KOROR, Palau — The Olbiil Era Kelulau (OEK) has introduced a bill aimed at codifying the structure of the Executive Branch and clarifying the roles and appointment processes of key national officers, citing the need for clear lines of authority and a stronger adherence to the constitutional separation of powers.
Senate Bill No. 12-24, introduced during the OEK’s Second Regular Session in April 2025, asserts the legislature’s exclusive authority to establish or modify executive agencies, ministries, and offices — reaffirming that such powers are not solely within the purview of the President unless specifically provided by law.
The legislation would amend Title 2 of the Palau National Code to create a new chapter establishing definitions and responsibilities within the executive hierarchy, including Ministers, Directors, and Chiefs who lead Ministries, Bureaus, and Divisions, respectively.
“Where a new law assigns duties to the Executive Branch without specifying the implementing agency, the President may delegate those responsibilities to existing offices,” the bill states. However, any structural creation, dissolution, or change in mission for Ministries, Bureaus, or Divisions would require legislative approval.
The proposed legislation also outlines which positions qualify as National Officers — specifically those with regulatory authority, final policy-making power, or direct reporting lines to the President outside his immediate office. These roles would require Senate advice and consent prior to appointment.
In an effort to safeguard checks and balances, the bill provides legal recourse to officials facing pressure for refusing to follow unlawful directives, allowing them to seek injunctive relief and compensation through the courts.
The bill does not restrict the President from creating ad hoc or advisory bodies that lack decision-making authority, nor does it prevent internal reorganization within Ministries, Bureaus, or Divisions. But it emphasizes that any meaningful restructuring or granting of policy authority must follow established legislative procedures.
If enacted, the bill would take effect upon presidential approval or become law without such approval under standard constitutional timelines.
Lawmakers say the legislation is necessary to uphold institutional integrity and clarify roles to avoid confusion or overreach in government functions. It reflects an ongoing commitment to transparency, accountability, and respect for constitutional governance. (By: L.N. Reklai)