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February 17, 2022
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The validity of the austerity law, in the hands of the Court

Adjustments in 44% of the first circle of the President

Edward Murillo

Newspaper La Jornada
Thursday, February 17, 2022, p. 4

The Supreme Court of Justice of the Nation (SCJN) will have the last word on the validity of the Federal Law of Republican Austerity (LFAR), including the prohibition so that former senior officials cannot be employed in companies that they have supervised or regulated, up to 10 years after having left the public service, as stated by Minister President Arturo Zaldívar.

Commenting on the ruling that the federal court issued the day before, which considered this rule unconstitutional, Zaldívar recalled that the SCJN will soon resolve an action of unconstitutionality that will establish a definitive criterion on the subject.

The judge did so in the exercise of his powers and the Court will decide whether the law is constitutional or not. The judge issued the resolution that he had to dictate according to the matter that he had to resolve, but that does not affect what the Court resolves.

He explained that what will happen is that the federal government will surely file an appeal for review so that the SCJN issues an agreement suspending all pending lawsuits against the LFAR, until the ministers resolve said action of unconstitutionality.

The LFAR seeks to avoid the practice known as revolving doorwhere former officials used to obtain high positions in the companies they were in charge of monitoring, and then even returned to the high bureaucracy.

In the plenary session of the highest court, the unconstitutionality action 139/2019, whose project was presented by Minister Norma Lucía Piña Hernández, was already listed for voting.

This is the constitutional trial promoted by opposition senators, who also challenge the limits to the benefits of the high bureaucracy, contained in the General Administrative Responsibilities and Federal Budget and Treasury Responsibility laws.

Against the LFAR, at least 6,900 amparos were filed, several of them collective. The volume of trials meant that the Federal Judiciary Council had to concentrate these matters in two courts.

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