The Third Chamber of the Supreme Court of Justice (SCJ) established that the National Institute for the Protection of Consumer Rights (proconsumedr) does not have the legal power to order compensation or reimbursement of the payment of a service by way of compensation for civil damages within the scope of a civil contract signed by the companies.
The jurisprudential criterion is contained in judgment no. SCJ-TS-22-0537dated May 31, 2022, which indicates that the public administration is prohibited from carrying out acts that have a jurisdictional nature and that for that reason have to be issued by the judges of the judicial order.
The decision of the Third Chamber casing judgment no. 0030-1642-2021-SSEN-00191dated June 4, 2021, issued by the Fourth Settlement Chamber of the Superior Administrative Court, containing a claim filed against the commercial company Compañía Panameña de Aviación, SA (COPA), and sends the matter to the Second Chamber of the Court Administrative Superior.
“The principle of administrative legality is one of the pillars on which contemporary administrative law is based, according to which the Constitution and the law define the powers of the bodies that exercise public power, to which the activities that perform. Therefore, the administration must be fully subject to the law and the law, so going beyond this fence constitutes an infraction that requires an amendment by the competent jurisdictional body or bodies,” the decision explains.
The ruling also adds that paragraph 1 of article 149 of our Magna Carta confers on the Judiciary the exclusive power to exercise the judicial function, defining it as the power to “decide on conflicts between natural or legal persons, in law private or public, in all kinds of processes, judging and executing what was judged. Its exercise corresponds to the courts and tribunals determined by law.
To fully access the judgment signed by Judges Manuel Alexis Read (President of the Chamber), Manuel R. Herrera Carbuccia, Moisés A. Ferrer Landrón, Anselmo Alejandro Bello and Rafael Vásquez Goico, please go to the following link: https://consultaglobal.blob.core.windows.net/documentos/beb1b8b1-538e-4d6a-bbc6-88dfe622aa50_FCG_PUB.pdf