myth, has inspired our best ethical was the onset of that cancerous disease expressions and their exclusion deprives us spread by French society in the 1920s and of the mental assumptions that every people 1930s: the rancor and hostility of street needs and prevents us from facing the inevi- people toward politicians, The lack of faith table difficulties that fate always presents. in the fates of France, selfishness and in- solidarity that corrupted the moral fiber of A clear example of the problems of enlight- the French people, rendering it incapable of ened heritage can be seen in World War I. resisting the German onslaught of 1940.” French soldiers mutinied in 1917 because they sensed rashness and incompetence in their

This European weakness is reflected in unwillingness of its citizens to defend their own countries, especially in Holland, Germany, Belgium, Italy and Spain (figures 19 and 20).

In contrast to these low percentages, the Maghreb, Turkey and Russia present envi- able figures. More than eighty percent of North Africans are ready to fight for their country - a figure that rises to ninety-four percent in Morocco - to the poor thirty-two percent of Europeans (figures 21 and 22).

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Just as troubling is European willingness to defend another NATO country from a Russian attack (figure 23), which contrasts with Russian national pride (figure 24).

In short, since World War II Europe has been protected by US. UU. Which has enerated a lack of awareness of defense that prevents it from reacting to the threats identified.

No European country is among the largest spenders in defense (figure 25) and only UK and France exceed 2% of GDP requested by NATO.

Germany, Italy and Spain only devote around 1% of GDP (figure 26) and although in 2016 there is a rebound to steady decline since 2006 (figure 27).

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IHS Jane’s projections, on the other hand, gic. Strategic capacity is achieved through predict that by 2020 security spending will transport aircraft, helicopters, drones, sat- barely increase in Western Europe. Highest ellites, and field hospitals that are lack- growth in region will occur in Norway (+ 2%), ing because National interests prevent ad- up to 5.8 billion dollars (5,500 million euros equate coordination of existing capacities. at current exchange rate); Ahead of Germany (+ 0.7% and 36.3 billion euros) and France (+ The latest McKinsey & Company analysis 0.4% and 43.4 billion euros). On the other hand, for the Munich Security Report 2017 com- spending will fall in Italy (-0.6% to 21 billion) pares and evaluates categories of weapon and United Kingdom (-0.5% to 7.5 billion). systems used by the US military. and the EU concluding that European states could Poor coordination of capacities save about 30% (over 220,000 million bud- The EU Global Strategy (EGUE), adopted by geted) on defense if they coordinate their the European Council on 28 June of 2016, capabilities. An example of incoordina- aims to relaunch foreign and security policy tion is the high number of weapon systems (CFSP) as a key piece of European construc- in the EU compared to USA. (Figure 28). tion. A permanent military headquarters is established to plan and Military and civil- ian missions and “permanent structured cooperation” (PESCO), which would en- able a core group of countries to voluntarily adopt measures to further integrate their military capabilities. However, EU lacks foreign policy, military capacity and political 25 will that demand to be protagonist strate-

http://www.realinstitutoelcano.org/wps/portal/rielcano_es/contenido?WCM_GLOBAL_CONTEXT=/elcan o/elcano_es/zonas_es/defensa+y+seguridad/ari35-2015-milosevichjuaristi-rusia-amenaza-existencial-europa

https://www.google.es/webhp?sourceid=chrome-instant&rlz=1C1ASUT_esES534ES535&ion=1&espv=2&ie=UTF- 8#q=munich+security+report+2017

http://cronicaglobal.elespanol.com/graficnews/union-europea-gasta-defensa-mala-

The report clearly shows the need ment rigorously the decisions taken: for capacities and increase the performance of the budgeted. At the 2014 Wales Summit NATO expanded the Response Force (NRF) with the EE. UU. Quadruples investment by EU very High Availability Joint Force (VJTF) soldier (US $ 120USD). For 30USD in formed by a Multinational brigade (ap- the EU and difference between the per- proximately 5,000 soldiers), with five bat- centage dedicated to personnel and talions, supported by air, naval and spe- equipment is only twelve points in cial operations forces capable of deploy USA. (37-25) which contrasts with the in 48 hours in the Sahel, Middle East. 30-point difference (50-20) in the EU. The integration of capabilities is tech- The Alliance agreed at Warsaw sum- nically feasible, as illustrated in the ex- mit (Figure 29) to deploy four battalions ample of the German and Dutch armies, (some 4000 fighters) in the Baltic coun- if the political obstacles are overcome. tries and Poland to counter Russia’s wounds, although in RAND’s opinion In any case, as long as Europe is not NATO would need to deploy at least sev- a military adult, the protection of en brigades Of 5,000 soldiers and three USA. Across the Atlantic is impera- of them armored) to contain the threat. 26 tive and the EU countries must to move away from voluntarism and imple- Legislación y Economía May 2017

Conclussions

Europe possesses the great spiritual pat- ated to guarantee the survival of our way rimony of the Christian civilization that of life because deterrence is achieved with supposes a diamantine means to devel- defense awareness, military capabilities op collective soul before new challenges. and internal security (police and effective administrative bureaucracy). In short, Eu- European citizens must assume that po- rope barely has the capacity to respond to litical union and common defense are es- the threats that lurk without NATO support sential for the future of the EU and that would be unable to respond to the attacks to defend freedom demands unavoid- of Russia and Turkey and wouldn’t react to able collective efforts and sacrifices. huge waves of immigrants from the south.

The awareness of defense does not arrive This lack of capacity is mainly due to scarce from day to day so it is urgent to start work budgets and the lack of coordination among hard to create the symbology and the my- states that prevent a defense at the mo- thology essential to defend values. In the first ment. Only the political union and the real- place, successful institutions of emergency istic common defense can save to Europe, such as the Creel Commission that was es- something difficult because because since tablished by the US Government to convince World War II it is guarded militarily by EE. UU. citizens of the need to enter the World War Its citizens have little culture of defense. L&E I in order to save democracy. If this “Euro- pean collective subconscious” is achieved, necessary common institutions will be cre- 27

Norms of INTEREST

REGULATION OF TRUSTEES AND TRUST

Giovana del C. Miranda G. - Attorney [email protected]

aw 21 of May 10, 2017 was recently enact- tion, we have that rules of regulation ed, which establishes rules for the regula- and supervision contained and stan- Ltion and supervision of trustees and trust dards that develop it are of public or- business, and other provisions are enacted. der and will apply to all fiduciaries hold- This Law provides that the Super- ing fiduciary licenses or authorized by intendency of Banks shall have ex- law to exercise the business of trust. clusive competence to regulate and supervise trustees holding fiduciary li- It establishes that performance of mem- censes or authorized by law to exercise bers of the Board of Directors, the su- trust business, as well as to ensure the perintendent and delegates of the lat- proper functioning of trust business. ter, in exercise of their functions and attributions, enjoy a presumption Similarly, the Superintendency of of legality, diligence and good faith. Banks is empowered to develop provisions of the Fiduciary Regime re- Determines that in case of a claim against 28 garding supervision and regulation. them for their actions, it will entail separa- Regarding the scope of application of their position until the cause is decid- Legislación y Economía May 2017

ed and granted an institutional protection. ments in such a way as to permit a clear identification of separation of the fiduciary The said institutional protection implies activity and of the trusts they administer that members of the Board of Direc- with respect to other activities of the bank. tors, superintendent and its delegates, as well as any other official authorized It has been provided that fidu- by the Board of Directors by reasoned ciaries with a fiduciary license resolution, shall have the right to the or those authorized by law, may: Superintendence of Banks to cover expenses and costs necessary for their 1. Establish and administer trusts in defense, when they are object of ac- accordance with the provisions of this tions, processes, judgments or demands. Law.

Derived from acts and decisions adopted in 2. Handle bank accounts and escrow accordance with this Law and in the exer- accounts. cise of its attributions, functions or obligations. This applies to such officials for acts 3. Provide financial consulting ser- performed in the exercise of their duties, vices. even after they have ceased to function. 4. Act as a representative with the In the event that the official is re- right to vote at meetings of share- sponsible for the act or fact im- holders or partners and act as repre- puted to him, he shall reimburse the sentatives of bondholders and other Superintendency of Banks for all ex- securities. penses incurred by him for his defense. 5. Participate or intermediate in the With approval of the Law, a rate of fidu- constitution and/or administration of ciary regulation and supervision is cre- corporate, fiduciary and foundational ated in favor of the Superintendency structures. of Banks, so that fiduciary companies will be subject to annual payment of 6. Acting as custodians of shares, regulation and supervision, which in- documents and securities. cludes a fixed sum and a variable which will depend on the asset trustees and 7. Exercise any other activity com- whether it is natural or legal person. plementary to the fiduciary activity authorized by the superintendent of Within this context, trustees will be sub- Banks in general or individual form. ject to the payment of inspection fees set by the Superintendency of Banks The use of words “trust”, “trustee” or its for all activities authorized by this Law. derivatives is restricted, since only those In order to obtain a fiduciary license, ap- fiduciaries to whom the Superintendency plicant must accredit to the Superinten- of Banks has granted fiduciary license dency of Banks, among other things, that and those authorized by law to exercise it has appropriate levels of professional- business of trust can use those terms ism, specialization, technical, financial, or any other expression that implies that legal, administrative and operational ca- he or she is engaged in the business of pacity to develop the fiduciary business. trust in his or her name, company name, corporate name, description of objec- Likewise, banks requesting a fiduciary tives or denomination of invoices, letter- 29 license must accredit the above require- heads, notices, advertisements or by any

means, Including electronic, that indicates or split it will require prior authoriza- that it exercises the business of trust. tion of the Superintendency of Banks.

On the other hand, it is prohibited for Voluntary liquidation of trust business is notaries to authorize deeds or copies contemplated, provided that any fiduciary of these, acts, declarations or instru- who decides to stop exercising the trust ments peculiar to their office and - au business must previously have the autho- thentication of signatures that contra- rization of the Superintendency of Banks. vene provisions of this Law. Inscriptions. Prior to cancellation of license, trustee shall As for the shares, it has been pro- credit the trustee to whom has transferred vided that companies that are autho- his trusts to another fiduciary trustee. rized to act as fiduciaries, will issue Law 21 provides for administrative and the shares that represent their share operational control of the fiduciary and capital exclusively in nominative form. fiduciary business, when the Superin- tendent of Banks determines that there The minimum amount of paid or assigned is an operational, administrative or fi- capital in case of branches, net of losses, nancial deterioration or weakness of the required to request and maintain a fidu- fiduciary business, in its discretion, may ciary license is one hundred fifty thousand assume administrative and operational balboas (B/.150,000.00). The trustee may control The fiduciary and the fiduciary not, at any time, suffer reduction of its cap- business, by means of a reasoned reso- ital below the minimum amount required. lution, including the possession of the assets of the fiduciary company and the Trustee shall, within three months of end of exercise of its administration, in accor- each fiscal year, submit to the Superinten- dance with the grounds set out in the dency of Banks its audited financial state- following article, for best defense of the ment, its unaudited financial statement, interests of the clients and creditors. shall be presented within thirty days following the close of each quarter of the year. We can also mention that the rule in question regulates administrative sanc- Within powers granted to the Superin- tions that the Superintendent may im- tendency of Banks is to request from pose for acts violating provisions of the trustee documents and reports this Law and its regulations, according about its operations, activities and to the seriousness of fault, its recidi- all the trusts in which it acts as such, vism and the damages caused To thirds. even if they are trusts that have been subject to execution to a foreign law. They contemplate rules relating to the Prevention of Crime of Money Launder- In addition, the Superintendency of Banks ing, Financing of Terrorism, Financing of may request from the trustee information the Proliferation of Weapons of Mass De- regarding operations and activities that it struction and Related Crimes. It being es- has entered into with related entities in cas- tablished that trustees will be required to es where they affect the trustee or a trust. issue policies and procedures and structures of internal controls to prevent their Any change of name or corporate name services being misused for money laun- and any modification or reform to the dering, terrorist financing, financing of the fiduciary’s social plan will require pri- proliferation of weapons of mass destruc- 30 or approval of the Superintendency of tion. Mass destruction and other related Banks, as well as to merge, consolidate offenses or of similar nature or origin. Legislación y Economía May 2017

This Law 21 modifies, repeals and - in troduces articles to Law 1 of January 5, 1984, Executive Decree 16 of Octo- ber 3, 1984; Law 69 of December 27, 2007; Law 47 of August 6, 2013; Law 23 of April 27, 2015 and the Fiscal Code.

Finally, it has been established that the Superintendency of Banks will enter into understandings with Foreign Supervisory Entities, either bilaterally or multilater- ally, that will allow and facilitate regulation and supervision of the fiduciaries and the overall evaluation of subsidiar- ies, affiliates or related companies. - Fi duciaries in accordance with this Law.

These agreements shall specify, among others, the criteria applicable to inspec- tions and exchange of information and cooperation among entities. Likewise, those who have a fiduciary license at the time of entry into force of this Law must prove to the Superintendency of Banks compliance with the new requirements established in this Law, in order to continue acting as fiduciaries.

For these purposes, the Superintendency of Banks will establish, through Agreement, the documents required for the afore- mentioned accreditation process. L&E

PANAMÁ BILINGUAL

PROGRAM Giovana del C. Miranda G.- Attorney [email protected]

ith approval of Law 18 of May 10, 2017, PanamaW Bilingual Program was created, whose primary objective is to implement English as a Second Language teaching in official educational studies centers of the Republic of Panama, with the purpose to equip its students with In the same way, training abroad should best tools of competitiveness that fa- be carried out in universities of countries cilitate their insertion in labor market. whose mother language is English and that has a training program for teachers. It has been established that the Program will organize, develop and direct profes- It will be responsibility of the Ministry sional development programs, initiatives of Education to grant to official educa- and courses for teaching of English lan- tional centers that implement the Pro- guage, destined to teachers in service gram the category of bilingual educa- in the system of official education and tion center, whose students will study giving priority to new teachers in forma- all areas and subjects of pre-school, tion of the Superior Institute Juan De- primary, middle and high school educa- mostenes Arosemena and universities. tion in English, of Spanish, mathematics, religion, civics, history and geography. The main components of the Program will be: Teacher training; Increase of English Another aspect that should be mentioned class hours at general basic level during is that the National Directorate of Foreign regular school hours and the Program for Language Teaching has been created, students at the middle and high school lev- which will be able to generate policies and els that will be taught in extra days until of- strategies to coordinate, plan, organize, ficial centers are joining the extended day. monitor and evaluate bilingual education actions in general basic education centers, For purposes of teacher training, a pro- Middle and middle in the whole country. L&E gram will be established to choose national or international universities, English language schools that meet standards of 32 excellence to provide training at local level. Legislación y Economía May 2017

SUPPORT FOR TRADE PARTNERS, INCLUDING BENEFICIARY COUNTRIES OF SPECIAL REGIME FOR STIMULATING SUSTAINABLE DEVELOPMENT AND GOVERNANCE (GSP+) TO EFFECTIVELY IMPLEMENT NITS AND MEET REPORTING OBLIGATIONS

Source: OIT y UNIÓN EUROPEA

Around the world, developing countries in and regional human rights norms, conven- Avarious stages of economic development and tions and instruments. It also aims to sup- with varying economic profiles face common port, develop and consolidate democracy in challenges of compliance with international countries by improving reliability of electoral labor standards (NIT). These challenges con- processes through electoral observation cern the effective implementation in law and missions. The European Union’s system of in practice of ILO fundamental Conventions advantageous tariff preferences for vulnera- that establish the conditions for a healthy ble developing countries which undertake to labor market to develop without discrimina- ratify and effectively implement 27 basic in- tion, forced labor, child labor and conditions ternational conventions on human and labor of democracy and freedom of association. rights, environmental protection and good governance, including in the context of GSP In the absence of these enabling condi- + and The implementation of the UN Guiding tions, economic development can’t trans- Principles on Business and Human Rights. late into human and social development. NITs are legal instruments drawn up by ILO The ILO’s mandate since 1919 is to ad- constituents (governments, employers and dress “the conditions of work... which en- workers), which establish basic labor rights. tail such a degree of injustice, misery and The ILO Governing Body has identified eight deprivation for a large number of human Conventions covering topics considered beings that discontent is a threat to uni- as fundamental principles and rights at versal peace and harmony” and is based work. These fundamental Conventions are: on recognition that “if any nation doesn’t • Freedom of Association and Protection of adopt a truly human labor regime, this omis- the Right to Organize Convention, 1948 (No. sion would constitute an obstacle to ef- 87). forts of other nations wishing to improve • Right to Organize and Collective Bargain- the lot of workers in their own countries.” ing Convention, 1949 (No. 98). • Forced Labor Convention, 1930 (No. 29). Same motivation to promote social develop- • Abolition of Forced Labor Convention, 1957 ment through democracy lies behind inno- (No. 105). vative instruments such as the European In- • Minimum Age Convention, 1973 (No. 138) strument for Democracy and Human Rights • Worst Forms of Child Labor Convention, (EIDHR), which aims to strengthen respect 1999 (No.182) for and observance of human rights and free- • Equal Remuneration Convention, 1951 (No. 33 doms Fundamental in line with international 100)

