He Governor Samuel Garcia wrong way when asking the State Electoral Institute (IEE) for a referendum, so that the people of Nuevo Leon define whether it is correct or not to be excluded from the process of designation of the Attorney General of Justice.
Pursuant to what is established in Article 59 of the state Constitution, consultations are requested before the local Congress and, if it validates them, it sends them to the IEE to organize and execute them, consulted lawyers agreed.
“They cannot bypass the Constitution and go to request the consultation to the Electoral Institute”pointed out a litigant, “the bases are in the Constitution and that is not how it works.
“The first instance to request that is Congress, that’s where he should have gone… In short, he took the wrong path, he made a mistake.”
García seeks a referendum on the reform approved by the Legislative to Article 159 of the Constitutionwith which the power to veto one of the four candidates that the Congress will refer you to the Attorney General of Justice.
For this, the Governor He argues that the reform should be consulted as it is a matter of importance for the State.
According to lawyers, the legal modification impacts the Executive, but not the population.
“The importance is not proven either,” said a lawyer, “because it is about maintaining a power that belongs to the Executive and there is no general impact on it.”
In addition, another lawyer clarified that articles of “laws or regulations” can be submitted to a referendum, but not of the Constitution, as would be the case.
Even, in the letter that he sent to the IEE on Wednesday, the Executive argues that the reform was approved in the first round on February 21, but in reality it was voted on December 21.
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