rolando herrera
Reform Agency
Wednesday, April 12, 2023 | 2:18 p.m.
Mexico City.- The Presidency of the Republic and the Ministry of the Interior presented, each on their own, a complaint appeal against the provisional suspension granted on March 29 to Ana Yadira Alarcón Márquez, so that the Senate does not carry out the appointment of an INAI commissioner.
The briefs were presented by the head of the Deputy Ministry of Constitutional Control and Litigation of the Legal Department of the Federal Executive, and by the head of the General Director of Constitutional Procedures of the Ministry of the Interior.
The contested act is the suspension that the Eighth District Court for Administrative Matters of Mexico City granted to Alarcón Márquez and that prevents the Senate from filling one of the two vacancies that the INAI has since April 2022.
Among the grievances that Alarcón Márquez asserted in his request for amparo is the objection of President Andrés Manuel López Obrador to his appointment, despite the fact that it is an attribution of the head of the Executive branch established in the Constitution.
So far, the Senate of the Republic, which is directly affected by the suspension, has not filed any appeal.
On March 1, the Senate appointed Alarcón Márquez and Rafael Luna Alviso as INAI commissioners; however, on March 15, using his constitutional authority, López Obrador objected to the appointments, forcing the Senate to make a new appointment.
The two applicants filed amparo claims, Alarcón Márquez’s was admitted and got a suspension, while Luna Alviso’s was rejected, however, he filed a complaint that has not yet been resolved.
In the case of Alarcón Márquez, she not only invoked the President’s objection as a grievance, but also the call made by the Senate this year to fill the vacancy of Francisco Javier Acuña, despite the fact that she did not participate in this process.
“I claim the issuance of the Calls dated March 16, 2023, through which the public is invited to issue an opinion regarding the candidates to hold the position of INAI Commissioner, which were published in the Gaceta del Senate of the Republic on the following March 16 and 17,” he said in his letter.