• Discrimination (Employment and Occupa- that gender equality and equal opportuni- tion) Convention, 1958 (No. 116) ties, including the needs of people with dis- abilities, and most vulnerable Processes. By ratifying an ILO Convention, countries commit to implementing it. Beneficiaries

To ensure that this is done properly and The project will primarily benefit the Min- that it has an impact on the practice, they istry of Labor and Labor Development have an obligation under ILO Constitution with an emphasis on building its capac- to regularly inform the ILO of measures ity to face challenges that arise to ful- taken and identify application gaps and en- fill its national and international com- gage in a permanent dialogue with the ILO. mitments. Workers and employers, and Interested countries on how to strength- their organizations, will be priority ben- en the implementation and impact of ILS. eficiaries of project. It will also benefit the tripartite spaces for social dialogue. Panama has ratified 78 ILO Conventions (of 189) and 1 Protocol, including all fun- It will also benefit other ministries and public damental Conventions, 58 are in force. The institutions concerned, such as the Ministry control bodies have raised requests related of Commerce, judiciary, parliamentarians, to the application of ratified Conventions by academics, research partners and media. the country, including fundamental ones. Expected results

Objective of the Project 1. Capacity of the government of Panama and social partners for him to send re- It is a regional project and will be imple- ports to the improved ILO. mented in six member States of the ILO which are also GSP + trade partners / 2. Tripartite dialogue on harmonization of beneficiaries: Cape Verde, Mongolia, Paki- implementation with NITs, in particular on stan, Panama, Paraguay and Thailand. Conventions Nos. 87 and 98 strengthened: The action will support the tripartite con- The objective of project is to contribute to stituents to make progress in addressing improving compliance with fundamental the comments of the ILO CEACR. Conventions, with a focus on Conventions Nos. 87 and 98. The country will be as- 3. Specialized agencies and government sisted in fulfilling its reporting obligations services empowered to understand and to the ILO, strengthening institutional ca- implement fundamental Conventions. pacity of Panamanian government particularly in relation to comments made by the 4. Enhanced capacity of national institu- ILO’s supervisory bodies on application of tions to integrate fundamental principles these agreements; While also strength- and labor rights into training curriculum ening thpacities of employers and work- for judges, lawyers, labor inspectors and ers as important actors in meeting ILS. media professionals.

The project wll also contribute to efforts to As well mentioned in document, Panama 34 strengthen good governance, sustainable has ratified a plural number of Interna- development and human rights by ensuring tional Conventions, which undoubtedly Legislación y Economía May 2017

are useful for country and labor issue is not the exception, so we see that Interna- tional Labor Conventions express global solidarity in matters of protection, include participation of companies by emphasiz- ing importance of dialogue and consensus, regardless of whether these issues are already included in Labor Code. L&E

PATERNITY LICENSE

Giovana del C. Miranda G.- Attorney [email protected]

n May 25, 2017, Act 27 of May 23, ployer or institution, one week be- 2017, which creates the paid paternity fore probable date of birth and to Oleave for workers of private compa- submit the birth certificate later. L&E nies and public servants, whose wife or cohabiting partner in conditions of uniqueness and find in pregnancy that will be granted at time of birth of son or daughter.

The license will be for a period of three (3) business days, which will be counted as effective service time, during which period the beneficiary can’t work for another em- ployer or for his own account.

Worker, in order to benefit from the benefit, is obliged 35 to communicate to em-

NEW INSTITUTIONAL FRAMEWORK FOR COMPETITIVE DEVELOPMENT OF INDUSTRIAL SECTOR

Giovana del C. Miranda G.- Attorney [email protected]

aw 25 of May 23, 2017 was enacted, modi- and manufacturing industries, aquaculture fying and adding articles of Law 76 of 2009 processing, forestry and fisheries resources, Lfor promotion and development of indus- including micro, small, medium and other es- try, with general objective being to create a tablished industrial enterprises or To be es- new institutional framework and a norma- tablished in the Republic of Panama, as well tive body that propitiated competitive devel- as to the totality of the integrated operations opment of the industrial and agroindustrial of the industries of hand invoices that are ded- sector, proposing to this effect policies and icated to the obtaining and transformation of programs of support that stimulate renewal raw fishery, agricultural, forestry or others. and industrial innovation, with a view to obtaining greater diversification of national The National Program of Industrial Competi- productive apparatus, industrial chain and tiveness is created as a permanent program, linkage to the international markets, t con- led by the National Council of Industrial Poli- tribute to the generation of jobs and econom- cies, with purpose of implementing a national ic and social development of the country. policy of industrial promotion aimed at boost- ing productivity and industrial and agroin- Specific objectives include: 1. Providing dustrial competitiveness, boost investment right environment and opportunities for the and promote changes in roductive structure growth of Panamanian industry, based, in to generate greater national added value. particular, on the effective incorporation of technology with high added value. 2. At- On the other hand, the National Council of tracting new foreign and domestic invest- Industrial Policy will be in charge of approv- ments, as well as encouraging local invest- ing the National Program of Industrial Com- ment, with a view to encouraging efficiency petitiveness and will be responsibility of the in national production channels and their Technical Secretariat of this Council to en- subsequent incorporation into value-added sure design, coordination and faithful com- chain. 3. It guarantees the stability and cer- pliance of the implementation of the program. tainty among all productive actors of the country that tend to promote and support In relation to this point, the National In- the initiatives of the private sector, as well dustry Registry is created. With the pur- as the consequent execution of the adapta- pose of collecting statistical data and tion actions that must be carried out insti- developing indicators that allow to evalu- tutionally from the productive platforms. ate the growth of the competitiveness and productivity of national industry. 36 The scope of law in question, has been established that it will apply to agribusiness However, only companies established in Legislación y Economía May 2017

the national territory that carry out in- sible for reviewing and approving or disap- dustrial transformation processes may proving reports Technicians for granting of be registered in the Registry, after com- the certificate of industrial development. plying with the requirements and eval- uations established in this regard. Another aspect to be mentioned is that the Single Window of Industry is created under As an exception, it has been stipulated that coordination of the General Directorate of following companies will not be able to Industries of the Ministry of Commerce and register in the Registry: 1. Communication Industries, with the main purpose of central- channels except industries that develop izing execution of specific functions of the high-tech goods used in communications. public entities that attend The processes of 2. Generation, transmission and distribution agroindustry and the manufacturing industry. of electricity, except those industries that It also introduces principle that pro- adopt modalities of production of renewable cesses and procedures to be carried energy and cogeneration for self-consump- out will be implemented based on prin- tion. 3. Those dedicated to packaging and ciples of administrative speed, proce- distribution of products, without a process dural economy and lack of formalities. of industrial transformation. 4. The builders. 5. Extractive industries or that exploit metal- It is important to note that companies that, lic mineral resources of the country. 6. Those as of December 31, 2017, should remain in established in a special tax or customs re- force in the Official Register of Industry in gime, such as free zones, free trade zones and accordance with Law 3 of 1986 or have a special economic areas, as well as those that contract with the Nation covered by De- have contracts with Nation or contracts laws. cree of Cabinet 413 of 1970 or Contract Law of Promotion to Industry will maintain the In this context, we have that companies tax benefits until December 31, 2020, with- that are duly registered in the Registry will out the need for any formality or request. enjoy tax benefits and incentives, such as 3% as import tax on raw materials, semi- We can point out that a period of nine months finished or intermediate products, machin- is granted, counting from the entry into force ery, equipment and spare parts, Packaging of this Law, so that the National Council and other input that enters composition or of Industrial Policy must approve the Na- the process of elaboration of its products. tional Industrial Competitiveness Program.

As well as the deduction as an expense in On May 24, 2017, Law 25 entered into force. the declaration of income of the first year Law 25 must be regulated by the Ministry of of the 100% of the tax of the transfer of Commerce and Industries, within a term not corporal goods furniture and services pro- more than one hundred and twenty calen- vision on the machinery, equipment and dar days, counted from its entry into force. spare parts for these; The Regime of Drag of Lost and the Regime of customs refund. Finally, we can indicate that benefits and rights With the entry into force of the norm, the established in Law 25 and that are granted National Council of Industrial Policy is cre- through the Registration in the Registry, will ated as an advisory body and coordinator come into effect as of January 1, 2018. L&E of the Executive Branch in matters related to the development and development poli- 37 cies of the industrial sector and as respon-

Consult Doctrine & JURISPRUDENCE

THE ACCUSTIVE CRIMINAL SYSTEM AND THE ALTERNATE PENAL CONFLICT SOLUTION PROCEDURES

Joel Rincón - Legal assistant [email protected]

he solution of criminal disputes tribute to restoring harmony and social by means of alternative means is one peace, taking into account that punish- of the pillars of the Accusatory Criminal ment represents an extreme measure. TSystem, in which its predominant fea- “Restorative justice has been conceived ture is that it provides a timely solution from its beginnings as an alternative in respect of the guarantees and fun- paradigm of Justice, in contrast to the damental rights of each of participants. dominant model of the criminal justice system, described as retributive or puni- This is so since there are certain crimes tive. It is a slope of justice that empha- where treatment by the Accusatory sizes reparation for damage caused by System is not at all the retribution or criminal behavior through cooperative punishment, restoration, since restor- processes in which persons involved ative justice is a principle contained or take part and has the concept of crime enshrined in Article 26 of our Code of as a rupture of human and social rela- Criminal Procedure Establishes: “Art.26 tions before As a violation of the law. Resolution of the conflict. The courts will 38 seek to resolve the conflict arising as a Title IV of the Code of Criminal Proce- result of punishable act, in order to con- dure develops the various forms that Legislación y Economía May 2017 the Criminal Accusatory System allows 7. Inviolability of domicile and invio- to resolve conflicts of a criminal nature. lability of secrecy. 8. Falsification of documents to pri- Withdrawal of Punitive Pretension: vate detriment. Traditionally, Withdrawal appears as one of classic and exceptional means of termination of proceedings, this with regard The Conciliation to Civil Procedure Law, nevertheless in the field of Criminal Procedure Law is From the general point of view, it is con- not without its importance and utility. sidered as an alternative mechanism of conflict resolution, in all branches of law, Although it is true, it is the State’s obli- while in crimi- gation to prosecute through the Public nal matters; Is a Prosecutor’s Office, and that in certain Restorative Jus- cases it only operates at the request of a tice Mechanism, private instance, either through denun- which attends to particularity of conflict ciation or complaint formally consti- being dealt with, since it has originated tuted, not less certain is that the law al- in a crime. One of key aspects for the lows To the victim in certain categories success of new Accusatory System con- of crimes to have the free disposition as tained in the Code of Criminal Procedure far as exercise of criminal action and it is systematic development of negotia- empowers to request before the Judge tions that can be achieved in different of Guarantee the power to desist from cases and with different effects through- the punitive claim and only applies the out the process, but which have in com- catalog of crimes established in article mon Purposes of triminal process are 201 Of the Code of Criminal Procedure. reached without the need for process to go through all stages until merits. This Article 201: Opportunity and types of Alternate Procedure is not widely used. crimes. Before oral trial, punitive claim may be waived in the following offenses: The Mediation 1. Wrongful death, personal injury and wrongful injury. This alternative procedure of conflict 2. Theft, misappropriation, scam resolution has the particularity that the and other frauds, usurpation, damages, person who committed anti-legal be- crimes committed by check. havior retains his condition of primary 3. Failure to comply with family du- delinquent, ties and libidinous acts when victim is of that is to say, legal age. doesn’t have 4. Evasion of quotas or undue reten- a criminal tion, as long as it doesn’t affect assets of record, me- the State. diation is re- 5. Against intellectual property that quested by the don’t cause danger to public health. accused or the victim; The principle of 39 6. Slander and insult autonomy of parties prevails and that

of minimum intervention, once media- Conditional Suspension of tion agreement is admitted, the Judge the Process will proceed to suspension of process until one year for its fulfillment, agree- It consists ment being fulfilled within terms indi- in the inter- cated, extinction of criminal action in ruption of a hearing requested by the Prosecu- exercise of tor or parties, in the event of breach the criminal of the agreement will reactivate the action for process, it is important to note that the time in- against the decision taken by the Judge dicated by of Guarantees there is no recourse the Judge of The criterion of Opportunity Guarantees, and that in accordance with the Code of Criminal Procedure of the Republic of Panama, can’t be less than It is a figure that is within the function one year nor more than three, to sub- of the Public Prosecutor’s Office to ject the accused to a personalized test control the burden of the work that the regime, consisting in performance or system handles, since its purpose is to abstention of some activities or behav- help relieve iors or in the submission to some medi- the system by cal or psychological treatment, for the solving cases purpose of improving their educational, that, otherwise technical or social condition and avoid a and depend- process and imposition of an unneces- ing on appli- sary sanction for restoration of the or- cable assump- der broken by commission of the crime. tion, could happen to The request for suspension must be re- trial or remain in a simple file. quested by the defendant through his Technical Ombudsman, having as a It is a different response than usual, term to promote it, until before the trial but based on the power of the Public opening, provided that it is a crime that Ministry to exercise or not the criminal admits this type of request; That the ac- action entrusted to that institution by cused has admitted the facts and; which constitutional mandate. It is a question has been agreed in reparation of damag- of abstention from criminal prosecu- es. It is worth mentioning that the Code tion in cases that, even if it is a crime, allows the Judge of Guarantees, grant it is not fair or proportionate to take suspension, even if the accused fails them to the oral trial, allowing these re- to reach a total agreement with victim. sources to be used for other processes that generate greater social impact. Agreements

40 One of the most important innovations that the Accusatory Criminal System Legislación y Economía May 2017 contributes to Panama’s forensic prac- ride each other, but for the system to tice is the introduction of the Penalty function to the maximum of its po- Agreement, a mechanism through which tential, they must complement each a c c u s e d other. We would make a mistake if we person can accepted the positions in which one agree with of these systems nullified the other. the Pros- ecutor in ex- This way of understanding only acts change for against the victim, the prosecution and receiving a the system itself. Therefore, we must sentence more favorable in your case. not fall into the extremist mistake of Popular culture has familiarized Latin believing that criminal sanctions or American society with this mechanism, the punitive power of the State don’t which had its origin in Anglo-Saxon law. serve and that therefore must disappear; Or that the non-adversarial pro- According to article 220 of the cesses in their case, are a direct route Code of Criminal Procedure, to impunity or to simple decongestion the penalty agreement can be of the court, but on the contrary that by made under two assumptions. complementing and assisting, they re-

sult in effective judicial protection. L&E The first is that person imputed accepts, totally or partially, responsibility for the criminal acts contained in the imputa- tion, and for effective collaboration. In this last situation, the accused becomes a witness to a criminal case, and after he has contributed his testimony to prosecution of that cause, receives the benefit.

Once negotiation between the Public Ministry and technical defense has taken place, the agreement must be presented to a Judge of Guarantees for validation, the Judge may approve or reject it only in three cases. First, that agreement in- fringesguarantees of the accused; Sec- ond, that it is the product of an act of cor- ruption; and third, when it shows banality.

At present we are talking about two ways of solving criminal matters. A method called adversarial and another negotiation. The procedures of 41 each method must not overlap or over-

THIRD ROOM OF THE ADMINISTRATIVE AND LABOR CONTENTIOUS DOESN’T ADMITS LABOR CASSATION RESOURCE OF YARILIS DRIVING SCHOOL VS FEDERICO MANCILLA PARDALES Judá D. Rodríguez - Legal assistant [email protected]

DETAILS OF THE RESOURCE OF ing that the employment relationship be- CASSATION gan on September 1, 2010 and indicating The YARILIS DRIVING SCHOOL filed a labor ap- that salary was agreed by B/. 1.81 amount, I.peal in the Third Chamber of Labor Administra- lower than that declared by the plaintiff also tive Litigation against the Judgment of Novem- objected to evidence and presented an ex- ber 16, 2016, from the Superior Labor Court of ception to payment of the plaintiff’s claims, the First Judicial District. We quote some of the which were entered in Conciliation Fund of considerations of the PARTIES and the Court: the Ministry of Labor and Labor Development.

