Supreme Court admits four more unconstitutionality claims against mining law

Four new claims of unconstitutionality against Law 406 of October 20, 2023, have been admitted by the Supreme Court, it was reported on Tuesday, October 31 raising to six the number that have been received by the Court’s magistrates.

Law 406 establishes the new contract between the State and Minera Panamá.

In the last ten days, this law has motivated different citizen groups to go out to protest – at the national level – to show their discontent over the controversial contract for mineral exploitation in Donoso, for 40 years, awarded to the mining company First Quantum Minerals.

On Monday, October 30, two of the trial judges admitted the unconstitutionality claims presented by lawyers Ernesto Cedeño Alvarado and Roberto Ruiz Díaz.

These were sent to the Attorney General of the Administration, Rigoberto González, and to the Attorney General of the Nation, Javier Caraballo, respectively, so that they can issue a concept within a period of no more than ten business days.

On Tuesday, October 31, two other substantiating magistrates admitted two more claims of unconstitutionality presented at the time by a group of 13 lawyers, and by the forensic firm Estudio Jurídico Cedeño, of which were also transferred for a period of time. of 10 business days to also issue a concept to González and Caraballo.

The Judicial Branch recalled that, in accordance with the provisions of article 2564 of the Judicial Code for this type of process, once the file with the attorney’s opinion is returned, an edict will be published for three days in a newspaper of national circulation, so that within 10 business days (counted from the last publication) the plaintiff and all persons interested in the case present their arguments in writing through a lawyer.

Once the previous term has expired, the substantiating magistrate will examine all the documents that have been presented and will proceed to prepare a draft decision that will be submitted to the consideration of the magistrates that make up the Court, who may present observations and considerations that will be analyzed in a session of the full Court.

Meanwhile, citizen demonstrations have continued in the country, despite the announcements of a call for popular consultation on the permanence of the mine and the presentation of a bill that prohibits granting new concessions for the exploitation of metal mining.