In an interview, Remengesau said “there appears to be a constitutional conflict on whether the powers of the president through an Executive Order can override a legislative mandate.”
Earlier, President Johnson Toribiong issued an executive order implementing the $30 departure fee until March 8, 2010.Under the law the implementation of the green fee should have started April 1, 2009.However Executive Order No. 256, changed the date of the implementation. He said that the E.O. No. 256 does not set a “good precedent” because it allows a presidential E.O. to supersede the law.Remengesau said the law could be corrected by enactment of another law. He added that it is within the legislative’s powers to enact law, and “no E.O. should supersede the law.”He added that although there maybe technical difficulties in collecting the fee the actual date of the implementation may be remedied immediately by amendments into the law.The senator said the PAN fee is one of the country’s efforts to match pledges from international organizations when it comes to environmental protection initiatives such as the Micronesian Challenge and the PAN statute.“It would not be appropriate if we rely solely on the goodness of other’s people’s heart,” Remengesau said.