The worker FEDERICO MANCILLA PARDALES II. CASE FOUNDATION OF THE filed a labor claim with the purpose of con- CASSATION RESOURCE demning the YARILIS DRIVING SCHOOL to the Through this appeal, amparist intends to payment of labor rights, consisting of their marry the Sentence convoked in this colle- rights acquired through the years of service. giate court and requests that the judgment issued by the High Court be revoked and that FEDERICO MANCILLA PARDALES maintains the non-existence of the claim be recognized. in its statement that it began the employment The judicial representative of YARILIS DRIV- relationship in an unwritten way with the com- ING SCHOOL argues that the judment vi- pany YARILIS DRIVING SCHOOL, on Septem- olates articles 69 and 769 of the Labor ber 25, 2009, as a Driving Instructor, the same Code, which are transcribed as follows: that he performed with a salary set at B/. 2.50 per hour and said employment relationship Artíicle 69. “In the absence of a writ- was terminated on June 15, 2012, through the ten contract, facts or circumstances al- resignation of Mr. FEDERICO MANCILLA PAR- leged by worker that must be included in DALES, as provided by Article 210, numeral 7. said contract shall be presumed to be true.” Article 769. “If signature of document is It also states that one (1) year and twenty-two not denied but its content is denied or the (22) days after the start of work, the respon- latter is challenged, it shall be the party dent company formalizes employment rela- that acknowledged the signature to ver- tionship with the signature of a defined con- ify the alleged falsification or alteration.” tract. The same had as its date of termination on February 28, 2011. At the end of the day, “In both cases, verification of the content Mr. MANCILLA continued his work in a con- will be carried out by means of expert in- tinuous and uninterrupted manner, becoming vestigation, which the judge will order such an employment relationship indefinite. when ordering practice of evidence, at request of a party, or ex officio, if it consid- 42 Upon notice of the defendant, it denies the ers it essential for clarification of the facts.” facts mentioned by Mr. MANCILLA, stat- The marketeer contends that infraction Legislación y Economía May 2017

is mentioned, didn’t occur because there It should be noted that the working relation- was a contract of employment, which be- ship between parties lasted twenty-one (21) gan on September 1, 2017 and was test- months, while checkbooks provided as proof ed through deposits made at the Min- of payment of duties requested for that time istry of Labor and Labor Development. of work were only five months; and although the minutes of the hearing don’t indicate As regards alleged violation of section 769 that were presented in originals, these docu- of the Labor Code, the lawyer maintains that ments present a stamp of Primary Judge the official examination wasn’t subject to the stating that they were copies of the original. correct procedure, since copies were authenticated and not in their originals. Therefore, For another aspect, both vacations, se- the defendant can’t be condemned for omis- niority premium and the thirteenth month sions and errors committed in the process. are benefits that have their calculation period and cancellation date; It becomes ille- III. ROOM DECISION gal and strange to do it on different dates...” Having studied arguments on which appeal for cassation is based, it is up to the Labor Otherwise, higher court assessed the al- Cassation Chamber to decide the contro- leged falsity of a document, as follows: versy raised, not without first warning that, It is added to the questioning of verac- extraordinary appeal for labor marking in ac- ity of said proof of payment of the claimed cordance with article 924 of the Labor Code, benefits, which in minutes of concilia- The purpose of this case is to amend infer- tion between parties before the authority. ences inferred to the parties in second instance decisions that make a res judicata, in The company sued before the author- addition, the cassation appeal seeks to en- ity that didn’t have documents that accredit sure the exact observance of laws by courts payments of economic rights made to the and to standardize national jurisprudence. worker and it appears as incredible that later same company that has documentary Consequently, the Court of Cassation limits evidence and contribution to the process. itself to examining the judgment appealed against in light of charges made, since the In view of the above and given that assess- labor appeal doesn’t attribute full cognition ment made by the Higher Labor Court were about the business, as it does with the appeal. based on evidence provided to the process, The jurist maintains the alleged viola- this Labor Cassation Court considers that tion of articles 69 and 769 of the Labor the alleged violation of legal provisions cited Code, which refer to existence of the con- as infringed doesn’t constitute the owner of tract of employment and to the misrep- the Business establishment YARILIS DRIV- resentation of a document, respectively. ING SCHOOL is obliged to pay labor benefits owed to FEDERICO MANCILLA PARDALES. Within assessment made by the High- er Labor Court of the First Judicial Dis- Consequently, the Third Chamber of the Su- trict with respect to exception of pay- preme Court of Justice, DOES NOT SETTLE the ment invoked, devoid of appeal as follows: judgment of November 16, 2016, issued by the The Chamber observes that on these last evi- Superior Labor Court of the First Judicial District, dence the substance of dispute turned, nev- within the labor process FEDERICO MANCILLA ertheless it is appreciated that those docu- PARDALES VS. YARILIS DRIVING SCHOOL. L&E 43 ments didn’t accredit the claimed payment.

THE THIRD ROOM OF ADMINISTRATIVE AND LABOR LITIGATION DECLARES PARTIALLY TESTED THE EXCEPTION OF PRESCRIPTION WITHIN THE EXECUTIVE PROCESS BY COACTIVE CHARGE FOLLOWED BY FIRST EXECUTIVE COURT OF MUNICIPALITY OF PANAMA

Casilda Quiróz - Legal assistant [email protected]

U nder the statement of Judge Cecilio Ce- That the amount owed as stated in the sta- dalise, the Third Chamber of Administra- tement issued by the Municipality of Pa- tive and Labor Litigation, resolves an ex- nama, establishes charges since 2009, ception of prescripcióndentro of executive and being to date have exceeded five process by coerced collection, filed by the (5) years for which the obligation pur- firm ARIAS, ALEMAN & MORA, represen- sued has been prescribed in accordan- ting the company BELLA FORMA, S.A. ce with what is established in Article 33 of Agreement No. 162 of December 19, 2006. After admitting the exception, it was or- That from the moment the obligation was dered to transfer the same to executing due to date The Municipality of Pana- entities as well as to the Office of the Pu- ma didn’t make any attempt to carry out blic Prosecutor, and the order was also any notification management to the com- suspended. We cite some of the argu- pany until April 2016, which was notified. ments of PARTIES and judicial authority: OPPOSITION TO INEQUAL EXCEPTION ARGUMENTS OF THE EXCEPTIONIST The first executing judge of the Municipality The judicial apprehend of the company re- of Panama, answers prescription exception, quests that the exception of prescription accepting several of facts on which action is based on the following terms is proven: based and denying others, based on interrup- That its represented company was a com- tion of limitation period in accordance with pany dedicated to the Beauty duly registered stipulated in the article 738 of the Tax Code. in the Municipality of Panama, closing operations from the month of January of 2015. OPINION OF THE ADMINISTRATION ATTORNEY That the Municipality of Panama issued For its part, the attorney of the administra- a resolution in which it issued a payment tion issued Fiscal Opinion 990 of Septem- order until the concurrence of B/. 847.45, ber 22, 2016, in which he held that municipal and later by means of a second Order of taxes claimed by the Municipality of Panama March 15, 2016, the execution was exten- from March 2009 to March 2011 are prescri- ded to the sum of B/. 7,977.41, in Concept bed, After limitation period of 5 years making of delinquent municipal taxes, surcharges reference to article 96 of Law 106 of 1973. 44 and interests against the society executed. It also notes that taxes ranging from Legislación y Economía May 2017

2011 to March 2016, are not prescribed, Based on the considerations expressed by as stipulated in Article 32 of Municipal the Third Chamber of the Supreme Court, Agreement 40 of April 19, 2011, in accor- DECLARES PARTIALLY DETERMINED THE dance with Article 86 of Law 106 1973. EXCEPTION OF PRESCRIPTION within the In turn, it points out that interposed ex- executive process by coercive collection ception must be declared partially pro- followed by the First Executing Court of the ven, with respect to taxes generated within Municipality of Panama, regarding munici- term from March 2009 to February 2011. pal taxes owed March 2009 To March 2011.

ROOM DECISION RESCUE OF VOTE The Third Chamber states as follows: pa- Judge EFREN C. TELLO C. expressed his dissa- yment agreement signed by the company tisfaction with the project in reading and sup- dated February 15, 2016, didn’t interrupt port based on the following considerations. the prescription of the obligation contracted by the company with the Municipality of Ana Merlyn Serna, legal representative of Panama, since the Extension Order issued the company appeared before the First Exe- by the First Executing Judge of the Muni- cuting Court of the Municipality of Panama cipality of Panama, is later than the same. on February 15, 2016, and had access to the executive file. Subsequently, it is possible to In the executive file is observed the Order observe the request for a payment arrange- dated August 23, 2010, where the Executing ment for the taxes owed and that the same Court of the Municipality of Panama issued has formality when making a first payment of a writ of payment until the concurrence of B/. (B/. 1,000.00) and that remaining balance is in 847.45, of this order, however, it wasn’t notified installments until cancellation of agreement. to the company Executed, a further increase of delinquency was issued, a second Exe- Before prescription exception was formalized, cutive Order was issued on March 15, 2016, it was observed that on April 8, 2016, notifica- whereby a payment order is issued against tion for conclusive conduct referred to in arti- the company until seven thousand nine hun- cle 1021 of the Judicial Code was established. dred and seventy-seven balboas with 41/100 (B/. 7,977.41). On this Auto were notified Article 86 of Law 106 of 1973 states that it through legal representative on April 1, 2016. is the obligation of every taxpayer who cea- ses to operate in a written notification to The Court points out that this second Exe- the Municipal Treasurer at least fifteen days cutive Carrier modifies the previous one and before the cessation of his activity. Any tax- against it, it excepted the legal representati- payer who fails to comply with this obliga- ve of the company once it was duly notified, tion will pay the tax for the entire time of the which is the act that initiates enforcement omission, except for some cause of force process against the executed company. majeure and in this case there is no notification of cessation of operations by the tax- The executive record contains recogni- payer to the Treasury of the Municipality of tion issued on March 15, 2016, by the mu- Panama, So there is an obligation to cancel nicipal treasurer, together with the state- the municipal taxes and surcharges caused. ment of account duly authenticated by the authorized public accountant, certifying These are reasons that lead to Judge the debt in favor of the Municipality of Pa- EFREN C. TELLO C. SAVING THE VOTE. L&E 45 nama against the company In mention

SPECIALIZED LITIGATION CIRCUIT PROSECUTOR IN CIVIL AND FAMILY MATTERS RESOURCES IN CASE WITHIN THE ORDINARY PROCESS PROPOSED BY HACIENDA CHICHEBRE, S.A. AGAINST THE STATE

Lidia Domínguez - Legal assistant [email protected]

udge Hernán De León, the Civil Chamber oped in the appeal, this Court considers ofJ the Supreme Court of Justice, resolves that there is no merit to reform contested the appeal of cassation formalized by the decision, since That the subject matter of First Prosecutor’s Office of Specialized Lit- the appeal, the computation of the inter- igation in Civil and Family Matters, against ests to which the State was condemned, the Judgment of September 3 Of 2014, is- was carried out in accordance with our sued by the First Superior Court, within the legal system.” Since August 10, 2001, the Ordinary Proceedings proposed by HACI- date of publication in Official Gazette No. ENDA CHICHEBRE, S.A. Against the STATE, 24,364, Executive Decree No. 51, the State through the Resolution of February 1, 2017. acquired the immediate availability of the expropriated lots, consequently the plain- The plaintiff claims that the STATE be or- tiff suffers from that moment the loss in dered to pay the sum of B/. 3,904,358.84, Its heritage. The Executive Decree es- as compensation due to the expropriation tablishes that the State undertakes to for social interest, ordered by Decree Exec- indemnify the plaintiff, being enforce- utive No. 51 of August 6, 2001, plus interest able from August 10, 2001. (Article five). from the date of the expropriation. We proceed to summarize the referred Judgment. The same will begin to govern from its promulgation, this in agreement with the Third Judge of Civil Circuit (alternate) in article 1013 of the Civil Code, which reads: Sentence No. 38 of August 28, 2009, re- “that in the absence of stipulated term or solves to “CONDEMATE the STATE to pay result of the nature of the business can be HACIENDA CHICHEBRE, S.A., the sum of B/. demanded or executed the obligation im- 1,385,101.35, which includes B/. 934,091.08 mediately”. If the amount of the compen- for the value of Land and B/. 451.010.27, in sation was unknown at that date, this cir- interest for expropriation decreed by Ex- cumstance didn’t condition the fulfillment ecutive Decree No. 51 of August 6, 2001, of the obligation, since with publication on four globes of land No. 5059, inscribed of the decree that contains expropriation, in Public Registry in Volume 141, Folio 168, there arises the obligation of the State to Section of Property, of Province of Panama. pay and deliver the compensation due.

The First Superior Court, by judgment of This entails application of article 980 of September 3, 2014, confirms the judgment the Civil Code, which states that creditor is of the first instance through the following entitled to the fruits of the thing since the 46 reasoning: “Contrary to the position devel- obligation to deliver it arises. By fruits’ re- Legislación y Economía May 2017

fers to all kinds of additional benefits that and estimates that since August 10, 2001, ‘the thing’, in this case, the interest that the State’s obligation to pay And, as a result, the money owed product of the expropria- from that date, the legal interests are com- tion could produce. It concludes that: “The puted. Having applied the rules of sound creditor (claimant) has the right to the fruits criticism at the time of their valuation, they (interests) of the thing (the money owed as would have noticed that in their text it is not a result of expropriation) since the obliga- established that Interest would be calcu- tion to deliver it is born, that is, August 10, lated from the moment of the enactment of 2001, date Of publication of said Decree. Executive Decree No. 51 of August 6, 2001. The evidence denounced as badly weighted This criterion is reinforced by what is is Official Gazette No. 24364 of August 10, regulated in Article 993 of the Civil Code, 2001, which issued Executive Decree No. 51. since as of August 10, 2001, the date that computes interests that plaintiff claims, The appellant is of the opinion that the it must be understood that these inter- probative error is that the High Court con- ests are limited only to the moratoria sidered that with the promulgation of the that Arise from the determined amount decree of expropriation, in addition to giv- of compensation owed by the State. ing rise to the obligation of the State to compensate the plaintiff, it began to cal- Compensation must cover payment of le- culate the legal interests. Moreover, it gal interest, which runs from the time ob- doesn’t appear that interest must be ac- ligation of the State arose, since unlike the counted for as of its promulgation, there- expropriation regulated in articles 1913 to fore it considers that they must run from 1926 of the Judicial Code, when it occurs the sentence that establishes the amount in an emergency - regulated in a special of compensation. The position formulated way by Articles 1927 to 1931 of the Judi- by the appellant imposes on the Chamber, cial Code The general rule of article 1920 of determine from when it should begin to the JJ, that is, the moment at which inter- count the interests recognized in favor of est accrues, doesn’t apply to the amount the plaintiff because of the obligation that set as compensation, which the Rec- the STATE has to compensate the plaintiff. tor of the Public Prosecutor maintains. Article 993 of the CC, legal basis of de- RESOURCE OF CASATION AND fault interest, states that when obliga- DECISION OF THE ROOM tion consists of payment of an amount of money and debtor incurred in arrears, The First Prosecutor of the Circuit of Spe- compensation for damages, without agree- cialized Litigation in Civil Matters, in the filed, ment to the contrary, will consist of pay- invokes the cause of “Infringement of sub- ment of agreed interest and, in absence stantive rules of law in the concept of error of agreement in the legal interest, until of law as to the assessment of the evidence”. another is established by law. The interest of 6% per year will be considered legal. (GO No. 24364 of August 10, 2001, which issued Executive Decree No. 51 of August 6, Given that it gives rise to interests claimed in 2001), which ordered the expropriation of proceedings, it is the default of the debtor, it Four land globes of Finca No. 5059, Property is essential that the same has been config- Section, province of Panama, incurs an er- ured, with the provisions of article 985 of the 47 ror of law in the assessment of the evidence Civil Code that states: “Incurred in default of

the obligation to deliver or to do anything as HACIENDA CHICHEBRE, S.A., filed the claim. long as creditor demands judicial or extra- judicially the fulfillment of their obligation.” It also recognizes that owners who have been deprived of their property by the In accordance with first paragraph of article STATE, are entitled to receive as compen- 985, in order to place the debtor in default, sation for damages in arrears in the pay- creditor must claim, judicially or extrajudi- ment of the value of the property, interest cially, the satisfaction of the benefit. The that the amount generates, according to requirement determines the moment of de- the interest Legal, as required by Article fault, so that, even if the obligation is past 993 of the Civil Code. The date from which due, as long as the creditor doesn’t inter- this right is recognized is pending. At the vene the debtor will not be late. Therefore, discretion of this Corporation of Justice, effects of arrears (including obligation to interests that are computed to lessen pay interest on delay) flourish from claim. damage suffered by owner of the proper- The Chamber observes that neither the Law ty, are considered an indemnity for delay. nor the decree of expropriation suppress the summons, the obligation is not subject It should be noted that the lack of certainty to a term, nor does the nature of the benefit about the amount to which the compen- demand that it be fulfilled in a certain time sation was awarded is not sufficient rea- and manner in accordance with the person- son to release the obligor, to pay interest, al and professional qualities of the debtor. as compensation for damages suffered, considering that expropriation took place In the absence of the provision commit- in November of the year 2002, and to date ted by the STATE to the plaintiff in any of (more than 8 years later), who owned the the cases contemplated in the numer- farm wasn’t able to dispose of money that als that contemplate article 985 of the compensates for the loss of its property, Civil Code, the general rule, the constitu- and therefore has right to be recognized in tion of the arrears from the requirement. its favor interests that amount owed has generated in that period, calculated in ac- The argument of the Casationist is that text cordance with the provisions of article 993 of Executive Decree No. 51, published in the lex cit, that is, at 6% per annum, but from Official Gazette No. 24364 of August 10, 2001, date of filing of application, at which time doesn’t provide that the moratorium inter- the STATE formally acknowledges its obli- ests borne by the State, on account of the gation to pay the value of property expropri- expropriation of the lands Belonging to HA- ated, since content of Executive Decree No. CIENDA CHICHEBRE, S.A., and that the same 51 doesn’t prescribe that from its promul- must be calculated from its promulgation. gation is constituted the delay of the STATE.

