Judge orders definitive suspension of AMLO’s “decree” to bypass permits for his projects


The legal process against the agreement issued in November by the president must still be reviewed and resolved if the federal government promotes a review resource.

The Seventeenth District Court in Administrative Matters in Mexico City ordered the definitive suspension of the so-called “decree” by President Andrés Manuel López Obrador, so that, in terms of transparency, government agencies will not be able to reserve information with the argument that his mega works are of “public interest and national security”.

The legal appeal was processed by the Civil Association National Council for Strategic Litigation (CNLE), to which Judge Celina Angélica Quintero agreed, granted the definitive suspension requested, and also recognized legal personality for the processing of the amparo promoted.

With the decision of the judge, government agencies will not be able to deny access to public information that is requested of them about the mega works of the federal government or reserve them for being of “national security”.

“This court order complements the resolution of last December issued in the same direction in favor of the National Institute of Transparency, Access to Public Information and Protection of Personal Data (INAI), but now as a result of an amparo trial promoted from the trenches Citizen”, celebrated the CNLE.

By giving the entrance to the INAI Controversy, with the number 217/2021, on December 14 the Supreme Court of Justice of the Nation (SCJN) granted the suspension, with which the federal government was initially prevented from reserving the information about the mega works.

With what was decided by the judge when admitting amparo 1833/2021, that decision was ratified, but now to protect a civil society organization.

The judge “considered that our Council is entitled to take strategic litigation actions in favor of the rule of law, which is valuable for the mission of this civil society organization,” congratulated the organization, which is chaired by businessman Gustavo de Hoyos Walther, also leader of the opposition organization Si por México.

“From the foregoing, it can be deduced that the claimed agreement does have a transcendence in the objective of the civil association, given that when considering the projects and works of the Federal Government as national security, it translates into a limitation in access to information. linked to these works and projects”, agreed the court.

What is AMLO’s “decree”?

Strictly speaking, it is not a decree, but an agreement issued by the president on November 22 and published the same day in the Official Gazette of the Federation (DOF) for its immediate entry into force, in which it was declared “of public interest and national security the execution of projects and works in charge of the Government of Mexico”.

But in the document, practically all branches were included in this classification: “infrastructure of the communications, telecommunications, customs, border, hydraulic, water, environment, tourism, health, railways, railways in all its modalities, energy, ports, airports and those that, due to their purpose, characteristics, nature, complexity and magnitude, are considered a priority and/or strategic for national development”.

No description available.

Therefore, although the megaprojects of the federal government are not mentioned, they would all be included: the Felipe Ángeles International Airport, the Mayan Train, the Dos Bocas Refinery and the Transismic Corridor.

With the classification established in the presidential agreement, all the dependencies and entities of the Federal Public Administration were ordered to act fast track and “grant provisional authorization for the presentation and/or obtaining of the opinions, permits or licenses necessary to start the projects or works referred to in the previous article, and thereby guarantee their timely execution.

The term to deliver these authorizations -it was set- would be “a maximum of five business days counted from the presentation of the corresponding request. After this period has elapsed without an express provisional authorization being issued, it will be considered positively resolved”.

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