Abel Barajas / Reform Agency
Monday, February 20, 2023 | 19:24
Mexico City.- Minister Yasmín Esquivel withdrew the draft sentence in which she had proposed to validate the new Organic Law of the Mexican Navy, which allows sailors to collaborate in other agencies and in the fight against crime.
During the plenary session of the Supreme Court of Justice of the Nation, this Monday Esquivel announced his decision to withdraw the proposal, although he did not specify whether the modifications would imply a change in the meaning of the project.
“Since in this matter, in this action of unconstitutionality 173/2021 I have received some observations from the ladies and gentlemen ministers, I would request that the matter be withdrawn in order to analyze them carefully,” said the Minister.
This action of unconstitutionality was promoted by Opposition deputies of the LXV Legislature of the Congress of the Union, against 12 sections of the norm published on October 14, 2021, which replaced the one that had been in force since 2002.
The original project of the Minister proposed endorsing the Navy personnel commission to any government agency and rejects that this means granting it a permanent presence in said institutions or their militarization.
“There is no intention to militarize the ports, since in terms of the aforementioned article 30, the Secretary of the Navy has a clearly administrative character in favor of the Republic and its population in general,” the document states.
“However, far from evidencing the foregoing, the concepts of invalidity are based on mere hypothetical assumptions or possibilities, which prevent this Full Court from conducting a constitutionality study.”
It also rejects that there is an overflow in the competence of the Navy, due to the fact that this rule grants it the power to combat “any other illegal” in the naval zones.
Likewise, it denies that there are legal loopholes regarding the powers of the Naval Intelligence Unit, as well as a generic and ambiguous regulation regarding its information collection, processing, dissemination and exploitation activities.
Esquivel points out that these questions from the deputies, who consider that they open the door to the discretion of the sailors, “are based on incorrect interpretations of the principle of legality and the Organic Law of the Navy.”
To invalidate the sections fought by the legislators, the vote of 8 of the 11 ministers is necessary.
President Andrés Manuel López Obrador has handed over to the Navy control of maritime customs, the Mexico City International Airport, the Trans-Isthmian Train and other functions that require naval personnel to be seconded to other areas of the Government.
