Saraí Cervantes/ Reform Agency

Friday, February 10, 2023 | 06:49

CDMX.- The law that allows military control of airspace is unconstitutional and would duplicate functions, specialists warned.

The Plenary of the Chamber of Deputies approved on Wednesday the new law that would allow the Ministry of National Defense to monitor and protect Mexican airspace, but for Rogelio Ramírez, an air specialist, Article 129 of the Constitution is violated.

“It would be a violation, it cannot be taken lightly because the constitutional framework separates the civil authority from the military. It would be unconstitutional. A deep study is required,” he said.

And if this law advances, he warned, military control would only be administrative, because the operation of airspace must be governed by the international control system established by ICAO and the Chicago Convention.

Pablo Casas, also an air specialist, considered that in addition to the constitutional violation, functions would be duplicated.

“And we are not a warlike country like Israel, Russia or some Arab countries or that we are in a situation of war that implies an exception to the general rule,” he said.

Julio Zugasti, a senior associate at Hogan Lovells, stressed that if this law advances in the Senate and is subsequently published in the Official Gazette of the Federation (DOF), it could provoke challenges from different industry players.

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