The Constitutional Court provisionally suspended the agreement that allowed companies that currently do not have the economic capacity to comply with the payment of the Annual Bonus, to reconcile the amortization of the obligation with the employees.
The agreement of the Ministry of Labor (Mintrab) 250-2020, which was published in the Diario de Centroamérica on July 10, stipulates that in order to postpone the payment of the Bono 14, employers who are not in a position to do so due to the economic crisis resulting from the outbreak of covid-19, could make an application to the Ministry.
The representatives of the Supreme Court of Justice of Costa Rica are more concerned with defending their unacceptable privileges than with performing impartially and morally the work for which they were appointed.
EDITORIAL
Arguing that the Tax Reform approved in the first debate in the Congress imposes spending containment measures on the salaries of the Judiciary, the judges of the Supreme Court of Justice announced that they will oppose the reform if the points that affect the operation of the institutions of the Judiciary, in their opinion, are not abolished from it.
Arguing that the basic principles of public procurement were not complied with, in Panama the contract between the State and the company Petaquilla Minera has been declared unconstitutional.
The legal dispute began in 2009, when the Environmental Advocacy Center (CIAM) filed an unconstitutionality appeal against the contract that grants a twenty year concession to Cerro Petaquilla to exploit and sell gold, copper and other mineral resources.
Following a controversy caused by statements made by the Attorney General of the Nation, the Panamanian business sector is demanding that a thorough investigation be carried out, asserting that things are moving "dangerously towards the exhaustion of any principle of legality".
From a statement issued by the Chamber of Commerce, Industries and Agriculture of Panama (CCIAP):
The union of private companies is promoting a reform that allows strengthening of the administration of justice and ensures the independence of judges and prosecutors.
From a statement issued by the Chamber of Commerce, Industries and Agriculture (CCIAP):
The Attorney General has denounced the existence of barriers that prevent white-collar crime and in particular corruption within the state from being pursued effectively.
The authorization from a judge for a case of public documents to be opened as part of an investigation, and the adoption of appeals even when the law states that they are not appropriate, are some of the legal obstacles that delay the processing of cases of white collar crime.
In Panama a new constitutional ruling prevents outsourcing of tax collections to private natural and legal persons, repealing a presidential decree.
The Supreme Court (CSJ) declared as unconstitutional paragraph 3 and subsequent paragraph of Cabinet Decree 109 of May 7, 1970 that allowed the public function of tax collections to be carried out by private individuals and corporations, which was aimed at monitoring the collection of taxes.
A disservice is being done to the country's business climate by court trials which take 15 years to produce sentences that can then be overturned on appeal.
EDITORIAL
It has taken such a long time that the main participants involved in the trail are not even the same people. Prensa.com reports that "...After 14 years of settling a process for alleged absolute monopolistic practices, the Ninth Court of the Civil Circuit has ruled that there was no merit to sanction five airlines that were denounced by the former Commission on Free Competition and Consumer Affairs (Clicac), today known as the Authority for Consumer Protection and Defense of Competition (Acodeco). "
The ability of the executive and legislative powers to effectively lead their country's economy is seriously diminished by the excessive actions of the judicial branch, especially the Constitutional Courts.
EDITORIAL
It is happening in Central America but it is a growing problem throughout Latin America. The legitimate concern to guarantee that all citizens fully exercise their rights under the very welcomed liberal democracy, has created a culture of acceptance of virtually all proceedings filed in courts against executive actions taken by the government, and also against laws which have been formally approved.
Although Central American countries have big problems that impair their image abroad, it is sometimes the small episodes that stand out as unacceptable when viewed from abroad by modern society.
EDITORIAL
Many politicians would have the people they lead believe that the main function of the state is welfarism, when the road to prosperity and social justice begins with the proper functioning of the judiciary and will of the state to enforce the law. If the State complies properly with these primary functions, development is protected from the fickleness of any bad leaders, and formation of a culture of justice and respect for the rules, which is essential to human progress, is assured.
A survey has revealed that 73% of Nicaraguan entrepreneurs distrust the country's judicial system, and perceive the state as very corrupt.
Despite this result, the fourth survey on Trust and Corporate Intent, conducted by the Nicaraguan Foundation for Economic and Social Development (Funides), notes a slight improvement in the situation.
"In a survey conducted by Funides with 58 companies representing 30% of the gross value of production of the country, employers said that in addition to the distrust in the application of justice, they also perceive a lot of corruption in state institutions," reported nuevodiario.com.
The National Association of Private Enterprise of El Salvador has announced the formation of a team of constitutional lawyers to appeal against any decision issued by a court which they consider illegally appointed.
Already in a press release issued on July 1 the National Association of Private Enterprise (ANEP) noted that:
"Ministers belonging to the FMLN, GANA, CN and PES, in complicity with the President, insist on trampling over the Constitution of the Republic and the sovereignty of Salvadorans, trying to attack the power of the judiciary."
The funds would be used to support judiciary and security projects by the Statistics Institute.
Another area is educational technology, as there is a plan to provide one computer for every child enrolled at basic levels.
Miguel Manzi, IDB Resident Representative, explained that about 500 million, earmarked for various projects running nationwide for the past 5 years, are awaiting disbursement, but the government needs to speed up its procedures to release these funds.
The tender is for the supply and implementation of a comprehensive software solution for the accusatory penal system.
Purchase, supply and implementation services include the installation of the initial stage in the second judicial district which includes the provinces of Veraguas and Cocle.
Those responsible for implementing the new "accusatory" penal system have presented the budget necessary for it to begin in Coclé and Veraguas.
The article by Yureth Paredes in Laestrella.com.pa indicates that, "Institutional Coordination Commission sub-committees created to implement the accusatory penal system (SPA) presented the total budget required for this new structure of almost $52 million".
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