The challenge to Guadalupe Taddei’s powers reaches the Court

Lilian Hernández and Fabiola Martínez

La Jornada Newspaper
Friday, November 22, 2024, p. 10

The Supreme Court of Justice of the Nation (SCJN) received the constitutional controversy lawsuit that the majority of the members of the General Council of the National Electoral Institute (INE) decided to file to reverse the absolute powers that the Legislative Branch granted to the president advisor, Guadalupe Taddei, on October 14.

Six of the 11 councilors considered that these changes to article 45 of the General Law of Electoral Institutions and Procedures are an invasion of the autonomy of the electoral authority and go against the Constitution, since they exclude the General Council, which is the highest body. of the institute, to participate in the appointment of its governing body.

Legitimate interest

The appeal asks the Court to consider the legitimate interest of the directors, since the new powers allow Taddei to appoint heads of technical units and executive directorates without considering the General Council.

The councilors demand the suspension of the contested regulations and declare their nullity, invalidity and unconstitutionality. The executive secretary delivered the 131-page document.

They allege that article 41 of the constitution states 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 lawsuit also states that, if the power to designate addresses 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 has distinguished the INE 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 legitimacythey expose.