The National Commission of the National Transparency System (SNT) announced that it is working on a proposal for guidelines that seeks to appoint an executive secretary of said body to perform the functions of a commissioner, so that no body , national or state, may become inoperative.
Salvador Romero Espinosa, president commissioner of the Jalisco Transparency Institute, explained during a press conference —where the SNT called on the Senate to name the missing INAI commissioners— that the Legal Commission of the System will be convened of Transparency for the coming week, in order to know a proposal of guidelines for the operation of the 33 organizations that guarantee transparency in the country.
The new guidelines propose that when any of the 33 guarantor agencies or transparency institutes do not have enough commissioners to hold sessions, either due to absences of more than 30 days or permanent absences, the functions of an Executive Secretary of the body itself be elevated. guarantor to ensure its proper functioning.
“In these guidelines it is being proposed that when any of the 33 guarantor agencies or transparency institutes in the country does not have enough members to be able to hold a valid session, either due to temporary absences greater than 30 days or due to permanent absences, it will be raised by ministry of law the functions of the commissioner or commissioner to the executive secretary of the guarantor body itself”, said Romero Espinosa.
He pointed out that, in this way, when any state or federal legislative power fails to comply with the Constitution, or due to judicialization, a commissioner or commissioner could not be appointed to complete the plenary session, an executive secretary or rapporteur would rise, provisionally , as long as it is properly integrated.
Legal framework
On the other hand, it indicated that the National Commission of the SNT considers that this does not violate the Constitution, since there is no express prohibition in the Magna Carta and it is also provided for in other regulatory bodies, such as the Organic Law of the Judiciary of the Federation, in agreements of the Council of the Judiciary or states of the Republic, such as Colima, where this figure is exposed in the law.
For her part, Guadalupe Ramírez Peña, commissioner of the guarantor body of the State of Mexico, pointed out that beyond this plan B, the National Commission must continue supporting to achieve the appointment of the three missing commissioners as soon as possible, since the main for all it is that there are commissioners, because if the INAI disappears, the state organisms will disappear.
Ramírez Peña added that the transparency bodies cannot be in charge of a Secretary of State, since they are autonomous bodies and could not freely exercise the resolutions to respond to the requests made.
The foregoing after it was proposed in the Congress of the Union that the Ministry of Public Function attract the functions of the Inai and that it disappear.
