Unanimously, the plenary session of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) agreed to file a constitutional dispute before the Supreme Court of Justice of the Nation (SCJN) against the presidential agreement by which the priority works will have provisional permits and will be classified as national security.
The commissioners considered that the decree of President Andrés Manuel López Obrador, published on November 22, violates the rights of transparency because it hinders the dissemination and delivery of information.
During wednesday’s public session, the presiding commissioner, Blanca Lilia Ibarra, detailed the arguments for presenting such an appeal.
He pointed out that since the agreement was issued, the Institute has focused on reviewing its implications in terms of transparency and access to information, so, with the support of the technical areas of the INAI, they determined “a series of probable vices of unconstitutionality that it is pertinent to raise to the consideration of our highest court” to carry out the analysis of its compatibility with the Magna Carta.
“In our opinion, the agreement in question translates into an obstacle to the application of the principle of maximum publicity, insofar as it hinders the dissemination and delivery of information related to infrastructure projects without opening the possibility of making a case-by-case assessment, which is directly related to the scope of competence of INAI”, Said.
The Plenary of the INAI unanimously agreed to file a Constitutional Controversy before the @SCJN against the AGREEMENT that determines infrastructure works of the Federal Government as national security, published in the @DOF_SEGOB on November 22, 2021. pic.twitter.com/xxwDh07t6b
— INAI (@INAImexico) December 8, 2021
He recalled that article six, paragraph a, first section, of the Constitution provides that all information, in the possession of any obligated subject, is public and may only be temporarily reserved for reasons of public interest and national security, in the terms established by law.
Commissioner Francisco Acuña pointed out that they are not, in this case, controverting the facet of authority that the head of the Federal Executive has as head of the Mexican State.
Senate cannot challenge AMLO’s decree
The Senate cannot promote a constitutional controversy against the agreement of President Andrés Manuel López Obrador that declares as a matter of national security the infrastructure works built by the federal government, said yesterday the president of the Board of Directors, Olga Sánchez Cordero
In his Twitter account, he explained that “according to the criteria of the Supreme Court of Justice (SCJN) it is concluded that the Senate lacks a legitimate interest to promote a constitutional controversy against the president’s agreement.”
Read: AMLO’s agreement on priority works unconstitutional, illegal and opaque: specialists
This after 53 opposition senators asked Sánchez Cordero to present the challenge to the Court.
Agreement on priority works published
On November 22, the federal government published a decree by which priority projects and works will have provisional permits and will be classified as national security.
The agreement published in the Official Gazette of the Federation (DOF) orders agencies to grant the necessary permits to start projects or works that are considered a priority for the government.
This, to “guarantee its timely execution, the expected social benefit and the exercise of the authorized budgets”, according to the second article of the published agreement.
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