Regrettable were the statements made by Reginaldo Sandoval Flores, Deputy of the Labor Party, president of the Infrastructure Commission of the H. Chamber of Deputieswho in full appearance before the H. Senate of the Republic, stated “why does a judge have to order us what to do? And if you accept (addressing the Senate), well, flatly, I am clear that you are already in charge there, and that You answer to that oligarchy that the Supreme Court represents…”.
These statements are derived from the final suspension granted by the Seventeenth District Judge in Administrative Matters in Mexico City, celina angelica Quintero Rico, before the appeal presented by the honorary citizen advisor Francisco Ciscomani Freaner, of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), to appoint the Commissioner missing, why is it legal requirement to have at least 5 Directors so that the full INAI can operate and issue its resolutions, At the moment there are only 4. Given this, the Judge ordered the Senate of the Republic to name the three pending commissioners.
Let us remember that, in our country, the Power of attorney has the power to order any other Power or Autonomous Constitutional Organization (OCA) to comply with the lawsand even of rremove from office those who refuse to comply with the mandates of the Law or a judge. This is the case, since the Senate has failed to name the missing INAI commissioners, with the consequences described above.
He INAI it’s a GOOSE in charge of guaranteeing right of access to public informationas well as protect personal data in Mexico. His advisers are appointed by the Senate, after public convocation. The Political Constitution of the United Mexican States (CPEUM) establishes that the acts and resolutions of the INAI can be challenged before the Supreme Court of Justice of the Nation (SCJN). The SCJN has the power to review the constitutionality and legality of said acts and resolutions. But, also, if it finds that the process for appointing directors has been carried out unconstitutionally or illegally, it can issue a sentence. ordering the Senate to conduct a new appointment process in accordance with constitutional and legal guidelines.
As we have pointed out in other columns, this faculty is part of the system of checks and balances, which seeks to guarantee the independence and correct functioning of the autonomous bodies, avoiding undue influence in their appointment and ensuring the protection of the fundamental rights of access to information and protection of personal data. That is why a Judge can order an entire Power, also, a Deputy, and, furthermore, following the process of Law, before a disrespectyou can also remove it.
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