La Cofece presents constitutional controversy due to lack of 3 commissioners

The Federal Economic Competition Commission (Cofece) filed before the Supreme Court of Justice of the Nation (SCJN) a constitutional controversy due to the omission of the head of the Federal Executive Branch to send to the Senate of the Republic the shortlists to fill three vacancies of commissioners.

The appeal was received by the SCJN on December 6, and was filed by the Presiding Commissioner of the Federal Commission on Economic Competition, Brenda Gisela Hernández Ramírez, against the Federal Executive Power.

The file was turned over to the Minister who corresponds as instructor of the procedure in accordance with the registry that for this purpose is kept in the General Sub-Secretariat of Agreements of the High Court.

Given the nature and importance of this constitutional procedure, the days and hours that are required to carry out the notifications of this provision are enabled, ”it is detailed.

In the appeal of controversy 207/2021, the president of the Cofece argued omissions on the part of the head of the federal Executive Power, that prevent the body from operating properly, since it cannot make decisions by qualified majority as required by law.

It should be noted that the Cofece In March of this year, it notified the Legal Counsel of the Presidency of the Republic and the Senate of the three vacancies, so the process to appoint commissioners has not started since then.

Last September presented his resignation to Cofece, the commissioner Alejandra Palacios; she had two years left in office.

As candidates for vacancies are mentioned: Francisco Eleazar Castillo Cerdas, Juan Manuel Espino, Armando Cuauhtémoc González Palacios, Andrea Marvan Saltiel Y Luis Horacio Reyes de la Rosa.

The plenary session of Cofece is made up of seven Commissioners, including the President Commissioner. Each of them arises from a selection process in which an Evaluation Committee – made up of the holders of the Bank of Mexico, the National Institute for the Evaluation of Education and the National Institute of Statistics and Geography—, examines and qualifies the technical capacities of aspiring Commissioners. Based on their results, they are selected by the Head of the Federal Executive and ratified by the Senate of the Republic.

The plenary session is currently made up of Brenda Gisela Hernández Ramírez; Alejandro Faya Rodriguez; Jose Eduardo Mendoza Contreras Y Ana Maria Reséndiz Mora.