Criterion that doesn’t share the ROOM, since Therefore, the CIVIL ROOM will proceed it is from the requirement of the benefit to to ACEPT CASATION of contested deci- the debtor when the time of default is speci- sion, the Judgment of September 3, 2014, fied, and therefore, the arrears. As indicated issued by the First Superior Court, within in previous paragraphs, one of the effects of the Ordinary Proceedings proposed by default is the payment of legal or conven- HACIENDA CHICHEBRE, S.A. Against the tional interest, when the benefit consists of STATE, and converted into a Court of In- 48 a sum of money. In the subjudice, request stance, AMENDS Judgment No. 38 of Au- was judicial, hence the interest runs since gust 28, 2009, issued by the Third Civil Cir- Legislación y Economía May 2017

cuit Court of the First Judicial Circuit, in the ment of an obligation is demanded and sense that payment of legal interest ( 6%) not before (Article 985) Since 5 January is from filing of the original claim by HACI- 2005, which initiated the present action. ENDA CHICHEBRE, S.A. (January 5, 2005). He states that in his opinion, interests that The amount to be paid by the STATE to HA- are set as part of the compensation don’t CIENDA CHICHEBRE, S.A, for expropriation have the category of interest arrears but of four terrain globes located within Finca constitute a part of the amount to be paid No. 5059, of the Property Section of the by the State for having expropriated with- Province of Panama is set at B/. 934,091.08. out prior judgment and immediately a good that, as such, bears fruit. The National RESCUE OF VOTE OF THE Constitution in its article 51, determines MAGISTRATE ANGELA RUSSO that expropriation in urgent cases carries DE CEDEÑO with it the responsibility for damages and damages in favor of the affected person. The Judge Russo de Cedeño doesn’t share the criterion expressed in the de- This article provides that in case of war, cision of majority of Judges of the Civil serious disturbance of public order or ur- Room who decide on the cassation ap- gent social interest, requiring rapid mea- peal referred. It considers that the judg- sures, the Executive may decree the expro- ment pronounced by the First Superior priation or occupation of private property. Court of the First Judicial District dated September 3, 2014, is attached to law in When it is feasible to return the occupied every sense, which is not to be married. object, the occupation will be only for the duration of the circumstances that caused The judicial debate is based on the mo- it. It doesn’t seem sustainable that those ment in which interests in favor of a subject who have suffered an expropriation without that has lost the property of a real prop- prior compensation only have interest inter- erty to have expropriated the State under est since the amount is quantified years lat- the modality of extraordinary expropriation er although their right to compensation will (war, serious disturbance of the public or- arise indisputably from the very moment der or social interest urgent). According to that their property was stolen. Precisely for the judgment of second instance appealed this reason, the rule of article 1928 of the Ju- against, it has occurred since the extraor- dicial Code prevents the State from entering dinary expropriation, that is, since issuance the corresponding process with immediacy. of Executive Decree No. 51 of August 6, 2001 published on August 10 of that year. Thus, it considers that the position taken in the ruling of the second instance of Sep- The Public Prosecutor’s Office believes that tember 3, 2014, determines the moment in the moment in which interest that quali- which the affected party is entitled to be fies as moratoria begins to occur, occurs compensated with interest, is in accordance when a firm judicial decision sets the net with law. The appeal does not have suffi- amount to be compensated; And the judg- cient support to annul this decision, which is ment of the Civil Room is of the opinion why it carries out its RESCUE OF VOTE. L&E that such time is from the filing of application, since according to the Civil Code, de- 49 lays begin from the time that the enforce-

THIRD ROOM OF THE SUPREME COURT OF JUSTICE DECLARES THAT IT IS UNLAWFUL RESOLUTION ISSUED BY THE MINISTRY OF ENVIRONMENT TO REVOKE ANOTHER RESOLUTION ISSUED BY THIS SAME ENTITY WHERE AN ENVIRONMENTAL IMPACT STUDY CORRESPONDING TO A PROJECT THAT AFFECTS PROTECTED AREA OF BAY OF PANAMA FOR FUEL TRANSFER TO TOCUMEN AIRPORT

Ailen Galván - Legal assistant [email protected]

efore the Third Administrative Liti- flora as fauna of protected area, as well gationB Room, a Full Jurisdiction Com- as the possible synergistic impacts, to the plaint was resolved where Vertikal Cor- benthic aquatic fauna, with consequences poration, Inc., filed an application to in the migratory birds, required of an en- declare null and void, as illegal, Resolu- vironmental impact study Category III, tion AG-0566-2014 of August 20, 2014 is- according to the provisions of article 23 sued by the Authority National Environ- of the regulation of process of Environ- ment (now Ministry of the Environment). mental Impact Assessment, approved by Executive Decree No. 123 of August 14, The plaintiff bases his request that, al- 2009, reason why this Ministry consid- though it is true, after being executed ered violated said environmental norm. and notified the resolution DIEORA- 1A-079-2017 of May 6, 2014, which ap- Indicating also that non-compliance with proved the Environmental Impact Assess- article 26 of Executive Decree No. 123 of ment (IEA) Category II, corresponding to 2009, which contemplates minimum con- the Project called MARINE FACILITIES FOR tents that the Environmental Impact Studies THE TRANSFER OF FUEL TO THE AIRPORT must include for admission phase in order OF TOCUMEN, the former National Envi- to guarantee an adequate and well-found- ronment Authority (ANAM), now Ministry of ed prediction, identification and interpreta- the Environment, illegally, directly violated tion of the environmental impacts that the Law 38 of July 31, 2000, drawing up the project, work or activity can generate, as Resolution No. AG-0566-2014 of August well as the technical suitability of proposed 20, 2014 and where it unilaterally resolves measures to avoid, reduce, correct, com- and declares null in all its parts THEIR pensate and control significant adverse OWN RESOLUTION DIEORA-1A-079-2014 impacts during the Environmental Impact of May 6, 2014, which approved the Im- Assessment process of said study, when- pact Study Environmental Category II. ever That promoter didn’t detail alignment of pipeline, making it impossible to evalu- OF THE REPORT OF CONDUCT ate impacts of such a structure, since each alternative of alignment represents differ- 50 The entity demanded due to cumulative ent environmental impacts and risks and impacts that project would cause in the thus corresponding mitigation measures. Legislación y Economía May 2017

of 2000, which provides that public enti- In addition, the coastal marine ar- ties can only revoke or annul ex officio a eas that are part of the Panama Bay firm resolution in which they recognize Protected Area enjoy a degree of le- or declare rights in favor of third parties. gal protection as public domain assets, as stated in the Political Constitu- tion, which is why they are unacceptable. ROOM DECISION

For what they ask the Third Chamber, don’t The Chamber considers that there are two answer request for nullity filed against Reso- legal situations that must be clarified, name- lution No. AG-0566-2014 of August 20, 2014. “ ly that one is competence of the National Environment Authority (now the Ministry of OPINION OF THE DEPUTY the Environment), to annul and revoke the Resolution attacked as illegal (article 36 of For its part, the Office of the Inspec- Law 38 of 2000 and article 97 of the Ju- tor General of the Administration points dicial Code); And secondly, whether it was out that the Ministry of Environment in- appropriate to annul ex officio by the dedicated in its Resolution DIEORA IA-079- fendant Authority of the attacked act of ille- 2014 of May 6, 2014, that it lacked funda- gal and that legal basis sustains the same. mental requirements for the approval of the Environmental Impact Study, which (Articles 51 and 62 of Law 38 of 2000), was largely And detailed in the Resolu- according to the plaintiff’s arguments. tion AG-0566-2014 of August 20, 2014. Following this approach and in stating They are also of the opinion that the Cham- powers of the National Environmental ber must declare that Resolution AG-0566- Authority (now Ministry of Environment), 2014 of August 20, 2014 is not illegal. at the time of issuing Resolution No. AG- 0566-2014 of August 20, 2014, which were CONSIDERATIONS OF THE ROOM established in the Law 41 of 1 July 1998, Article 7 thereof; The Chamber estimates The defendant considers that his rights that at the time of issuing the illegal act, and interests have been violated, arguing National Environmental Authority (now that Article 36 of Act 38 of 2000 has been Ministry of Environment) lacked compe- infringed, stating that no act may be issued tence to issue Resolution No. AG-0566- or concluded in violation of a legal norm 2014 of August 20, 2014, since the catalog in force, even if it comes from it Author- of powers attributed by the aforemen- ity that dictates or celebrates the respec- tioned, in no numeral indicates that this tive act. No authority may enter into or is- Authority was empowered to annul ex of- sue an act for which it lacks jurisdiction ficio an act of this nature that created sub- in accordance with the law or regulations. jective rights in favor of a legal person.

It also notes as an infringement of ar- And that in verifying Resolution No. AG- ticle 51 of Law 38 of July 31, 2000, which 0566-2014 of August 20, 2014 issued by refers to administrative acts that can the National Environment Authority (now not be annulled for reasons other than the Ministry of the Environment), it is con- those strictly enshrined in the Law. cluded that in present process the reason Since it has been settled by the jurispru- 51 As it indicates that article 62 of Law 38 dence of the Supreme Court of Justice,

the National Environmental Authority (now the Ministry of the Environment), at time of issuing Resolution AG-0566- 2014 of August 20, 2014, to issue this act.

It adds that the appellant interprets article 62 of Law 38 of 2000 incorrectly by annul- ling ex officio Resolution DIEORA IA-079- 2014 of May 6, 2014, where it revokes and declares void the same. Invoking jurisprudence where it is established that state institutions must respect and comply with good faith, that it must resort to ordinary way to annul own acts that create rights and that administered acquires a right of exclusivity that may be opposed against the Administration in when it exceeds its powers when there is a right coming from an act issued by administration.

The Chamber instructs the Ministry of the Environment that it is in its right to inter- pose resources it deems appropriate if it considers that Resolution DIEORA IA-079- 2014 of May 6, 2014, will cause the protected area of the Bay of Panama cumulative impacts to flora and the fauna, for which it does have competence by mandate of Law.

Therefore, the Third Chamber declares that Resolution No. AG-0566-2014 of August 20, 2014, issued by the Nation- al Environment Authority (now the Min- istry of the Environment) is illegal. L&E

52 Legislación y Economía May 2017

Politics Rafael Fernández Lara - Independent laywer [email protected] THE SOCIALIST PARTIES OF PANAMA

As we probe in the annals of our republican history we perceive that the collectives that constituted themselves, were called socialists and were based on so-called socialist principles. Some of them omitted the Socialist denomination, although in the bottom they were based on principles within theory of scientific socialism, like a regime superior to capitalist system that promulgated social justice, the abolition of the exploitation of the man by the man and power For the people among others. There were others who shared the ideology of socialism but with nuances that emphasized the slopes of the term.

of forming and directing the Socialist Party, Dr. For this writing, however, I will exclu- Demetrio A. Porras Juárez had been deputy of sively refer to those political groups that the National Assembly and had been chosen like Pwere denominated as such and were consti- member of the Legislative Body by Liberal Doc- tuted within the electoral laws to participate trinal Party in electoral contest of 1932, whose in the electoral processes, without deepen- founders were Domingo Díaz Arosemena, Fran- ing the programmatic essence of the Socialist cisco Arias Paredes and Enrique A. Jiménez. State and other topics of doctrinal discussion. As head of the Socialist Party, Dr. Demetrio The first political organization legally consti- Augusto Porras directed a proselytizing man- tuted as a left-wing Panamanian socialist par- agement of different provinces of the county was founded at the beginning of 1933, un- try, obtaining great support from national der the direction of the jurist, politician, writer peasantry, mainly in Panama, identifying with Don Demetrio Augusto Porras Juárez, son of popular causes and criticizing landowners. the liberal caudillo and three times President of the Republic Dr. Belisario Porras Barahona. One of its critics at that time was the Marxist-Leninist Workers Party, which in The Panamanian socialist party originally 1935 described the Panamanian Social- counted on the militancy of Felipe Juan Esco- ist Party as a centrist party, a “reformist of bar, José Lasso de la Vega, Publio A. Vásquez, pure strain”, and called it “social-racism.” José Brower, Diogenes de la Rosa, Ramón Saa- vedra, among others. This first party organiza- For the electoral process convened for 1936, tion was denominated Marxist Socialist Party whose candidates for the Presidency were and later retired character of Marxist. At the time Dr. Juan Demóstenes Arosemena by the rul- 53

ing party and Don Domingo Diaz Arosemena went only to the polls, obtaining also a control backed by an alliance called the Popular Front. Absolute of the National Assembly of Depu- ties by the political parties that helped him. Socialist Party formed part of that coalition along with Liberal Doctrinal Party, Liberal Dem- The Socialist Party did not obtain deputies. Af- ocratic Party, Liberal Renewal Party, whose ter these elections, the socialist leaders con- candidates were registered in a single payroll spired to overthrow him, reason why Demetrio both in candidacy for President and for Deputy. Porras and Jose Browner had to exile in Chile. On October 7, 1941, the First President of the Re- Dr. Belisario Porras Barahona, father of Dr. public, Dr. Arnulfo Arias Madrid, left the country Demetrio Augusto Porras, presented himself for personal reasons without requesting the cor- to the electoral contest but 24 hours before responding license and two days later, on October the elections declined his aspirations for lack 9, his Minister of Government and Justice, Ricardo of economic resources among other reasons. Adolfo Of the Guard and others, give a coup d’etat The official record of votes of the presiden- and assumes the political power of the country. tial candidates for the 1936 election, after all sorts of accusations and irregu- In the cabinet of Ricardo Adolfo de la Guardia larities and vices of fraud, was as follows: the socialists had a position and Demetrio Por- ras was designated like Ambassador in London. Juan Demóstenes Arosemena 41,827 Domingo Díaz Arosemena 39,982 Faced with the pretensions of continuing to Belisario Porras Barahona 7,302 command the de facto government of Ricardo Adolfo de la Guardia, the tension of a large sec- The latter, despite having declined their par- tor of the population forces the government to ticipation one day before the election obtained promulgate Cabinet Decree No. 12 of February 7,302 presidential votes, majority in the Prov- 2, 1945, by means of which Elections were held ince of Los Santos. Socialist Party won a (1) to elect the members of the National Constitu- Deputy in the National Assembly. It should be ent Convention, which were held on May 6, 1945. noted that for the 1936 elections, the Com- munist Party of Panama, founded in Panama Among the political parties participating was on April 4, 1930, or Party of the People of Pan- the Socialist. According to the National Elec- ama, named as such since 1943, didn’t partici- tions Board, 103,985 citizens attended the polls, pate in that 1936 election because of its small including, for the first time, the female vote. size but characterized by a great organization. The result was the following:

For the electoral process convened for 1940, So- cialist Party of Panama supported candidacy of Dr. Ricardo J. Alfaro with Popular Front Alli- ance, also supported by Liberal Doctrinal Party and Liberal Renovator. The government’s candidate was Dr. Arnulfo Arias Madrid, backed by the powerful Alliance called Coaligados.

