@ebuendiaz
The Constitution is a very important document for Mexicans. It recognizes fundamental rights and establishes the obligation of the authorities to guarantee their exercise and protection. It also regulates the integration and operation of various institutions (INE, INAI, Bank of Mexico, etc.) and powers of the Republic.
Unfortunately, in recent years there has been deliberate action to affect the functioning of some institutions and, thereby, breach the Constitution. Let us be clear: The ruling political group has implemented various measures to hinder the exercise of powers of various authorities that are uncomfortable for it. The State dynamiting the State.
The first measure to weaken has been the constant and dangerous behavior of discretionally cutting its finances. Under a false premise of austerity, the Federation Expenditure Budget (PEF), which is approved by the Chamber of Deputies (CD) with a majority of representatives of the political party in power, has become an instrument of economic subjugation. If a public institution does not enjoy the approval of the current government administration and the majority political party, it is financially affected without justifying the reasons for acting in that way.
This, despite the fact that there is a ruling from the Supreme Court of Justice of the Nation (SCJN) that establishes the duty of the CD to motivate budget cuts, particularly when the activities of the institutions have a direct relationship with the exercise of rights. humans. In other words, the power of the legislative body to adjust the finances of the institutions with the economic package has never been unknown, it is simply a matter of justifying the reasons. Not doing so is acting arbitrarily and invading spheres of competence. This has no place in a country where the rule of law exists.
Yesterday the CD approved the PEF for 2024, which highlights the cut to the Judicial Branch of the Federation (PJF) for more than 6 billion pesos and to the National Electoral Institute (INE) for an amount that amounts to 5 billion of pesos. Without giving reasons, two institutions that are fundamental to the functioning of the Mexican State and whose activities are directly involved with the respect and exercise of fundamental rights (access to justice and exercise of voting) are financially affected. The biggest budget cuts are imposed on two institutions that have not been condescending to the power in power. What a coincidence.
This financial impact transcends the fulfillment of its constitutional functions. On the one hand, the PJF needs resources to improve, among other aspects, the delivery of justice in the country and handle more than one million new cases for next year. Additionally, to ensure the implementation of the new labor justice model.
In the case of the electoral authority, the money that had been requested and that was now cut had an obvious destination: to face the challenges involved in an electoral process in which there will be elections in the 32 states of the Republic, in which they will be in dispute. more than 21 thousand popularly elected positions and in which a popular consultation can be added. The irresponsibility with which those who approved the budget cut act puts the elections in the country at risk. It’s that simple.
Another measure that is now used to weaken the functioning of the authorities is the internal impact from the omission to designate all of its members.
Today there are improperly integrated electoral courts. There is simply no intention for more than 40 state judges to be appointed. Likewise, in the case of the TEPJF, 8 magistracies are also vacant: 1 in each of the Regional Chambers (6) and 2 in the Superior Chamber. Now we need to take over from Minister Zaldivar, who has just resigned without reasonable justification.
In the face of the most important electoral year in the country, it is incredible that the Senate fails to comply with the Constitution and does not take seriously the appointment of electoral judges. Therefore, it should not be surprising that the 3 commissioners of the INAI continue without being appointed. Negligence at its finest in allowing institutions to operate even if they are improperly integrated.
There should be no doubt that there is an intention to weaken the functioning of institutions, particularly those over which the government has no control. The narrative used by the power in power – excessive spending, corruption, conservatives, adversaries – has sought to disguise and distract attention from reality: the aim is not to improve the institutions, what they want is to tear them down little by little. That is the famous transformation. Let there be no doubt.
*Master in democracy and human rights.