The Court allows the plenary session of the INAI to meet provisionally with less than five commissioners
The Plenary Session of the Supreme Court of Justice of the Nation (SCJN) has given a resolution in favor of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), declaring the unconstitutionality of the omission of the Senate of the Republic in the appointment of commissioners for the aforementioned Institute. This determination arose from the analysis of a challenge presented by the INAI, which indicated the omission as a violation of a mandatory power by the Senate, regarding the designation of three vacant commissioners.
Among the general considerations that supported this resolution is the constitutional provision that mandates the integration of the body that guarantees transparency with seven commissioners. Likewise, it was highlighted that, derived from an interpretation of the Federal Constitution and the General Law of Transparency and Access to Public Information, the Senate has a period of 60 days prior to the generation of a vacancy to make the corresponding appointment, a period that has been exceeded. The lack of these designations has interfered with the proper integration and functioning of the INAI, affecting its autonomy.
Without transparency there is no electoral justice: Inai
In view of the above, the Court has authorized the Plenary of the INAI so that, provisionally, it may meet with less than five commissioners present, as long as it does so in a collegial manner and in accordance with the principles provided for in the Federal Transparency Law. and Access to Public Information. Furthermore, they may resolve by simple majority, and if necessary, with the casting vote of whoever holds the presidency of the INAI.
Likewise, the Senate of the Republic was ordered to, within the current regular period of sessions, proceed with the vote to designate the commissioners who will fill the vacancies, specifically those left by commissioners Rosendoevgueni Monterrey Chepov and Francisco Javier Acuña Llamas.
Once again they order to complete the Inai
This resolution was issued in the constitutional controversy 280/2023, promoted by the INAI against the Chamber of Senators of the Congress of the Union, demanding the invalidity of the omission of the appointment of the commissioners, in accordance with article 6 of the constitution. Minister Juan Luis González Alcántara Carrancá served as rapporteur on this resolution, with the secretarial support of Daniela Carrasco Berge and Juan Carlos Salamanca Vázquez.
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