The Supreme Court of Justice of the Nation stopped the agreement published by the federal Executive to shield the information related to emblematic mega-works promoted by the current administration of President Andrés Manuel López Obrador.
A minister of the Supreme Court granted the suspension requested by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) so that, immediately, the agreement ceases to take effect as this body alleged that the federal Executive does not have the power to classify priority works as of public interest or national security without complying with the parameters established in the law on the matter:
“The precautionary measure requested to suspend the actions indicated in the contested agreement in relation to the projects and works of the Government of Mexico is inadmissible,” added the Minister, whose identity the Court has not published.
Although the Court has not published the full version of the investigating Minister’s ruling, the resolution allows the Agreement to continue to take effect on all the issues it refers to, except in terms of access to information.
Let us remember that the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) presented last Friday a formal complaint before the Supreme Court of Justice of the Nation (SCJN) against the presidential agreement that calls priority works national security issues of the federal government, asked, first of all, to suspend the effects of the document in question.
“The suspension that is requested is essential in the control medium in which it operates, while, if it is not granted in its terms, the constitutional controversy that the actor Institute tries would lose all effectiveness,” said the INAI in the document stating that the right to information is also being violated.
In the official letter INAI / DGAJ / 2637/2021 held by EL UNIVERSAL, it is argued that cataloging the works as “national security” is an act that beyond its unconstitutionality “undoubtedly causes insecurity, uncertainty, and legal unpredictability.”
INAI commissioners clarified that it is not intended that the works be suspended but that because they are matters of the greatest national importance they must be transparent.