The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) annulled the appointment of Pedro Arce as prosecutor ofthe state of New Leonwho was appointed to the position last Monday by the local Congress.
The decision of the SCJN It was given after declaring founded the complaint resource filed by the governor of Nuevo Leon, Samuel Garciawhich forces reinstate the process of electing a new prosecutor.
Samuel García filed the complaint on August 23, in which he argued that the Local Congress “overstepped its bounds” in compliance with the judgment issued by the Court in February of this year.”
In the discussion, the ministers of the Chamber pointed out that “the Legislative Power exceeded its execution of the judgment of merit because It aims to restore the procedure from a previous stage as specified in the ruling.”
On February 14 of this year, the Second Chamber of the SCJN declared the constitutional controversy presented by the governor founded, which led to order the reinstatement of the procedure to select the head of the Attorney General’s Office of State Justice.
Later, in June of this year, the The Court granted a period of three business days for the local Congress to report about the actions taken for comply with the ruling which mandated the reinstatement of the procedure and the call to elect the Attorney General.
Why did Samuel García challenge the selection process for the NL Attorney General?
Among the arguments presented by Samuel Garcia In his appeal, he highlights the challenge of the process of Selection of the Attorney General of the State because a letter of no criminal record was not requested to the participants.
This led to the Anti-Corruption Commission of the Congress of Nuevo Leon was forced to reset the procedure. García considered that the Anti-Corruption Commission “acted improperly by modify unjustifiablyafter the selection process began, one of the Requirements that applicants should meetspecifically, to accompany a Letter of No Criminal Record that does not exceed 60 days.”
The Second Chamber stressed that the Anti-Corruption Commission should “with freedom of decision, continue with its substantiation and, at the time, issue the proposal for the final list of candidates for the respective position“, for which he had to achieve with the requirements established in the Call for applicationsincluding the letter of no criminal record.
The Court concluded that the modification made by the Anti-Corruption Commission was an “improper act”since it was not its responsibility to determine the rules for the selection process of the prosecutor.
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Given this scenario, the governor Samuel García will have to present a new list of four candidates for the position of Attorney General of the State of Nuevo León.