The Supreme Court of Justice of the Nation (SCJN) postponed until next Monday the decision on whether to validate the figure of superdelegates created by the Congress of the Union, or dismiss the action of unconstitutionality promoted against by opposition legislators. In either case, the 32 “welfare delegates” may continue in office and with the functions entrusted by President Andrés Manuel López Obrador.
In the plenary session of the Court last Tuesday, five ministers voted in favor of validating article 17 of the Organic Law of the Federal Public Administration (where the figure of state delegations was established) and five voted against.
Ministers Arturo Zaldívar voted in favor of endorsing the norm; Yasmin Esquivel Mossa; Ana Margarita Ríos Farjat; Alberto Pérez Dayán and Javier Laynez Potisek. Minister Loretta Ortiz was not present at the session due to an official commission.
Given this, the president of the supreme courtArturo Zaldívar, indicated that said vote did not reach the eight votes required to invalidate the norm, so they would wait for Minister Ortiz, so that her vote determines whether the norm is declared valid or the unconstitutionality action that opposition senators and deputies presented.
In next Monday’s session, the plenary session will request Minister Ortiz’s vote on this issue. If it were in favor of validating the norm, or against, the Court will determine if article 17 of the Organic Law of the Federal Public Administration is declared constitutionally valid or if the unconstitutionality action promoted by legislators is dismissed.
In this way, the federal government will be able to maintain the 32 Welfare delegates, and with the same tasks that were entrusted to it by President López Obrador through the Welfare Secretariat.
Article 17 of the Organic Law of the Federal Public Administration establishes that the Federal Executive Branch will have in the states with the Delegations of Programs for Development that will be in charge of the coordination and implementation of plans, programs and actions for integral development, functions of citizen attention, the supervision of the services and the programs in charge of the dependencies and entities, as well as the supervision of programs that exert some direct benefit to the population.
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