If this scenario were reached, only four out of seven commissioners would remain, and with this, they would not have a quorum to meet or to issue resolutions, which could violate the constitutional rights that the Institute protects.
That is why the legal director of the Inai, Gonzalo Sánchez de Tagle, explained that a suspension will also be promoted, so that the full Institute is not disabled from sitting.
Commissioner President Blanca Lilia Ibarra stressed that this activation of the “constitutional defense mechanism” seeks to ensure that the INAI does not become inoperative, can fully function and thereby protect the rights of access to information and protection of personal data of Mexicans.
“Inai’s door is not closed, we simply could not resolve the appeals,” said Commissioner Norma Julieta Venegas, who stressed that the Institute resolved some 94,000 disputes in 2022 due to refusals to make information transparent.
He also stressed that the Inai coordinates the National Transparency System, which is made up of the Superior Audit of the Federation, the National Institute of Statistics and Geography (Inegi) and the General Archive of the Nation (AGN).
The commissioners Josefina Román and Adrián Alcalá stressed that the INAI will remain in its functions, “we will not stop working for a single day,” said the second.
The still commissioner Francisco Javier Acuña, who concludes his duties at the end of the month, said that the decision to go to the SCJN is preventive, to avoid “spinal cord paralysis” or “substantive ineffectiveness” since he could not issue resolutions.
Commissioners Oscar Guerra and Rosendo Monterrey concluded their terms in April 2022 and since then there have been two vacant seats, but when Acuña left there would be three empty seats.