Prior to the race, Dr. Ricardo J. Alfaro pointed out that there were no guarantees to continue 54 in the election campaign, so he withdrew from the election and therefore Dr. Arnulfo Arias Legislación y Economía May 2017

On June 15, 1945, Enrique Adolfo Jiménez was constituting National Patriotic Coalition. elected as Provisional President and new Na- The defeated candidate was Roberto Fran- tional Constitution of the Republic was enact- cisco Chiari Remón, postulated by National ed on March 1, 1946. The Socialist Party in the Liberal, Independent Revolutionary, Patriotic Constituent Assembly won two seats on the Front and Socialist parties. The other can- part of José Browner and Diogenes de the Rose. didate was Pedro Moreno Correa, who de- cided to run alone for Conservative Party. On May 9, 1948, general elections were called in which the Socialist Party for the first time In the following presidential elections in 1956, nominated a candidate for presidency, Dr. only two political parties attended because in Demetrio Augusto Porras Juárez. The oth- February of 1953 the Legislative Body during er presidential candidates were Domingo period of President Jose Antonio Remón Can- Diaz Arosemena, Arnulfo Arias Madrid, Jose tera was approved the Law of 45,000 adher- Isaac Fábrega and Sergio González Ruiz. ents that limited the nomination of candidates to parties that had achieved that number of On August 8, in a final and disputed decision, the votes in the tournament of 1952. Therefore, National Election Juror made public the official Socialist Party and others were extinguished, count of the votes cast in the elections of May 1948. for not fulfilling that electoral requirement, and only remained in the political arena National Party and National Liberal Coalition Patriotic.

In the presidential period of the Coalition- ist Don Ernesto de la Guardia (1956-1960) due to political pressures, it was approved to reduce to 5,000 the number of adher- ents in political parties so that for electoral tournament convened for 1960, they En cuanto a los escaños parlamentarios ob- registered and participated Seven po- tenidos para cada Partido Político, el Informe litical parties, but not the Socialist Party. del Jurado Nacional de Elecciones señaló: It is important to note that the leader of the Socialist Party, Dr. Demetrio Augusto Political Party Elected Depu- Porras, was appointed Judge of the Su- ties preme Court during the period of Presi- Partido Liberal dent Roberto Francisco Chiari in 1961, and 16 for reasons inherent to the position, he Partido Revolucionario Auténtico 12 didn’t intervene more in political activities. Partido Liberal Renovador 8 Partido Nacional Revolucionario 3 For the 1964 electoral tournament, Socialist Partido Unión Popular Party is again admitted as a registered party 2 in 1961 and participated in these elections, where for first time in our political history 19 In the next presidential elections held on political groups duly constituted. In National May 11, 1952, candidates for President of Convention of the Socialist Party, Dr. Car- the Republic were Colonel José Antonio los Iván Zúñiga Guardia assumes political Remón Cantera backed by National Revo- leadership and obtains the unique curul as lutionary Party, Revolutionary Authen- Deputy to the National Assembly of Socialist tic, Renewal, Liberal and Popular Union. Party for period 1964-1968. For these elections Socialist Party posited as candidate for These five parties that gave victory to Remón Presidency of the Republic to socialist leader Cantera were merged on March 15, 1953, of Chilibre, Florencio Harris, who only ob- 55

tained 4,374 presidential votes in elections. three (3) electoral processes of May 8, 1994, May 2, 1999, and May 3, 2009. Nei- Then, in the 1968 elections, there was ther in the last elections of May 4, 2014. no Socialist Party participation in them and after October 11, 1968 coup d’état For its part, the so-called Broad Front for against Constitutional President Arnulfo Democracy (FAD) postulated Genaro López Arias Madrid, Socialists became critics of as presidential candidate, obtaining only the military regime and the role of Com- 11,805 votes, which didn’t reach the mini- munists in their support for the military. mum figure established by law to remain in The military abolished political parties by force as a political party. Professor Juan Jo- decree of Cabinet No. 58 of March 3, 1969. vané obtained 10,805 electoral suffrages as On April 8, 1978, military dictatorship again an independent candidate for the presidency. allowed registration of political organizations and, as a consequence, new political After this review on the political par- parties were registered, general elections ties primarily denominated Socialists, we were held in May 1984 and fifteen (15) duly can arrive at the following conclusion: constituted political groups participated. Its foundation was in 1933, a year after elections were held that elected Dr. Harmodio In 1984 electoral process, only one (1) political Arias Madrid as President of the Nation. Its party applied the so-called Socialist Work- main organizer and undisputed leader was ers’ Party (PST), a party recognized as such Dr. Demetrio Augusto Porras Juárez, who on September 21, 1983, whose candidate for prior to the registration of the Socialist Party presidency was Ricardo Barría and Its Sec- in 1933, had been elected Deputy of the Na- retary General was Virgilio Araúz. This party tional Assembly of Deputies by the Liberal only achieved 2,085 presidential votes and Doctrinal Party in the 1932 elections, and was didn’t survive as a party after those elections. son of the three-time Constitutional Presi- There were other parties related in one way dent of the Republic, liberal leader, forger of or another with socialist principles: Revolu- our democratic institutions and visionary tionary Workers’ Party (PRT) obtained 3,969 statesman, Dr. Belisario Porras Barahona. presidential votes, and served as Secretary General Hector N. Wetherborne and as presi- The Socialist Party, from its inception, want- dential candidate Dr. José Renán Esquivel; ed to differentiate itself from Communist Dr. Carlos Iván Zúniga, who was Deputy of Party Party of Panama, which was founded the National Assembly and leader of Social- on April 4, 1930 under the name of Commu- ist Party in 1964, registered his party called nist Party of Panama. Although originally the Popular Action Party (PAPO) and obtained name of Socialist Party was Marxist Social- 13,782 votes in favor of his presidential can- ist Party, soon abandoned the condition of didacy. The People’s Party (PPP), related to Marxist, originating competitiveness with communists of the country, nominated Car- Communist Party by domination of repre- los Del Cid and won 4,598 presidential votes. sentativity of working class and its influ- ence in workers’ union groups of the country. In the controversial and controversial elections of May 7, 1989, no party of social- Demetrio Porras Juárez acted as mem- ist denomination participated in the tour- ber of the National Assembly of Deputies in nament. The (Communist) People’s Party several legislatures, then Ambassador of won 2,919 votes and the Workers’ Demo- Panama in London, England, briefly in the cratic Party (PDT) had only 855 votes, United Nations and finally was appointed both of which were laughable figures. Judge of the Supreme Court of Justice, in his No socialist or similar political orga- Criminal Chamber. He died on May 16, 1972. 56 nization participated in the following Legislación y Economía May 2017

So far and throughout its history, Panamanian people haven’t welcomed the ideology of socialism or the nuances of different aspects of the term, its defense of economic and political system based on democratic ownership of production systems, Economic activity, political structures and other aspects of socialism, unlike other countries in the world where Socialism represents a real alternative of electoral choice and not in- frequently have achieved political power in them.

The Socialist Party in Panama obtained little representation in the Legislative Organ being the only ones that were achieved by Dr. Deme- trio Augusto Porras Juárez, Dr. Carlos Iván Zúñiga Guardia and two seats in the National Constituent Assembly of 1945 by José Brou- wer and Diogenes de la Pink. Deputies Por- ras Juárez and Zúñiga Guardia were possibly considered the most remembered deputies in the country, for their intellectual talent and for their virtuous mastery of the art of oratory.

Although the Socialist Party intervened in several electoral tournaments with own candidate to the Presidency of the Republic, number obtained in presidential votes never was factor of transcendence in the electoral triumph.

The Socialist Party, after its inactivity from end of the 1950s, and its emergence after beginning of the 1960s under direction of Dr. Carlos Iván Zuñiga Guardia, didn’t constitute an important political force in General elections until rupture of constitutional order in the country happened 11 of October of 1968, by military.

Later, with the democratic opening of 1978, under pressure from the Americans to the military as a result of the signing of the 1977 Canal Treaty, some political parties of socialist denomination flourished in the following electoral processes, during which, much more than before, didn’t reflect sympathy of the national electorate for their electoral proposals with few votes obtained.

DONALD TRUMP BEFORE A POSSIBLE POLITICAL JUDGMENT

José Javier Rivera - Attorney [email protected]

ollowing dismissal of FBI Director James Comey,F who was investigating links of the Russian government with President Trump’s campaign and other related issues, former FBI Director Robert Mueller has been appointed to initiate an independent investigation, That could put newly inaugurated president of the United States before a political trial for having lied about his relationship with Russian officials.

In this context, this investigation has also been compounded by the fact that President Trump had shared information classified as confidential, which he had received from Israeli government and which refers to the ability of James Comey, President Trump had the Islamic State to blow up electron- asked him to stop an investigation into ic devices during flights From Europe. contacts between Michael Flynn and Russian government. The latter had to Mueller, who was a twelve-year relinquish his position as presidential se- FBI director, will lead the investiga- curity adviser, as it turned out that he had tion after Assistant Attorney Gen- lied to Vice President Mike Pence about eral Rod J. Rosenstein appointed talks he had had with Russian Ambassa- him as an independent investigator. dor to the United States Sergey Kislyak. As will be recalled, at the end of presidential campaign the US intelligence While some consider that President agencies began an investigation to de- Trump will finally be able to overcome termine if Russian government had in- this situation, since Republican party terfered in those elections and by the dominates two legislative chambers in way had damaged campaign of the that country, the fact is that plurality of candidate of the Democratic party. actions and omissions of this president have him in the prelude of a political trial 58 As it transpired before dismissal of of which it is not known if he can avoid it. Legislación y Economía May 2017

ity of selling arms to Saudi Arabia, according to reports of its visit to that country.

By the way, it has been considered that this long tour to countries of the Middle East and Europe has fallen as a balm to the president, to dilute the impact of his controversial relationship with Russia. General Flynn’s refusal to testify before an investiga- tive commission, invoking Amendment 25 of the American Con- What is clear and laudable is the weight stitution is another example of the in- of institutions in American democracy, consistency of the president’s policy. as well as strength of media to be able to permanently and rigorously moni- Nevertheless, James Comey dismissed by tor the performance of any official. the president, yes will appear in public hear- ings to continue with this investigation. This president, who lacks experience in the politics and manage- The balance of powers and validity of the ment of State affairs, is being treat- system of weight and counterweights will ed in accordance with his deviations. have their first test in this complex plot Internationally, traditional allies of between the United States and Russia. Europe and Asia are still unsure of their ability to administer the pow- We will be attentive to evolution. L&E ers that the status of first world power is accorded to the United States.

In economic field, its campaign prom- ises haven’t crys- tallized in a growth of consumer confi- dence in the United States, nor in generation of employment, and therefore result of its first four months has been very discreet.

The only event of economic im- 59 pact is possibil-

Panamanian

Source: CGRP

CONSUMER PRICE INDEX ECONOMY

neous goods and services group was he monthly evolution of National Urban influenced by the increase in two of TCPI to April 2017, compared to December its ten classes, “Other appliances, ar- 2016, recorded a variation of 0.5%. The ticles and products for personal care” National Urban CPI in April compared to and “Jewelery, wall clocks and wrist- March 2017 didn’t show any variation. watches” both with Variation of 0.4%.

Groups that presented increase in Na- Increase in class “Other appliances, ar- tional Urban CPI of April compared ticles and products for personal care” to March were: Miscellaneous goods was a result of increase in price of ra- and services with 0.2%; Furniture, ar- zor and toothbrush. In class “Jewelery, ticles for home and for ordinary con- wall clocks and wristwatches” was for servation of home, Health and Res- the increase in price of wristwatches. taurants and hotels all with 0.1%. 60 The increase reflected in Miscella- The increase registered in the Furni- Legislación y Economía May 2017

ture, household goods and ordinary home maintenance group was mainly due to the In the group Garments and footwear increase in two of its eleven classes, “Non- showed decreases two of its four classes, durable goods for home” with 0.5%, due to “Garments” and “Shoes and other foot- the increase in the price Of cleaning and wear” both with variation of -0.2%. The conservation products and “Small tools drop registered in the class “Garments” and various accessories” with 0.4%, due to was for the reduction in the price of baby the increase in price of bulbs and batteries. clothes. In the class “Shoes and other footwear” was by the decrease in the price Health group increased one of its seven of shoes, slippers and men’s flip-flops. classes, “Pharmaceuticals” with 0.1%, due to increase in price of medicines. In Res- The Housing, water, electricity and gas taurants and hotels group, one of its two group showed decrease in one of its classes, “Restaurants, coffees and similar eight classes, “Gas” with -2.5%, due to establishments” increased by 0.1%, due drop in price of the 100-pound gas tank. to increase in price of prepared meals. Communications group presented re- The Recreation, Culture and Educa- duction in one of its two classes, “Tele- tion groups remained unchanged. The phone equipment” with -1.0%, due to the groups with negative variations were decrease in the price of mobile phones. the following: Transport -0.2%; Food and non-alcoholic beverages, Alcoholic bev- When comparing the National Urban CPI erages and tobacco, Clothing and foot- of April 2017, with its similar of 2016, the wear, Housing, water, electricity and following increases were observed: Edu- gas, and Communications, all -0.1%. cation 3.5%; Transport 2.8%; Health 2.0%; Miscellaneous goods and services 1.7%; Decrease observed in the Transport group Housing, water, electricity and gas 1.6%; was mainly due to reduction in three of its Restaurants and hotels 1.2%; Recreation seven classes. The largest variation was in and culture 0.6%; Clothing and footwear the class “Passenger transport by air” with 0.5%; And Furniture, articles for the home -26.3%, due to the decrease in price of airfare. and for the ordinary maintenance of the In the group Food and Non-Alcoholic Bever- home 0.4%. The groups that presented ages registered three of their eleven classes. decreases were: Communications -2.8%; Alcoholic beverages and tobacco -0.3%; The class with the greatest decrease was And Food and non-alcoholic drinks -0.1%. “Meat” with -0.7%, caused mainly by the Below, graph with monthly incidence per reduction in the price of pork and chicken. group of the National Urban CPI of April 2017.

The decrease reflected in the group Al- coholic beverages and tobacco, is due to the decrease of one of its four classes, “Distilled beverages” with -0.4%, due to the reduction in the price of dry. 61

Incidence: corresponds to contribution of each group with respect to total variation of National Urban Index, therefore, the sum of incidents results in variation of index.

