The unconstitutionality of the presidential agreement to shield priority public works opens the door to undertake a “wave of protection” from the citizens, for violating human rights, violating the rule of law and executing direct assignments of works bypassing the law of contracts with illegality and impunity, warned finance executives, lawyers and employers in Mexico.
“There cannot be anything or anyone above the law; nor can there be any legal or regulatory provision that violates human rights, “established José Medina Mora, president of the Employers’ Confederation of the Mexican Republic (Coparmex) in the forum Actions to Safeguard Your Rights, containment of the presidential agreement on public works, organized by Guardians of the Constitution (civil society organizations)
A few days ago, President Andrés Manuel López Obrador published an agreement to shield his public works (the Mayan Train, Santa Lucía Airport or the Dos Bocas Refinery, among many other projects), under the national security scheme and to avoid public tenders , which causes unequal treatment and undermines the transparency of public resources.
The Mexican legal profession explained that one of the factors to file amparos is that the agreement violates the division of powers, by imposing an agreement of “very low hierarchical level” on the Constitution, international treaties, laws and special regulations, as well as well as the laws of work contracting, in terms of economic competition, which causes unfair competition.
Moisés Castro Pizaña, president of the Board of Directors of the National Association of Business Lawyers, Bar Association (ANADE), commented that actions of unconstitutionality could be promoted, including, “it could be questioned by minorities in the chambers of deputies and senators , that they do not agree, because they consider that this violates the Constitution “.
He added, what is being promoted with this agreement, in these terms, is that they want to skip any constitutional route that should have any modification or impact on a determination of this magnitude, how is it that federal government projects are excluded from the review that these projects must have because the law.
The president of the Board of Directors of the Mexican Bar Association, Claudia de Buen, pointed out, in the face of unfair competition, the amparo could proceed from two perspectives: one, when the agreement is published, an amparo can be filed during the 30 days next; and the other way is the assignment of works, which eludes the law of contracts and works.
Those people who feel that they have been affected in one way or another with this agreement, that is, by the issue of unfair competition, because they are going to choose by hand, who is going to carry out these works and not Whoever has the best offer or is the best qualified for it, then yes, I believe that we are going to be inundated with protection ”, warned the leader of the Bar Association.
During the first analysis table attended by Coparmex, the Mexican Institute of Finance Executives (IMEF), ANADE, the Board of Directors of the Mexican Bar Association, specialists from the National Autonomous University of Mexico (UNAM) and the Observatory National for the Respect and Compliance of the Constitution, closed ranks to save human rights and contain that agreement of President Andrés Manuel López Obrador in the face of unconstitutionality.
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Reference-www.eleconomista.com.mx