The Supreme Court of Justice of the Nation (SCJN) validated the figure of the superdelegates as a liaison between the secretaries of State and the state governments, after resolving an action of unconstitutionality.
By six votes to five, the ministers declared unfounded the action presented by opposition legislators, following the changes made to the Organic Law of the Federal Public Administration, reformed by two decrees in November 2018.
Judge Loretta Ortiz Ahlf, whose vote untied the discussion, pointed out that this figure “does not transgress the constitutional principle of federalism,” and ruled for its validity “since there is certainty about the scope of its powers.”
Days earlier, the Plenary of the Court had analyzed the action and validated the process that gave rise to the reforms.
It also validated articles 30 Bis, sections XIV, XVII, XVIII, XIX and XXI, which provide for the powers of superdelegates in matters of national security, considering that “there is a wide freedom of legislative configuration for the distribution of business of the administrative order among the various secretariats.”
Among the other articles validated by the Court is Article 31, sections XXV and XXVI, which attributes to the Ministry of Finance the powers to plan, establish and conduct public procurement policy, considering that there is no obligation to concentrate in a single order, all the provisions on the subject.
In addition, the Court ruled out an undue concentration of powers, so it also granted validity to articles 27, section III, 31, section XXII and 43, section VII, second paragraph.
The superdelegates are in charge of promoting the social plans and programs of the government of Andrés Manuel López Obrador.
The superdelegates, who have been deployed in all states, must report directly to the General Coordinator of Development Programs, which in turn, is under the command of the Executive, through the Office of the President.
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