translated from Spanish: Can AMLO perform an inquiry on the new airport?

this Friday, the President-elect, Obrador Andrés Manuel López, announced that the future of the work of the new airport of Mexico (NAIM) will be decided through a public inquiry, but what say the Constitution and the laws on the request? Under what conditions is it you can do?
Read: The future of the new airport of Mexico will be decided by consultation in October: AMLO in press conference, accompanied by Javier Jiménez Espriú, who would be the owner of the Secretariat of communications and transport, Lopez Obrador explained that once the people know the information about the pros and cons of the work in Texcoco and the construction of two tracks in the Santa Lucia military base will be “a direct consultation or a survey” at the end of October. The result of this will be binding, i.e., citizens will decide what will happen with the work.
The Federal referendum Act, article 4 defines this exercise as “the participation mechanism by which citizens exercise their right, through the vote cast by which express his opinion with respect to one or more topics of importance national”.
Article 5 of the same Act raises that only issues of “national importance” will be voted on by a query, the significance of these “will be qualified by a majority of legislators present in each Chamber”.
Read: There are irregularities by 835 million pesos in the works of the new airport only in 2015: ASF carrying out a public consultation is not as simple as the President-elect, raises it for certain conditions must be met.
Who can request a referendum?
The Constitution proposes in its article 35 that the popular consultations: “must be called by the Congress of the Union at the request of the President of the Republic; the equivalent to 33% of the members of any of the Chambers of the Congress of the Union; or citizens in a number equivalent to at least 2% of those enrolled in the nominal list of voters, in the terms to be determined by the law”.
Can AMLO convened a consultation in October?
As President-elect, Lopez Obrador has no faculty to convene a public consultation to the Congress of the Union that has validity, the only one able to apply for it now would be the current President Enrique Peña Nieto.
Who is responsible for organising it?
The same article 35 stipulates that the National Electoral Institute should be responsible for “the Organization, development, computation and Declaration of results” of any public consultation, that this should be done the same day as a federal election day.
Read: Seven risks and problems facing the construction of the new airport of the CDMX last July the directors of the National Electoral Institute (INE) considered “unviable” organize, at least in the remainder of 2018, citizen on the NAIM-query.
After the pronouncement of the INE on the infeasibility of the consultation, López Obrador said that with or without the support of the electoral body would conduct the inquiry.
A few weeks ago, Benito Nacif, Director of the INE, said that the electoral body would be willing to collaborate with Lopez Obrador in case of query “always and when it is attached to the provisions of the law”, he added, the issue would be possible until 2021 , year in which intermediate elections.
Citizens really can decide what will happen with the work?
The result of the inquiry if it can be decisive.
The law indicates that the only result of the query will be “binding for the Federal Executive and legislative branches as well as the competent authorities, where appropriate the total participation, at least 45% of the citizens on the nominal list of” voters”.
On July 24, Lopez Obrador pointed out that consultation could be organized by INE or any organization of civil society. However, its results would only be valid and binding if it is organized by the INE.

Original source in Spanish

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