TABLE 1. INCIDENCE AND PERCENTAGE VARIATION OF PRICE INDEX TO URBAN NATIONAL CONSUMER, ACCORDING TO ARTICLES AND SERVICES GROUP: APRIL 2017 BASE 2013 = 100

62 2. Foreing Trade: by 15.1creased Exterior: Comercio percent.2. to 20 feet), in equivalent (container TEU in at 21.2go of containers Movement percent. general cargo 5.5 percent and container car at 8.3 percent, was highlighted cargo bulk (SPN),tem by grew 14.8 of which percent, Sys Port National through movement, Cargo 4.0 in percent. increased Canal Panama by the of ships transit the at22.7 Also, ported percent. trans at 25.7 volume cargo tonnage and percent of 16.6 net change a positive registered percent, toll revenues indicators, Canal From Panama 1. Transport: melon 50.3 percent, pineapple 7.6 pineapple 50.3 percent, percent, melon of 11.2 water percent, 40.8 melon percent, bananas in observed were variations Negative 176.2fee 69.0 clothing percent. and percent cof 147.1 percent, oil fish and 134.1 flour sugar percent, unrefined percent, 44.2 in ucts prod petroleum were items influential most and of 6.4 percent variation a positive istered reg exports of value merchandise FOB The exports: of goods b. FOB value of 0.4 percent. goods capital in was a decline However, by 0.4 there percent; goods mediate inter and 43.6 percent with fuel mainly cent, by 25.8 per goods consumer in by increases of 11.1 variation positive influenced percent, a registered imports ofCIF value goods The goods: of of CIF imports value a. JANUARY-MARCH 2016-17COMMENTS MAIN MONTHLY ECONOMIC INDICATORS:

------year. of previous period to same compared 2017 January-March period for spectively, by 13.5creased 6.1 and re percent percent, in weight and value both in Free Zone lon Co of the movement commercial The Free Zone: Colon d. 34.6 percent. hides And skins and percent, 49.6 standing cattle 65.2 percent, seafood other 7.5 23.4 percent, apple shrimp percent, pine percent, 54.2 51.8 watermelon percent, of 7.9 in: banana was melon reported percent, 1.4 behavior Negative cattle beef percent. and 65.0 percent, 180.3fee clothing percent, cof percent, 303.9 oil fish and fishmeal cent, Per sugar 122.2 unrefined percent, fillets 10.9 fish frozen and chilled fresh, and fish percent, 38.2 products items: petroleum following the in increase by an 16.4 with increased percent, (net kilograms) exports of goods weight The exports: of Weight goods c. 34.7 skins other and percent. hides and percent, percent, 2.4 13.5 standing cattle fish percent, 40.4 seafood frozen and chilled fresh, of fillets and fish percent, 16.8 shrimp a positive change in 95-octane gasoline by gasoline 95-octane in change a positive by 7.0gasoline However, was there percent; 91-octane by and 24.6sumption percent Ccon bunker by fell 0.7 mainly tion percent, consump total for domestic of fuels Sales consumption: national for of fuels Sale a. 3. Internal trade: Source: CGRP

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14.6 percent, low sulfur diesel 4.7 percent, creased by 3.5 percent, most outstanding seg- and liquefied petroleum gas by 6.0 percent. ments were: individual life 6.0 percent, personal accidents 16.2 percent, health 12.0 percent, b. Registered cars: collective life 12.3 percent, fire and multi-risk The number of new registered cars, which ob- 6.0 percent , Automobiles 1.2 percent and tained a single vehicle registration, decreased bonds at 35.5 percent. There were decreases by 11.1 percent and the segments that were re- in the other transportation sector by 5.8 per- duced were: regular cars at 14.5 percent, luxury cent and technical branches by 11.0 percent. cars 8.0 percent, minivans 21.9 percent, panels 31.7 percent, Panels 31.7 percent, pick ups 20.2 d. Loans approved by the Agricultural Devel- percent, buses 21.6 percent and trucks 10.9 per- opment Bank: cent; However, the SUVS (Sports Utility Vehi- Loans approved by the Agricultural Devel- cle) presented positive variation of 1.1 percent. opment Bank (BDA) were reduced by 22.7 percent and of these, those for agriculture 4. Construction: at 35.9, livestock at 33.1 percent, fishing 43.1 percent and other items at 7.3 percent. The value of permits for construction, addi- tions and repairs registered a positive varia- 6. Leisure activities: tion of 10.2 percent, mainly nonresidential works at 17.0 percent and residential permits a. Gross bets: at 3.7 percent. At the regional level, the dis- The gross bets report (including paid prizes) tricts that grew were: San Miguelito 102.6 per- of gambling operators registered a positive cent, Colón in 99.6 and the districts of David, change of 1.6 percent, mainly, slot machines Chitré, Santiago, Aguadulce and La Chorrera “A” increased by 1.6 percent and sports bet- grouped in 25.4 percent. There was a drop in ting rooms In 32.9 percent; However, the race- the district of Arraiján of 22.2 percent. Pro- track decreased by 1.0 percent, bingo halls by duction of ready-mixed concrete increased by 9.7 percent and gaming tables by 1.4 percent. 20.9 percent and gray cement by 7.5 percent. b. Net betting: 5. Financial Intermediation: Net bets (excluding prizes) increased by 3.8 percent, mainly the racetrack by 117.7 per- a. National Banking System: cent, bingo halls by 27.0 percent, sports Data not available to date, by the event wagering centers by 36.3 percent and source providing the information. slot machines “A” by 1.3 percent. hundred; On the contrary, there was a negative varia- b. Stock Market Indicators: tion in the tables of games in 15.9 percent. The trading volume (in balboas) of the stock market on the Panama Stock Exchange 7. Electricity and water: (BVP) rose by 282.0 percent and the number of shares by 822.2 percent. The second- a. Electricity supply: ary market increased by 27.6 percent and The national supply of electricity presented a the primary market by 5.2 percent, however, positive variation of 0.4 percent, due to the in- the buyback market fell by 46.7 percent. The crease of hydraulic generation by 12.5 percent calculated BVP index rose by 6.5 percent. and solar by 197.9 percent, slowed by the drop in thermal generation by 10.0 percent and wind by 64 c. Insurance: 21.7 percent As well as imports at 77.3 percent. The total value of subscribed premiums in- source providing the information. information. the providing source Data availablebynot to the date, expenses: their and abroad residing of passengers b. Entry rate at 0.1 occupancy the and percent. percent at 0.5 units of housing number the percent, stays at 23.5 ofaverage overnight daily the in variation a positive ed report City Panama in activity Hotel Hotels: a. of passengers: 9. Hotels entrance and 6.7 in drinks of soft percent. production and 1.2 in products of percent derived facture manu the for used milk natural and percent 0.8 milk pasteurized 6.3 in percent, cattle of slaughter in decreases were There cent. per 2.9 by alcohol rectified And 12.1 percent beverages 0.1derivatives alcoholic percent, tomato 6.3 percent, sugar 2.3milk percent, powdered and condensed milk, evaporated 2.0 percent, production meat chicken percent, of 4.4 slaughter pig in was increase an There 8. Manufacturing industries: by 3.5 rate percent. was reduced industrial the 1.7 Government and cent However, percent; 3.2 per residential 2.2 percent, commercial sectors: to the linked 2.8 percent, increased Republic water the in drinking for billing The Water:c. 0.3 percent. government and 5.6trial percent, 0.7 indus commercial percent, 0.4 percent, were casualties residential hand, other the On 32.3 in percent; generators of the and percent 27.8 13.3 in customers tomers large percent, cus other of the mainly of 0.5tion percent, consump invoiced in increase an registered offered energy electric of the destination The of electricity: b. Destination ------definite contracts fell by 2.6 percent. percent. 2.6 by fell contracts work definite of those and 1.1 in in determined contrast, By percent. percent 8.4 in defined those these, Of by grew 3.0 percent. quarters head MITRADEL at the bor contracts reported La at MITRADEL: tracts con labor Registered a. 11. Related: Other (ITBMS)by fell 3.1 Sales on vices percent. of Ser Provision the and Goods Corporal Tax The Transfercent. the on of Furniture by 3.1 revenues non-tax and percent per by 1.4 revenues tax in to adecline due cent, by 2.0 per declined revenue current Government’s The Government: of Central income Current a. 10. Public Sector Finance: - - - -

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PANAMA CANAL RECORDS NEW CAPACITY RECORD WITH CONTAINER CARRIER SHIP

Source: ACP

ith less than a month to es- Wtablish previous record, the Panama Ca- expanded Canal after COSCO Development. nal received today the transit of the container ship OOCL France, becoming the Recognition for environmental ship of greater capacity in transit the new efficiency locks since its opening in June of last year. As it was its first transit through the inter- OOCL France moved northward Wed- oceanic route, the Panama Canal delive- nesday (towards Atlantic) with a maxi- red to OOCL France the Green Connection mum capacity for passage through the Award, which recognizes ships that comply Panama Canal of 13,926 TEU’s (20-foot with environmental efficiency standards. containers). The boat measures 366.47 meters long and 48.23 meters wide. By using the Panama Canal route, this vessel reduces between 5,000 and 26,000 The previous record was set by COSCO tons of CO2 compared to conventional Development on May 2, with a record of routes that existed before enlarged Canal. 366.45 meters in length and 48.26 meters in the morning, with 13,345 TEU’s of capacity to transit the Panama Canal. Expanded Canal Performance

Like the Cosco Development, OOCL France is A la fecha, un total de 1,360 buques neo- located in the new service of the South Atlan- panamax ha utilizado el Canal amplia- tic (SAX) of the new alliance OCEAN Alliance. do desde su apertura en junio pasado. De estos, el 43.8 % corresponde a porta- The SAX weekly frequency service is lo- contenedores, 29 % de gas licuado de pe- cated on the route from Asia to the east tróleo, y 8.1 % de gas natural licuado. L&E coast of the United States and includes in its rotation the ports of Hong Kong, Yantian, Ningbo, Shanghai, Norfolk, Savannah and Charleston.

In its rotation it uses 11 ships with sizes ranging from 11,000 to 13,000 TEU’s of 66 capacity. OOCL France is the second ship of this service to transit through the T vince of Veraguas, recorded a 71.8% of Veraguas,vince recorded of ge pro Fe the in Santa areas, ofside county by (92.1%) Mironó Besiko (91.2%). and Out (93.1%), Kankintú Buglé, Ngäbe followed in are located index overallhest poverty hig with tool revealed thatdistricts The average. on points by 7 percentage almost their Gini coefficient (a measure ofreduced inequality) significantly corregimientos 631 the of 54 As for poverty. inequality, tored general by 7.5incidence - compa points, percentage their reduced of which 48 poverty, extreme of incidence the in changes significant ted 49 country, 76 the reflec in the districts Of of to up 15140 areduction reflected percent. corregimientos, rate. these Of rall poverty ovein showed a reduction corregimientos 571 of revealed Map country’s that 90% The Map. General the were from taken ference, 2015, took as a re study year that the the during lements throughout the country sett and districts in poverty extreme and rates, general mortality on mation in total) topics containing (7 infor Other fare related to investment Panama. social in number of socioeconomic indicators And wel to relationship a their and poverty extreme and of general areas with distribution identify a Map, tool thatwill Panama new Poverty the today presented (MEF) Finance and Economy PRESENTED IN PANAMA MAP POVERTY OF NEW IS he World Bank (WB) and the Ministry of Ministry the and (WB) Worldhe Bank ------business, and professionals of and all kinds. business, private society, civil for academics, useful very it will be In addition, environmental. and productive as well as Social field the from people, for Panamanian greater well-being favor in actions of and plans implement and to evaluate, design its in efforts Government to useful the that tool very will said be Bank, at World economist senior Scott, Kinnon Guardia. La De Dulcidio Finance, and Economy of 2015-2019,” Government of Minister said Plan Strategic the in contemplated vestments in to particular, in execute public and, Nation the of Budget General of execution efficient to will contribute of Map new Poverty “The nama (13%) (12.7%). Miguelito San and ofprovince Panama West (13.5%), Pa the in Carlos are: San inequality or verty lowest with po districts the In contrast, poverty. for extreme scores highest the also reflect districts These poverty. neral Source: MEF

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ECONOMÍA: CIERRE AL 2016 Y PRELIMINARES 2017

David Saied - Director INEC [email protected]

onsumer price index C between 0 and 2% lower than that of sta- Percentage change tes United with the exception of the strong years of the 70s with the big inflations and This is the ipc that this year is close to 1%, the recent one that was mainly due to me- not wanted to touch it a lot to what goes gaprojects and the expansion of the chan- until February because tundra some ad- nel here as shown the cusp of the expansion justments, which will be done between April of the expected Channel that would happen. and May which is going down because some changes are being made in the samples , In the year 2015 was the lowest since 2004 The important thing is that we see that ipc and it seems that this year is around 1% or was consistently between 0 and 2% and we care in 1% if the low of the fuel is maintai- have returned to that level of this country or ned, in addition to the decreases in rents this economy in the 60s and 80s ipc kept that are being noticed in This semester

68 difficult because part of the challenge is that that is many These foreigners challenge are still formally tourists. the of part because difficult been has it of foreigners, issue the improve to trying we now are right but projections the we make growth, demographic growth, pulation of po issue the is for INEC responsible is that problems of the One contracted. not has nomy 21%, above eco rates rose the interest hence when recessions strong US 1980s famous the of the recession post-recession the in only ds perio fewcontraction very have been There Change in gross domestic product been maintained and is at 4.95. and maintained been thathad band the broken nally 2016cember has fi- in January 2015 4.5and April from to De 3.9 stabilized between activity of economic index monthly The activity economic Monthly of index - - - - allow us to know a little more about foreigners. about more a little to us know allow will which here been has that time the and son per of the nationality the about a question ced introdu been has which in unemployment jobs, measures it that now Doing being are veys that sur household the in them capture also and is longer stay their if to measure to try tourists INEC is taking the as tourists, formally are they while as residents them register not can Service Migration the INEC or asthe such institution An

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As the closing of 2016 munications 6,642.2 by the way this will be gross domestic product The last year in which we have transport and telecommunications together and this The trade remained the leader despite having has been separated for example in what had many difficulties with the Free Zone, is is a household survey in what is employ- the leader of all sectors with 10,816.6 mi- ment is already separated in different areas. llion in contributions to the economy in va- Legal and accounting services 4,697.9 ban- lue added, hence transport and telecom- king 3,913.8 Hotels and Restaurants 2,119.4

In the following graph we show the GDP 2016 by primary and secondary activity

70 and This explains much of the non-acceleration of the economy but has continued to grow. has continued but ofeconomy the ofnon-acceleration the much explains This and 2011 from growth to 2012 to grow, nowof it has before and continued not to rhythms the was there strong see if they is effect, there fall ifis they obviously growing and economy grows the of services of economy, this machine export It the is if the for many analysts, of services Exports Flow of foreign investment foreign of Flow tinctly of what happened in 2016 in of happened what tinctly Panama. on to bet investment continues foreign indis would notstill this continues grow or but thatwas this tomany affect going thought In 2016 grewto 5,129.9 2016 in thathappened everything thatwith impressive something

World

Source: OIT - CEPAL

LABOR CONDITIONS WILL CONTINUE WEAKING IN 2017 AND URBAN UNEMPLOYMENT COULD EXCEED 9% IN THE REGION ECONOMY

he average rate of urban unemploy- increase in more than two decades, which ment in Latin America and the Caribbean has been attributed to deepening econom- will increase again in 2017 to 9.2% in a ic crisis expressed in a second year of con- year marked by modest economic growth traction of gross domestic product (GDP). Tthat will not be enough to counteract the weakness of labor market, according to a Given the modest regional economic new report Released today by ECLAC and growth of 1.1% that ECLAC and the ILO the International Labor Organization (ILO). estimate for this year, it is very likely that conditions of labor market weakness will In the new edition of the joint publication continue in 2017, particularly with regard Labor and Employment Outlook in Latin to the creation of new jobs and the char- America and the Caribbean, which analyz- acteristics of existing and future jobs. es performance of regional labor market in 2016, the two agencies point out that in that Specifically, a new, albeit more limited, is year urban unemployment rate increased projected to increase by 0.3 percentage 72 to 8.9% from 7 , 3% in 2015, largest annual points regional urban unemployment rate formation from the population censuses grants. regard With to latter, the using in- of immi young low people Education, withand women along are, which among above groups, vulnerable ally affects, all, a deterioration of usu conditions - working also recalls Caribbean that the and America in Latin latest Outlook The of edition Labor rates lower and wage adds. increases,he es negative) growth registered employment low in the is (andalso reflected casin some which averagein the of employment, quality impliesadeterioration This incomes. stable is characterizedployment, by low un and ofcontext ofa weak em salaried generation in the especially self-employment which, also recognizes increase an report in The inInwhile 13 remained. it or decreased rate unemployment the increased, countries in 2015,with that observed in eight when level of 2015. contrasts performance This registered a dropmaintainedsame or the rate, eight while unemployment in urban In 2016, 13 increase an experienced countries tor of ILO, the to inprologue document. José and Salazar, Manuel Direc Regional (ECLAC), Caribbean the and America Latin for of Commission Economic the retary Executive Sec No. “said 8, Alicia Bárcena, Sustainable Development the Objective work for all’, decent and as As stated in productive fullemployment and growth, inclusive sustainable economic and tained, tocall to ‘promote duplicate efforts sus is a which in combating these scourges, progressslowed risome. In has fact, been trendswor are labor recent highly region, excessive and in the inequality ing poverty “Given is key thatthe employment to reduc ulation that would is fall employed) again. of working-age pop ratement (proportion Wage that employ would employment affect to mainly due of weak the erage, generation would 9.2% around which be year inthe av ------international development agenda. development international advances workrecent and in the decent workers into and productive employment quired to promote integration of migrant also reviews re report policies The able. is indispens perspective a gender which integration forlabor ening mechanisms, of strength search emphasize importance According to ILO, and ECLAC results of re mainly from India.immigrants, China and country due to a significantpresence of Asian asMexico, and well as latter inthe Panama, except for cases the of Caribbean, Brazilthe and of region America inthe Latin countries Paraguay, Panama, Mexico, from Comes Ecuador, Rica, Costa Chile, Brazil, Bolivia, coveredall countries (Argentina, in study cally active inalmost immigrant population of more 80% than Meanwhile, economi coverage than natives, migrant especially women. security social lower nificantly levels have and of informality labor sig high natives, the than incomes age suffer immigrants have flows, gratory lower aver Specifically,those in strong mi with recent characteristics ofand nitudes immigration. according to countries magates between differenti document of The its population. than 7, to corresponding 1.3% 6 million people of countries had received more continent 2010 (4.8% of total the population), while territories spective ofaround inregion origin 28.5 emigrated re from milliontheir people it is Accordingestimated to that document, ofceleration migration to regions. other of incontext de quired great importance given that intraregional migration has ac- is issuean presented, of growing relevance of in countries region insertion labor their of overview an surveys, household and

