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Supreme court declares invalid the executive order issued by the federal government to promote government projects

8 June 2023

The Mexican Supreme Court of Justice (“SCJN” for its acronym in Spanish) has declared as invalid the executive order issued by the Federal Government on November 22, 2021 in the Federal Official Gazette (“DOF” for its acronym in Spanish), through which the execution of certain projects and works by the Mexican Government were declared of public interest and national security, as well as the instruction to the departments of the Federal Public Administration to grant provisional authorizations for all works and projects considered of public interest and national security (hereinafter the “Executive Order”).

It should be noted that the Executive Order had been previously disputed by the National Institute of Transparency, Access to Information and Protection of Personal Data (“INAI” for its acronym in Spanish) through the filing of a Constitutional Controversy, in which the SCJN Plenary ruled by a majority of 8 votes that declaring certain works and projects of public interest and national security in certain sectors violates the right to public information and the principle of maximum disclosure; with respect to the granting of provisional authorizations, the SCJN ruled by a majority of 6 votes that it also violated existing laws.

Implemented measures

Derived from the invalidity that the SCJN issued to the Executive Order, on May 18, 2023, the Executive Branch published a decree declaring as national security and of public interest the construction, operation, and development of government projects such as the Mayan Train, the Inter-Oceanic Corridor of the Isthmus of Tehuantepec, and the airports of Palenque, Chiapas, Chetumal and Tulum (hereinafter the “Decree”).

Conclusions

On May 22, 2023, the Plenary of the SCJN “determined, by a majority of six votes, that the invalidity of the executive order is of a total nature, since it is an instruction to the departments and agencies of the Federal Public Administration, which became null and void”.

Although there has not yet been any pronouncement regarding the Decree published by the Executive Branch in the DOF on May 18 of this year, the INAI is unable to file a Constitutional Controversy since it does not meet the necessary quorum, however, it is expected that the Decree may be subject to a declaration similar to that of the Executive Order.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

52-81-24748538 
www.j-bravo.com
Blvd. Antonio L. Rodríguez 3000, Colonia Santa María, 5to piso, Interior 501 Torre Albia, C.P. 64650 Mty, N.L., México T.

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