Mexico: Supreme Court invalidates the decree that shielded AMLO’s priority works

The supreme court of Mexico invalidated this Thursday the decree of the president, Andres Manuel Lopez Obradorwhich declared its priority works as “National security”, reserved information and prevented any legal obstruction to stop them.

“The Court declared the agreement unconstitutional Executive power that declared works and projects as of public interest and national security, for violating the right of access to information”, reported the Supreme Court of Justice of the Nation (SCJN) after the ruling.

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The resolution, which was approved by a majority of eight ministers out of 11, stemmed from a constitutional controversy in the National Institute of Transparency, Access to Information and Protection of Personal Data (Inai).

With this ruling, the shield against protections and requests for information that the Mexican president had issued in November 2021 for his mega projects defined as “priority and strategic”.

Among them are the most controversial, such as the mayan train and the Dos Bocas Refineryin the Mexican southeast, and the Felipe Angeles International Airport for the country’s capital.

The presidential decree, signed by López Obrador, maintained that its publication allowed to continue “with the route aimed at promoting and consolidating the projects that will lead as a Nation to achieve economic growth and, with it, achieve social well-being”.

The minister rapporteur for this project, Juan Luis Gonzalezdetermined that this decree is unconstitutional, since it hinders and inhibits the rights of Mexicans such as access to information.

He added that the norm promoted by the Mexican president was broad and ambiguous, allowed the confidentiality of information for allegedly compromising national security, and left aside the supervision of the correct spending of public resources by citizens.

The minister Margarita Rios-Farjat He also opined that the agreement promotes an area of ​​legal uncertainty due to the breadth of its scope on the public procurement regime, nullifying the best practices.

In this same sense, the minister javier laynez He maintained that it is “very difficult or very naive” thinking that the term national security does not have an impact on transparency.

Against this determination, the ministers considered related to López Obrador, Arturo Zaldivar, loretta ortiz and yasmin esquivel.

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For his part, he Inaiwhich challenged this decree on December 10, 2021, celebrated this determination, although its full scope will be discussed in a new session scheduled for next Monday, May 22.

“The Court ruling safeguards the right of society to know and access all information related to the projects and works in charge of the Government”, he said in a statement.

This, the Inai added, will allow monitoring the development of public works and ensuring that spending is carried out effectively and efficiently.

Source: Elcomercio

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I am Jack Morton and I work in 24 News Recorder. I mostly cover world news and I have also authored 24 news recorder. I find this work highly interesting and it allows me to keep up with current events happening around the world.