Mexico City. The Supreme Court received the constitutional controversy that the majority of the advisors of the National Electoral Institute (INE) decided to file in the General Council to reverse the absolute powers that the Legislative Branch gave to the presidential advisor Guadalupe Taddei.
Six of the eleven councilors considered that these changes to article 45 of the General Law of Electoral Institutions and Procedures (Lgipe) are an invasion of the autonomy of the electoral authority and that it goes against the Constitution
The controversy submitted requests the Court to consider the legitimate interest of the directors, since the legislative changes represent an impact on the sphere of their powers, because the new powers allow Taddei to execute the assignment of holders of Technical Units and Executive Directorates without consider the General Council.
The Executive Secretariat was in charge of delivering the 131-page document, where the ministries state that the changes approved by a majority of the Legislative Branch through a secondary law referring to a judicial and non-electoral reform, are an invasion of the autonomy and collegiality of the INE.
“The Political Constitution of the United Mexican States establishes in its article 41 that the INE is an autonomous body, in charge of organizing elections and guaranteeing democracy in the country. This autonomy implies that its operation should not be subject to external influences, particularly from the Legislative or Executive Branch,” the controversy relates.
They also state that if the power to appoint directorates resides in a single person “there is a risk that a vision or criterion will be imposed that does not reflect the plurality that is required”, which affects the collegiality that distinguishes the INE as a collegiate body. since its creation.
“The effects of this concentration of power are not only normative, but have practical consequences that can affect public confidence in the electoral system. A body perceived as dependent on a central figure may face questions about its impartiality and legitimacy,” they explain.
In addition, they ask that the Supreme Court grant the suspension of these regulations, which imply an invasion of the sphere of competence of the INE, to “avoid further constitutional violations to the detriment of the sphere of competence of this Institute.”
Because it is an autonomous body, the dissatisfied ministries reproach that it represents a brake on any power that with its actions could disrupt or dismantle the organization or operation, which is why they ask that the intention of the intervention of the Legislative Branch be avoided.
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