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INVESTMENT IN INFRASTRUCTURE IN LATIN AMERICAN AND CARIBBEAN COUNTRIES IS KEPT BELOW REGIONAL NEEDS

Source: CEPAL

he countries of Latin America and the economic infrastructure assets (water and Caribbean should invest around 6.2% of sanitation, flood defenses, energy, irrigation, their annual gross domestic product (GDP) telecommunications and transportation), The Tto meet their infrastructure needs, but ac- latest version of INFRALATAM published in cording to recent figures (2015) delivered by May 2017 presents a new format, expands its ECLAC this amount only reaches 2, 3% of GDP. coverage to four more countries and updates data until 2015. The tool now has updated in- According to INFRALATAM database, which frastructure investment data for 18 countries. brings together data on investments in economic infrastructure carried out by countries Latin America and the Caribbean: Argentina, of region, by 2015, 1.5% of these capital inflows Belize, Bolivia, Brazil, Chile, Colombia, Costa corresponded to public sector, while remaining Rica, El Salvador, Guatemala, Guyana, Hon- 0.8% To private sector. It is also noted that the duras, Mexico, Nicaragua, Panama, Paraguay, amount of investment as a proportion of GDP Peru, Dominican Republic, Trinidad and Tobago. doesn’t show an increase over period 2008-2015 and remains far from recommendation of ECLAC. The objective of the initiative is to provide reli- able data to support design and implementation According to the database, which is result of a of infrastructure policies by entities responsible cooperation initiative between the Economic for public policies and planning in countries of Commission for Latin America and the Ca- Latin America and the Caribbean, as well as ribbean (ECLAC), the Latin American Devel- for many public actors, Private and interna- opment Bank (CAF) and the Inter-American tional, such as private investors, academics, Development Bank (IDB) to measure and to builders, civil society organizations and others. promote analysis of infrastructure investments in countries of region, the majority of Following its launch in 2016, INFRALATAM is these are concentrated in transport sector with an important consultation tool on infrastruc- more than 50%, followed by energy sector with ture investment in region for analytical work around 25%. The economies included in this and decision-making of countries and gov- average represent about 72% of regional GDP. ernments in region, as well as regional and global agencies , Including among others the Launched originally on August 30, 2016 with World Bank, International Monetary Fund, Ox- 74 annual data from 2008 on investments from ford Analytica and the specialized press. L&E public and private sectors for acquisition of T five years. Metal prices are projected to projected are prices Metal years. five This would be the first increase of the last nerals, are expected to increase in 2017; agriculture, fertilizers, metals miand suchas prices, commodity Non-energy mes half of what is worldwide.produced tions imposed by which consu China, - by 6% in 2017 to due production restric mated that of theprice coal will increase of prices in theUnited States. It is esti ofprice natural gas of 15%, driven by rise anticipated for this year increase An in 2018. In line with oil forecasts, price it is timated to rise 26% this year 8%and by also includenatural gas coal,are and es Prices of commodities, which energy sector’s is rebound than expected. higher are subject to fall risks if the US shale oil lly rebalance. oilThese forecasts price states,ber will allow markets to gradua statesby member and non-OPEC mem sing oildriven prices, by production cuts an average of USD a barrel 60 in 2018. Ri ofprice USD 55 barrel increase and per to tains its forecast for this year oil crude on main theagency kets Outlook report, In issue theApril Mar of its Commodity and metals, in 2017energy year. and next ces of industrial commodities, especially

he Worldhe forecasts Bank an increase in pri BASIC PRODUCTS WILL INCREASE IN 2017BASIC WILL INCREASE PRODUCTS PRICESACCORDING INDUSTRIAL OF TO WORLD BANK, ------supply turned out to out than turned supply ex higher be ted to more be than 6% by 2017 because cocoa teacludingand coffee, - is expec A decline of in theprice beverages - in main cereals during this year next.” and predict a surplus in global of supply Marketsdity “Assessments Outlook. nomist author senior ofand Commo and rice”, saidsenior eco John Baffes, level of past 15 years for maize wheat, tio of reserves to utilization to highest “Favorable conditions have taken ra ce of oils rawand flours and materials. should offset be by increase in pri ble this year, as fall in of price cereals a whole is toexpected remain sta modities, agricultural index asprice Within thegroup of com non-energy incline for safer investments decreases. interestbenchmark rates rise the and this year anotherand 1% year, next as cious metals is toexpected fall by 1% prices. However,copper of price pre large mines have contributed to higher Strikes and labor contract conflicts in Indonesia in Chile, ning activity Peru. and constraints, such as disruptions to mi especiallymand, from and supply China, rise 16% this year as a result of strong de Source: Banco Mundial

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pected, but it is estimated that agricultural commodities will increase by a 4 %. The end of the El Niño / La Niña cycle limits the risk of price increases in the agricultural commodity forecasts for 2017-18.

The World Bank’s Commodity Mar- kets Outlook provides a detailed market analysis of major commodity groups such as energy, metals, agriculture, precious metals, and fertilizers. In addition, forecasts for prices of 46 commodities as well as historical price data are included up to 2030. L&E

76 T promote fiscal and external adjustments adjustments external and fiscal promote should thatmany countries out points port re context, external In challenging this forces internal and External Paulo, Brazil.. São in conference a press during Department, Western Hemisphere Werner, of IMF’sAlejandro Director the “said sustainableinclusive and growth, a Strong, seeking time same at the while safeguardingon against downside risks, focus should region of our countries the a low level but oflicies market volatility, po global about greater uncertainty “With economies. many on impact significant a to factorshave will continue of domestic evolution The to policies. uncertainty global increased and partners, trading from mand de and prices commodity in rebound slight a including landscape, policy and economic global the in changes to fundamental pond res prospects thatthese explains report The to level at of amoderate remain 2.6 percent. 2018. is expected growth term, medium In the bypand 1.1 by 2 percent yearthis and percent will ex to growth According IMF forecasts, factors. national specific other and tries - coun some in that are ongoing justments ad- external and fiscal materials, Raw ces to due lower pri demand by weak domestic 2015. in ter stagnating was Growth slowed af years: 1 percent worst 30 in it contracted 2016 in Caribbean the and rica was third the he economic growth figure in Latin Ame RECESSION BACK LATIN LEAVING CARIBBEAN: THE AMERICA AND ------in a deep recession and road to hyperinflation. road to and hyperinflation. recession a deep in to continue is expected economy In Venezuela, oreprices iron higher and expected, than Faster inflation in a decrease consumption, to stimulus exceptional an crop, soybean to ding estimates to -thanks abundant an 2017,in -0.2ve percent ground accor to to positi return is expected growth years of two recession, after In Brazil, exports. in arebound and spending tal capi public increased te consumption, 2017,in cent tothanks a revival of priva to by increase 2¼ is expected Growth per way. is under recovery In Argentina, landscape. global the in changes tors and of keyven by fac a combination internal are dri America South in prospects Growth summary Regional bor contributions, capital and productivity. by la leveraging growth raise future help would policies levels. These ofce income foster convergen and dium-term growth to stimulate force order in me labor the in level, promote and women’s participation regional at integration the trade Deepen outcomes; education and governance te, gaps; Improve clima business tructure infras of consist bridging but to country country from vary which reforms, ternal will growth alsomore equitable require in and sustainable greater, to a path Defining debt). to stabilize public sheets rising ce balan primary (for strengthening example, restore or for maneuver room to preserve Source: Banco Mundial

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Without a change in economic policies, real GDP is expected to fall by 7.4 percent in 2017.

In other commodity-exporting countries, modest recovery in commodity prices will provide some relief. Despite a slight im- provement in external conditions, the outlook for Chile remains subdued, due to persistent internal weaknesses, which is projected to grow by 1.7 percent in 2017.

In Colombia, the orderly economic slowdown continued last year as domestic demand has been adjusted to the permanent shock suffered by the national income. Exceptional factors led to weaker growth than forecast in 2016, but a moderate rebound is expected for 2017.

Peru’s economy grew at a rapid pace in 2016. But investment is still lagging behind, and investment and growth are expected to be halted in 2017 by internal winds from investigation of company-related political bribes Brazil’s Odebrecht, as well as the worst floods and landslides in decades.

In case of Central America and Mexico, ex- posure to the United States influences prospects and risks through the channels of trade, migration, and FDI. Mexico’s real GDP growth would decelerate to 1.7 percent in 2017. Uncertainty over future US trade relations and rising borrowing costs would comfortably offset the positive momen- tum of higher growth in the United States In Central America, Panama and the Domi- nican Republic, growth in 2017 is expected to remain broadly unchanged from last year. Strong growth in the United States will help boost exports and remittances.

Prospects for the Caribbean region are improving, with growth in tourism-depen- dent and commodity-exporting economies projected to be in the range of 1.5 78 percent to 3 percent in 2017 and 2018. Legislación y Economía May 2017

“The G20 Labor and Employment ministers workplace-related deaths, illnesses and in- made an important contribution to policies juries worldwide by improving Safety and for inclusive growth and development,” said health practices in global supply chains. ILO Director-General Guy Ryder, following the Ministers also referred to the reduction of adoption of a statement issued today entit- the gender gap in labor force participation led Towards an Inclusive Future: Shaping the and wages through improving the quality World of Work (Configuring the world of work). of jobs for women. Guy Ryder commented that “the recommendations specify in de- The meeting was chaired by the Minister tail an integrated agenda of measures that of Labor and Social Affairs of Germany, An- Are mutually reinforcing that would help drea Nahles. Guy Ryder said that “the De- accelerate the pace of change in favor of claration calls for a set of social policies and working women and the interests of all. “ employment for inclusive development so that global economy is at the service of all.” Ministers also addressed how to promote “The measures identified in the Declaration decent work in the framework of sustainable offer the G20 countries a variety of options global supply chains. In celebrating the com- to exploit the changes that the world of work mitments made by the ministers, Ryder said is experiencing in order to create more jobs that “supply chains can become a powerful dri- with better working conditions,” he added. ver of inclusive growth and development. The Declaration recognizes that the G20 countries Concerning the future of the work, the ministers have a shared responsibility to promote decent agreed that technological progress and digiti- working conditions, and that companies can’t zation, globalization, demographic changes compete by undermining labor standards. It and new expectations regarding employment also recognizes that we must develop proces- are radically transforming our labor markets, ses of interaction and decision-making that creating new opportunities and challenges. promote decent work across supply chains.”

Ministers adopted detailed policy recommen- Ministers agreed that employment plays dations for countries to shape a future that a key role in the sustainable promotion of works for all people in the world, including the integration of more than 130 million mi- skills development, social protection, social grants, around 5 million refugees and a signi- dialogue to achieve flexible working arran- ficant number of migrants back into the G20. gements and fair working conditions, programs Regional and sustainable enterprises. Commenting on extensive and detailed list of policy practices proposed by ministers “The G20 is taking a big step today in order to to facilitate migrants ‘and refugees’ ac- ensure that the changes bring positive results cess to labor markets, Guy Ryder said: “I and reach all people. I count on the active par- think the G20 leaders would be very plea- ticipation of ministers in the ILO Centennial sed to support their leadership in Search Initiative on the future of work,” added Ryder. for a consensus on a subject that too many hope to exploit to foment discord.” L&E The Director-General of the ILO also welcomed important contribution of the Gover- nment of Germany and Norway to the zero vision Fund which will contribute to preven- ting and reducing unacceptable number of 79

FAO AND THE WORLD BANK STRENGTHEN ITS COOPERATION TO END HUNGER AND POVERTY

Source: FAO

he United Nations Food and Agriculture “In the framework of SGD, there is greater pres- TOrganization (FAO) and the World Bank have sure for all of us to collaborate more and to agreed to strengthen their cooperation to help countries better achieve their goals.” The end hunger and poverty at global and na- tools agreed today by FAO and the World Bank tional levels. Both organizations will work create new opportunities and new ways of closely to support their member countries working together. Financial resources for de- in achieving the Sustainable Development velopment, especially in situations of protract- Goals (SDG), improving rural livelihoods and ed crises and fragile states,” Gustafson said. efficiency in food production and distribution, and ensuring sustainable manage- Schafer said: “This framework agreement is ment of natural resources around the world. an important step in strengthening our joint commitment to making project-level assis- The agreement provides new tools to imple- tance at country level faster and more ef- ment this cooperation, which will be used to ficient. We not only simplify processes, but provide governments with technical expertise take advantage Comparative and experience from FAO in projects funded by the World Bank. of our organizations to help bridge capacity gaps that exist in countries. This is espe- Parties underlined the key role of allianc- cially important to assist in our emergency es in meeting the 2030 Agenda for Sus- responses and support to fragile states.” L&E tainable Development, including the use of new ways for a faster mobilization of

80 FAO assistance to member countries. Legislación y Economía May 2017

Milena Vergara - Assistant [email protected] Environmental CAPSULE RICARDO MORENO:

EMERGING Its main task is to find conciliation be- EXPLORER AND tween the peasants and the jaguar, to share the habitat and avoid death of the feline, WORLD CHANGE who is sometimes persecuted by herds AGENT and pastures for taking livestock for food. In the same way it leads a surveillance program through which cameras - traps are placed in the feline transit zone and GPS collars to the specimen itself, in order to guarantee their wildlife and combat traffic and conflict.

Ricardo Moreno, indicates that his title n May 3 was published in newspaper La Pren- is shared with those who supported him Osa great news and is that it is known that the in the initiative to care for the jaguar. In National Geographic Society grants the title of turn recognizes that it is a push to make “emerging explorer and agent of world change” themselves known to the audience and to the Panamanian biologist Ricardo Moreno. strengthen the credibility of their project. The young Ricardo Moreno, indicated that Moreno along with 13 other agents of change from his adolescence was attracted by life in the world will be honored next June 12 at of felines, in particular jaguar, species that the National Geographic Explorers Festival is in danger of extinction. Its main mission to be held in Washington, DC, United States. is to follow and investigate the species with the help of technology, which has been fas- Likewise it has been announced that new cinating for the National Geographic jury. agents will receive B/. 10,000.00 to support their programs of protection to the wild. Moreno is an associate researcher at the Smith- sonian Tropical Research Institute and director This initiative deserves a high degree of rec- of the Yaguará Panama Foundation. Through ognition as in recent years it seems that the this Foundation, the biologist has extended protection of wild and domestic animals is a community awareness program to avoid not being given due importance and it is the death of the jaguar and also to overthrow worth recognizing those people whose mis- the myth that this animal attacks humans. sion is the protection of These species. L&E 81

Lisbeth Martéz - Assistant [email protected] ILLUSTRIOUS PEOPLE

ANGELA DOROTHEA and Youth, and then tors point out that, MERKEL Environment, where within Christian she showed inter- Democratic Union • Born Angela Dorothea Kasner est in problems of (CDU), dominated • Mandate: November 22, 2005 - In exercise. • Born: Hamburg, 17 July 1954. ecology. With per- by Catholic leaders • Political party: Christian Democratic Union severance and in- in western regions, (CDU). dustriousness she Merkel showed ad- • Profession: Scientist in Chemistry and rose in direction of mirable tenacity in Physics. the Christian Demo- struggle for power crats, overcoming since she was elect- Born in Hamburg in versity of Leipzig, reservations that ed general secretary 1954, Angela Merkel, where obtained her the most tradition- in 1998. During the the daughter of a doctorate in 1986. alist wing aroused cataclysm Which Protestant pas- in her unique status shook the party over tor, lived from a few Under the patriar- as a woman. When Illegal donations, months in the GDR, chal protection of retiring this, gen- which took Kohl’s under the rigors of Helmut Kohl, The eral secretary (1998) heir to the presi- the Communist re- Girl, who was called and president of the dency of the party, gime, and was not by the chancellor party, position for Wolfgang Schäuble, a dissident, but a of unification, was which was chosen her political ambi- militant of German trained in the tasks 10 of April of 2000. tion prevailed over 82 (Communist) Youth, of government as the respect she pro- Physics at the Uni- Minister of Women German commenta- fessed to her mentor. Legislación y Economía May 2017

