The plenary session of the Supreme Court of Justice of the Nation (SCJN) will discuss this Monday, April 4, whether or not the Austerity Law promoted by President Andrés Manuel López Obrador and approved in 2019 in the Congress of the Union by legislators from Brunette and legislative allies.
One of the important items contained in this challenged law is the prohibition so that former senior officials cannot be employed in the Private initiative up to 10 years after completion of the order.
“Public servants included in the hierarchical groups of superior command (…) may not hold positions in companies that they have supervised, regulated or with respect to which they have had privileged information in the exercise of their public office, unless at least 10 years,” he determines.
The minister Norma Lucia Pineapple He will present this Monday to the plenary session of the Supreme Court a draft resolution on the unconstitutionality action 139/2019, promoted by senators Miguel Ángel Osorio Chong, Dante Alfonso Delgado, Miguel Ángel Mancera and Emilio Álvarez Icaza.
Likewise, the Federal Economic Competition Commission (Coffee) presented on January 17, 2020 the constitutional controversy 6/2020 in relation to the publication in the Official Gazette of the Federation of the decree issuing the Federal Republican Austerity Law; and various provisions of the General Law of Administrative Responsibilities and the Federal Law of Budget and Treasury Responsibility, published on November 19, 2019, are reformed and added.
In February of this year, the Second Judge of the Auxiliary Center of the First Region, Abel Méndez Corona declared that it is unconstitutional, “unfair and excessive” to impose a 10-year restriction on former public employees, because it goes against the right to freedom to work protected by the Mexican Constitution. He even resolved that the Congress of the Union did not have the power to issue the Federal Republican Austerity Law.
The Coffee requested the Court to invalidate articles 1; 4, fraction I; 5; 16, section IV; twenty; 22 and 24, second paragraph and the Second Transitory of the Law.
Minister Arturo Zaldívar Lelo de Larrea reported that this April 4 the constitutionality or otherwise of the Federal Republican Austerity Law will be discussed in plenary session.
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