Edward Murillo
Newspaper La Jornada
Monday, March 21, 2022, p. eleven
The Supreme Court of Justice of the Nation (SCJN) admitted for processing the constitutional controversy filed by the Chamber of Deputies against the agreement approved by the National Electoral Institute (INE), to prohibit the dissemination of the opinions of the President of the Republic and the official advertising, up to two months before the revocation of the mandate.
It is about the constitutional controversy 47/2022, promoted by the president of the board of directors of the Chamber of Deputies, Sergio Gutiérrez Luna (Morena), against the Agreement of the Complaints and Denunciations Commission of the National Electoral Institute, regarding the request to adopt precautionary measures, formulated by the National Action Party, against Andrés Manuel López Obrador, head of the federal Executive Power, for the dissemination of government propaganda in prohibited period
.
In the lawsuit, Gutiérrez Luna maintains that the INE agreement is unconstitutional, since it invades the powers of the Congress of the Union by making an interpretation without legal basis of the term government propaganda
and, based on this, apply sanctions and precautionary measures.
It adds that, with this, the INE violates citizens’ rights to free expression and access to information.
He argues that the SCJN already analyzed the constitutionality of the Federal Mandate Revocation Law, when resolving the unconstitutionality action 151/2021, last February, where this type of limit on government propaganda is not included.
The Chamber of Deputies asked the Supreme Court to suspend the application of the INE agreement, until the ministers resolve whether or not it is constitutional; however, this precautionary measure was denied.
The legislators also asked the SCJN to give priority attention to this controversy, so that it is resolved before April 10, the date on which the mandate revocation consultation will be held. The plenary of ministers, in a private session, will have to decide whether to agree to this request.
