The administrative reform initiative, sent by President Andrés Manuel López Obrador to Congress on March 28, ensures that it is intended to promote the strengthening of the federal public administration through the grouping of parastatal entities; reintegration to the federal dependencies of the patrimony of these entities when they have been created unjustifiably; establish the validity of the assignment of movable and immovable property and public services to parastatal entities for an indefinite period. However, company lawyers consulted by El Economista point out that these changes to the legal framework could create an exception regime.
Specifically, through the initiative sent to Congress, it seeks to expand the possibilities of sectorization of parastatal entities, through reform of the organic law of the Federal Public Administration.
It also proposes to reform the federal Law of Parastatal Entities to create the figure of integration and reintegration in order that the Ministry of Finance can propose the transfer of personnel and financial and material resources to the dependencies of the federal public administration of organizations decentralized funds, trusts or parastatal companies, which according to the initiative “were created to replace functions that were actually inherent to the centralized public administration.
It also raises the recovery of real estate by administrative means; incorporate the “principle of trust in the public sector” to carry out works and services; the assignment for an indefinite period of time for the provision of public services to parastatal entities and the possibility of granting advance payments of more than 50% in the acquisition of medical equipment; for national security or public safety, as well as machinery for the development and maintenance of infrastructure.
In this regard, the lawyer Antonio García Durán draws attention to the fact that they intend to expand the margins for the granting of advances, but without establishing a maximum limit. “That does worry me.”
Remember that it is currently in these areas where irregularities in spending occur. In addition, the way in which the advances will be delivered is discretionary.
It also highlights that the initiative intends to make changes to the Public Works Law to exempt compliance with obtaining licenses for the start of work, which is serious, as happened with the start of the new airport for Mexico City and the Train Maya, where the works started without having the environmental impact statements, for example.
He emphasizes that the argument that the initiative points out is that this would apply when there is a notorious and evident urgency, due to priority for the exercise of social rights and economic development of the country, which is very subjective.
The Holland & Knight law firm points out that an exemption regime from compliance with laws and regulations could be created for priority infrastructure projects and of notorious and urgent need for the social and economic development of the country, as well as for national defense and security. , which, says the initiative, “can be done quickly and immediately.”