Not only did she criticize Kohl in a press ar- rives a political style that runs away from ticle that caused a sensation, but she called The generalities to stick to the observation for a new impetus to free the party from and study of details. In contrast to Kohl, a heavy inheritance. Although chairman of traditional Catholic politician, obsessed the CDU since April 2000, her meteoric rise with history and social and political con- raised suspicions among party’s barons, sensus, she acted as a scientific, pragmat- who considered her a transitional figure, ic, “independent of ideology”, in her words, so that when a candidate for the election carefully weighing the pros and cons, had to be elected, coalition parliamentar- But that doesn’t hesitate in the decision. ians preferred the president of Bavarian branch, the Christian Social Union (CSU), Candidate for Chancellor Edmund Stoiber. Her quarrel with the head Elected unanimously by the CDU-CSU co- of parliamentary group, Friedrich Merz, cur- alition candidate to Chancellor on May 30, tailed her aspirations, but this pretense, far 2005, electoral campaign began with a from depressing it, breathed new energies 20-point lead, but this began to disappear as soon as it revealed its economic program President of the CDU and, especially, since it announced which The defeat of Stoiber by Chancellor Ger- would raise value added tax (VAT) on two hard Schröder in elections of 22 September points to promote job creation. Instead of 2002 allowed Merkel to climb a new rung of making amends, she riveted it by choosing power, displaced Merz, weakened by elec- as a tax adviser a professor at the University toral fiasco, and was elected president of of Heidelberg, Paul Kirchhof, with an ultralib- parliamentary group CDU-CSU and, there- eral vision, who advocated a radical reform fore, head of the opposition in Bundestag. of taxes and recklessly proposed a single levy of 25 % and the abolition of subsidies. The grosse koalition, facilitated by good personal understanding between Merkel In the only televised duel between the and the Social-Democratic leaders Franz two candidates (Sept. 4), Merkel’s image Müntefering and Peer Steinbrück, Vice improved, and although the polls gave Chancellor and Minister of Finance, re- Schröder a tight win, she surprised support- spectively, started working better than ers favorably, whose opinions confirmed expected. Speaking indiscriminately of that she had been “better than expected”. “new social market economy”, the Prime Minister and her partners undertook a However, the liberal discourse and cloudy reform of the federal state, launched a skies on social benefits cooled voters’ en- privatization campaign, invested in R & D, thusiasm by change that pointed polls. raised VAT and the maximum rate of in- The CDU recovered part of lost ground af- come tax, delayed the age of Retirement ter she distanced herself from the propos- from 65 to 67 years and simplified Social als of Kirchhof, but its popularity resented. Security with increases in contributions. Foreign policy is not her forte, but she is During her three years in the opposition, considered a NATO devotee who will do ev- not only was she tenacious in her dia- erything possible to improve relations with tribes against Schröder’s reforms, which Washington. According to political scien- she judged to be insufficient, but gained a tist Daniela Schwarzer, “each of its deci- reputation for adopting a strictly rational sions on Europe will be examined under 83 approach to problems, from which she de- two conditions: the interest of Germany and

its transatlantic consequences.” Like other reverse the downward trend”, but measures leaders of countries that were under Sovi- on tax increases and social cuts, to cor- et yoke, she has a very good opinion of the rect budget deficit, were expected to be United States and frequently recalls that uni- controversial. On 22 November, in a sol- fication of Germany wouldn’t have occurred, emn ceremony, the Chancellor was invest- at least not so quickly, without the support ed by the Bundestag by 397 votes in fa- of President George Bush in 1989-1990. vor (51 less than the grand coalition), 202 against, 12 abstentions and a null vote. Incarnation of success of Germany’s reuni- fication during the campaign stressed that The tradition of consensus will undoubt- she was proud to “be seen as the candidate edly prevent the liberal break initially ad- of unified Germany,” although analysis of vocated by new chancellor and will lead to the votes unequivocally demonstrated the a convoluted situation that will test their disparity of perception between the West, political talents and determine their future where it was Seen by many electors as an and partly that of Germany and all of Eu- Oriental, and the east, where it appeared as rope. As evidence of her commitment to the excessively Westernized, even to its puri- European future and at the same time At- tanical family. The collapsed Berlin Wall still lantic, Merkel traveled to Paris to meet with has important effects on electoral behavior. Jacques Chirac on 23 November (a day after her investiture) and then visited headquarters of Atlantic Alliance in Brussels. First Chancellor of the German Government The coalition government lasted until 2009, when the CDU won the parliamentary ma- In 2000 she was unanimously nominated jority and formed a new coalition formed by the CDU as a candidate for Chancellor. by the Christian Social Union of Bavaria April 10 is elected President of the CDU. In and the Liberal Democratic Party (FDP). 2002, she resigns this candidacy and leaves Edmund Stoiber (CSU) free as sole candi- Merkel won an overwhelming victory in the date of the CDU/CSU Union. Stoiber loses German generals on September 22, 2013, - by a few points - the elections of 22 Sep- which left her at the gates of the absolute tember. In September, she was appointed majority in the Bundestag. The Christian Chair of the CDU/CSU Faction in Parliament. Democrat Union achieved a spectacular 41.5% of the votes along with its Bavarian On 22 November 2005, Christian Demo- allies of the CSU. The Christian Democrats crat Angela Merkel became the first Chan- added almost eight points compared to the cellor of Germany to reach an agreement 2009 elections. It is a percentage that didn’t with the Social Democrats to form a co- reach since 1990, in the middle of the eupho- alition government, won 397 votes in fa- ria for the unification of the two Germanies. vor, 202 against and 12 abstentions. She succeeds Gerhard Schroeder, who served On December 17, 2013, German Chancellor as chancellor for seven years until his de- was invested for a third term with the vote of feat in the September 18, 2005, elections. a large majority of the Bundestag, following the coalition agreement between the conser- On November 11, Merkel presented in Ber- vative bloc and the Social Democratic group. 84 lin the program-contract of two major parties, whose aim, she proclaimed, was “to She has chaired the G8 and the Europe- Legislación y Economía May 2017

an Council. In May 2015, she was named Johns Hopkins University of Washington D.C. the world’s most powerful woman for (2010); The Leo Baeck Medal of Leo Baeck the seventh time by Forbes magazine. Institute of New York (2010); And the United States Presidential Medal of Freedom (2011). Publications and surveys She also holds honorary doctorates Little has been translated from the German, from the Hebrew universities of Jerusa- not even English, the personal bibliogra- lem (2007), Leipzig (2008), Polytechnic of phy of the Chancellor Merkel, that integrate Wroclaw (2008), New School of New York some books of essay on political thought (2009), Berne (2009), Ruse (2010), Babes- and a number of articles, presentations and Bolyai Cluj-Napoca (2010), Ewha for Wo- speeches. The following titles are cited: In men of Seoul (2010) and Tel Aviv (2011). L&E unruhiger Zeit. Reden und Aufsätze aus drei Jahren deutscher Einheit (1994); Das verein- te Deutschland in der Europäischen Union: Neue Chancen für Frauen und Jugendliche (1994); Ist unser Klima noch zu retten? (Co- authored by Hartmut Grassl, 1995); Der Preis des Überlebens. Gedanken und Gespräche über zukünftige Aufgaben der Umweltpolitik Charges (1997); Umwelt und Wirtschaft (co-authored with August Oetker and Hubert Peter Johann, Chancellor of Germany Since November 22, 2005 1998); Europa und die deutsche Einheit. Zehn Jahre Wiedervereinigung: Bilanz und Aus- Predecessor blick (Collective Work, 2000); Mein Weg (in- Gerhard Schröder terview book with Hugo Müller-Vogg, 2004); President of the CDU And Machtworte: die Standpunkte der Kan- Since 10 April 2000 zlerin (with edition of Robin Mishra, 2010). Predecessor The prestigious prizes and distinctions of Wolfgang Schäuble German statesman are led by prestigious Member of the Bundestag Stralsund - Nord- Charlemagne International Prize (Karlspreis) vorpommern - Rügen awarded in 2008 by city of Aachen in recogni- Since 2 December 1990 tion of its distinguished services to European President-in-Office of the European Council unity. She has also been awarded Vision for January 1, 2007 - June 30, 2007 Europe Award by Edmond Israel Founda- tion (EIF) in Luxembourg (2006); The Grand Predecessor Cross of the Order of Merit of Italian Republic Matti Vanhanen (2006); The Grand Cross of the Order of Merit Successor of the Federal Republic of Germany (2008); José Sócrates

The Award of Merit of Jewish organization Minister for the Environment and Natural Conservation

B’nai B’rith Europe (2008); The Jawaharlal 17 November 1994 - 26 October 1998 Buscabiografias.com - Bibliographies Barcelona Center for International AffairsEdited - by: Roberto Ortiz de Zárate Biographies and Lives Nehru Award for International Understanding of Government of India (2009); The Global Minister of Women and Youth of Germany Leadership Award from American Institute 18 January 1991 - 17 November 1994. 85 for Contemporary German Studies (AICGS) of

Jaime Conquest All Europe

Albin Rodríguez [email protected]

Dynamo Bucharest played the fi- would be a good option for him. nal of the League Cup against ACS Poli Timisoara where they won The Panama Team starts tra- 2-0 with Slovakian striker Adam ining this May 24 and Penedo Nemec in the 6th minute and 26 ‘. will be returning to their home- land to join the face-off against The scoreline could have been Costa Rica and Honduras for the biggest difference, but re- the hexagonal CONCACAF fi- feree Radu Petrescu over- nal for the 2018 World Cup. L&E turned two goals for Dina- mo of course out of place. The Panamanian Jaime Pene- do was starter and had a good performance leaving his goal at zero to lift his first European title with the Romanian team. Dinamo Bucharest returned to rise champion after 5 years, being his last titles in 2012 (Cup and Supercopa of Rumania).

Sports Capsule Penedo’s future in Romania is in doubt, according to reports from Romanian media, the UD Las Palmas of the Spa- nish league would have sub- mitted interest to sign it and P A leagues and abroad,” said the federation. the said abroad,” and leagues professional local in both players standing out most to the (FEPAFUT) Federation ball Foot by Panamanian award is given “This manian Football Federation (FEPAFUT). Pana to the according respectively, Player National Best and Player Abroad National 2016-2017 of Best categories their in prize Fernández Rommel FC) the za today won Sounder, USA) and César Medina (Alian Torres Román players (Seattle anamanian This is the third victory of DAU the over victory third is the This stadium. Maracaná the of fief its in to liquidated Square the 78 minutes, the in Small, of goal thatEnrico with nenses, favorable to colo the settled Arabs and placinos between series expected The and Amador Plaza respectively.Atlético Veragüense, against finals LPF, Onda ble semi play as they their 2017 the of final TournamentClausura Ca of Liga the the in play will cer, teams soc national in winning most

teams full ofteams titles full Final LPF two Super 2017 Awards 2017 Rommel Fernández rabe Unido and Tauro, and Unido rabe two the ------the Rommel Fernandez Stadium. Stadium. Fernandez Rommel the Saturday May o’clock 27 atnext eight at The final ofthe Clausura 2017will be played revelation team ofcontest. the ragüense, way the on to Atlético Ve left which with gave Corpas TauroAlexis of 2-1 victory the 91 the in a goal ofminutes hisFor part, League. Onda of Cable the tournaments have met in the semifinalsin the lastfive they times four Plaza the in the portivo Árabe Unido Amilcar Henríquez. De and player ex-selected assassinated to the year, this tribute prize in posthumous award a will it that announced also FEPAFUT [email protected] Albin Rodríguez

L&E L&E - -

Albin Rodríguez [email protected]

Under-12 World Championship Panamanian Participation

he Under 12 Baseball Selec- The Panamanian Baseball Federation tionT of Panama will debut against last week held the National Champion- South Korea at World Champi- ship with a view to drawing the selection onship next July 28 in Taiwan. that will represent us in the World Cup. L&E

Panama number 14 in the world, will be in Group B alongside the Unit- ed States, Australia, Korea, Nica- ragua and Germany in World Cup event that will run until August 6.

The three best teams advance to next round in search of get- ting into the fight for medals.

Chemito Moreno Returns to the Ring

ormer Panamanian world champion Anselmo “Chemito” Moreno is optimistic Fthat he will be able to get ahead on Satur- day against Mexican Julio “Pollito” Ceja.

The 12-round, 122-pound bout will be the star of the “A Callar Bocas” feature, which will host the Amador convention pion again and I am going to take him center and will appeal to the winner to my school”, stated” Chemito “More- to win the right to win the world super no during his practice at the gym Pe- ban of the World Boxing Council (WBC). dro “El Rockero” Alcazar of Curundú.

I’m going to fight in my yard, I don’t For this fight, “Chemito” Moreno will enter know what they’re going to do. I am the category of 122 pounds, after fight- very motivated to be a world cham- ing several years in bantamweight. L&E • MyFavorite Villain#3:June29. • Gold:TheGreat Scam:June29. • TheOdyssey: June22. • Everything Everything: June22. • TheMummy: June8. • HowtobecomeaLatinLover: June1. • Theoneyou are looking for: June1st. • Wonder Woman: June1st. Cultural Capsule Cultural • World Wine & More, Hilton Hotel, 23 and 23 23 and Hotel, Hilton &More, Wine • World ofCity Knowledge. 13, June Ateneo- Festival, Fado • Panama-Mariza 5. May 26 to June from ofSantos Los Province tos, of San Los Villa the In Christi: Corpus • Festival Ateneo-City of Knowledge. VillalazAnita Theater, and Maritime University Arts, of Fine 31 11 to June Faculty Dome. the in May Malo: from Saint de Alfredo Festival • IX June 1st. • ElAngelTheater: ReunionofGraduatessince since June11. • ElÁngelTheater: LosVillanosContratacan • Teatro Inida:Solita-AnaQuijano8and9June. The SoundofMusicfrom 7to12June. • Teatro EinsteinInstitute: AboudAttie Alberto to the18ofJune. • TheaterAba:For Liar, myhusbandfrom the4 the desires throughout the monthofJune. • TheaterTheStation:AladinoandtheLampof • TheaterStation:HiddenSins,June1-3. • Teatro LaEstación:DearDadsinceJune8th. • Teatro LaPlaza:JazzBeatlesJune27th. 19-21. • Teatro LaPlaza:MisamisandIonJune5-12- of June. • Teatro LaPlaza:Silviafrom the1stto10th • Teatro LaPlaza:Shrek until June25th. MOVIES FESTIVALS THEATER - • Ricardo Montaner-June 22-Roberto Duran Arena. Duran 22-Roberto Montaner-June • Ricardo Center. Convention Balboa de -Vasco Nuñez Hotel 21 to 25 June - Panama Circus-Immortal: • Vampire Center. 16 Convention -Amador Concert-June In • Nacho Atlapa. Huaca Teatro 3, -June La Internacional • Illusionismo of Knowledge. -City 6/Ateneo June • Roots: of Knowledge. -City eneo /At 22 /June Orchestra Victoria Music- • World 10th. June of Drums: Moon • Full Anayansi-Atlapa. Teatro 30, and 29 June Festival, Ballet • Panama June. PRESENTATIONS CONCERTS AND [email protected] Mariela deSanjur

VARIOUS ACTIVITIES AND FESTIVITIES

• June 4: Pentecost. • June 8th World Oceans Day. • 12 June World Day Against Child Labor. • June 13 Radio and TV Day. • June 13 San Antonio de Padua. • June 14 Talker’s Day. • June 14 World Blood Donor Day. • June 15: Corpus Christi. • June 16 National Day of the Trovador and poet of the tenth Panamanian. • June 18 World Day to Combat Desertification and Drought. • June 19 Father’s Day. • June 21 Music Day. • June 21: Summer Meeting. • June 24 Saint John the Baptist. • June 29 St. Peter and St. Paul Apostles..

Museums and Exhibitions

• MAC: o Great Auction2017/May 31. o Camp Art Vacation Workshop: From June 19 to 23. • BIOMUSEUM: o Sunday 4 June free

SPORTS

• WWE Live, June 10, Arena Roberto Durán. • Soccer PANAMA VS HONDURAS - JUNE 13/ROMMEL FERNANDEZ STADIUM. L&E

90 Legislación y Economía May 2017

Alianzas alrededor del Mundo

Mitrani, Caballero, Rosso Alba, Francia, Ojam & Ruiz Moreno-ARGENTINA

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DSN Consultants Inc- CANADÁ

Lewin & Wills Abogados- COLOMBIA

Rivera, Bolívar y Castañedas- PANAMÁ

Espinosa & Asociados- CHILE

Lawnetworker S.A. Asesores Legales- ECUADOR

Peter Byrne & Associates- ESTADOS UNIDOS

Machado Associados Advogados e Consultores- ESTADOS UNIDOS

Ortiz, Sosa, Ysusi y Cía., S.C.- MËXICO

Estudio Rubio Leguia Normand & Asociados- PERU

Adsuar Muñiz Goyco Seda & Pérez-Ochoa, P.S.C.- PUERTO RICO

Pellerano & Herrera- REPÚBLICA DOMINICANA

Alvarado & Asociados- NICARAGUA

Torres, Plaz & Araujo- VENEZUELA

Facio & Cañas- COSTA RICA