87
f)
the Supreme Court declared the unconstitutionality of one part of Law
25, but it did not invalidate the judgments handed down in compliance with
such part of the law as was declared unconstitutional.
Arguments of the State
118.
that:
For its part, the State argued, concerning Articles 8 and 25 of the Convention,
a)
the 270 public servants whose appointments were declared non
subsistent had the opportunity to contest, in the administrative domain, the
declarations of termination of employment. They should have filed the
reconsideration remedy with the authority that made the decision, and the
appeal remedy with the superior authority;
b)
in the administrative proceedings that correspond to the governmental
domain, which start with the filing of a reconsideration remedy, the claimant
had the opportunity to set forth and contribute items of evidence in support of
her or his cause. The reconsideration remedies rejected in the administrative
domain could be revised by the Third Section of the Supreme Court;
c)
the procedural rights were always respected.
The petitioners
intervened in proceedings established against the State;
they offered
evidence, exercised their right to the respective remedies, and even brought
an action of unconstitutionality;
d)
in alleging inefficacy of the remedies, the Commission did not prove
that they were rejected without having examined their validity. The fact that
an internal recourse does not generate a favourable result for the claimant
does not prove the absence or exhaustion of the remedies;
e)
the unconstitutionality remedy is not ineffective for having failed to
take into account factual considerations;
f)
the Supreme Court cannot, in a judgment of unconstitutionality, order
the reinstatement of dismissed officials or the payment of unpaid salaries; it
can declare only whether or not a legal rule is unconstitutional.
The
annulment of the actions performed under the “paragraph” of Article 2 of Law
25, which was declared unconstitutional, should have been pursued through
an administrative conflicts proceeding, not through an unconstitutionality
remedy;
g)
the rules of the due process and the consequent judicial guarantees
were complied with in Panama. Law 25 allowed the workers to appear before
a previously-constituted court, and afforded them access to the highest court
of the Republic, the Supreme Court;
h)
the petitioners benefited from the legal due process, they had the right
to be heard by a court that had been previously established by the law, and
the possibility to file applications with a competent, independent and impartial
court;
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