SCJN asks the Senate to clarify omissions when appointing INAI commissioners

Mexico City., The Supreme Court of Justice of the Nation (SCJN) gave the Senate of the Republic a period of 20 business days to correct the omissions incurred by that legislative body regarding the appointment of three commissioners to the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI).

Through an agreement of the presidency of the Court, it was announced that on September 3, “the Senate was once again required to report on the actions it has taken to effectively comply with the provisions of the ruling issued” in constitutional controversy 2080/2023.

The country’s highest court “established a period of 20 business days, starting on the day after the notification of this agreement takes effect, for the Senate to send a certified copy of the corresponding records.”

The above is related to the ruling issued by the Court on October 2, 2023, when it determined that the Senate committed an omission due to the lack of designation of those who will occupy three positions of INAI commissioners.

The transparency body should be made up of seven commissioners, but currently only has four of its members: Blanca Lilia Ibarra, Norma Julieta del Río Venegas, Adrián Alcalá Méndez and Josefina Román Vergara.

In its 2023 resolution, it ordered that the INAI should have at least five commissioners to hold its Plenary sessions, and the Senate was ordered to carry out the vote within the ordinary session of the Congress of the Union that was taking place at that time – from September to December 2023 – to appoint those who would fill the vacancies arising from the conclusion of the assignment of commissioners Rosendoevgueni Monterrey Chepov and Francisco Javier Acuña Llamas.

Last August, the Court received a report from the Senate in which it was notified of the impossibility “of the legislative committees to present to the aforementioned Coordinating Board the list of candidates to occupy the position of INAI commissioner.”

This situation was also not resolved during the second recess period of the third year of the LXV Legislature, which is why a period of 20 working days was established for the Legislature to report on the steps taken to comply with the Court’s resolution.