Abel Barajas
Reform Agency
Wednesday, April 12, 2023 | 12:49
Mexico City.- The Supreme Court of Justice of the Nation (SCJN) turned to Minister Loretta Ortiz the constitutional controversy presented by the INAI against the veto of President Andrés López Obrador to the appointment of two commissioners in the organization.
“The file is turned over to Minister Loretta Ortiz Ahlf, so that she can instruct the respective procedure in accordance with the record that is kept for this purpose in the general undersecretary of agreements of this high court,” the list of agreements is notified this Wednesday.
Since last April 1, the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI) was left without a quorum, since it only has 4 of the 7 commissioners in plenary.
The foregoing, because since March 15 President Andrés López Obrador vetoed, under his legal powers, the election of Rafael Alviso Luna and Yadira Márquez as directors, who were elected two weeks earlier by qualified majority in the Senate.
The head of the Executive argued that the veto responded to the “rinsings” between his party, Morena, and Acción Nacional, during the selection process.
It was the first time that a federal President exercised his veto right in the appointment of INAI commissioners.
The INAI presented the constitutional controversy before the Court and now it will be up to Minister Ortiz to determine whether to suspend the presidential objection and allow the transparency body to meet with 4 commissioners.
The turn of this resource to the Minister does not mean that she will process it, since she must first agree if she admits the controversy or rejects it.
But even this decision, to admit or reject, will have to wait until next week, since Minister Ortiz is on vacation.
Yadira Alarcón presented an amparo against the President’s objection to her appointment and -in principle- got a judge to provisionally prevent the Senate from appointing a different commissioner; however, that ruling was revoked by a collegiate court. This litigation is ongoing.
Faced with the impossibility of meeting, the INAI announced today that it was going to suspend the deadlines established to resolve the files.
