Jorge Ricardo / Reform Agency
Wednesday, November 24, 2021 | 22:07
Mexico City.- The decree of President López Obrador to declare all his works as national security seeks to create “a state of exception” or give a blank letter that allows him to circumvent the law, lawyers specialized in administrative law assured.
Doctor of Law José Roldán Xopa and Master Darío Ángeles warned of the seriousness of all the works being considered national security, which will prevent access to information, but said that the instruction for all agencies is even more serious. and public entities grant provisional authorization in a maximum of five days and with a duration of one year to start the projects and works, even without having the requirements.
“This seeks an exception regime in administrative procedures, because all work requires licenses, permits and authorization that are more or less complicated, more or less long, more or less technical, but with the agreement what is sought is to ignore them and order give authorizations in less than five days, “said Darío Ángeles.
“It is to give a blank letter for the works of the Government,” he stressed.
The professor at the Monterrey Free Law School exemplified that works such as the Mayan Train require an environmental impact study, consultations between communities and the publication of agreements to receive disagreements, but everything would be suspended with provisional authorization.
“That something is national security means that it has a special and exceptional differentiated treatment,” said José Roldán Xopa, a member of the Center for Economic Research and Teaching.
“What the president does is that he establishes a special treatment for his authorizations and for the start of works,” he added.
The two lawyers agreed that, since they are considered works of national security and public interest, all information may be secret or reserved, contracts could be awarded directly and judges could deny suspensions when there are amparos.
Roldán Xopa and Darío Ángeles affirmed that the determination to ignore the requirements to authorize a work are not provided for in the law, so this agreement or decree is easily challenged even through an amparo, although they did not rule out that the president has given the order for the highest number of permits to be delivered while the validity of his decree is resolved.
For her part, Karla Kalycho, a lawyer for the Los Tres Barrios de Campeche Collective, which prevented the eviction of residents of Campeche through which the Mayan Train will pass, highlighted the seriousness of the fact that, since they are considered works of national security, the judges deny the suspension provisional of the works while the merits of the matter are resolved.
“There are many cases where the suspension is necessary, for example, in the evictions of the city of Campeche where fortunately the relocation of the roads was achieved. There an important tool that served was the suspension, there would have been no suspension. Most likely not the roads would have been modified and people would have been evicted and forced to leave their homes, “he said.