The Supreme Court of Justice of the Nation (SCJN) dealt a blow to the government of Layda Sansores, a member of the Morena party, by invalidating a reform promoted by her administration that would have allowed the execution of “high-impact state-interest” public works projects without obtaining the necessary licenses and permits from the respective municipalities.
The Court voted in favor of the project that resolved the unconstitutionality controversy 284/2024 and invalidated Articles 2 (last paragraph), 141 Bis, and the second Transitory Article of the Public Works Law of the State of Campeche. The legal challenge was filed by the Campeche City Council, headed by Mayor Biby Karen Rabelo de la Torre of the Citizens’ Movement party.
In the vote, cast during the session of January 13, the justices agreed that the reform to the Public Works Law of the State of Campeche did not respect the provisions of the Political Constitution of Mexico, as they warned that it exceeded the powers of the Executive Branch.
“The Constitution establishes a division of powers, and these powers must be respected to the fullest extent possible. Therefore, by establishing in this law a type of high-impact public works project of state interest with the aim, or rather, following from that, of eliminating this constitutional power, I believe this is not the most appropriate course of action,” stated Chief Justice Hugo Aguilar of the Supreme Court of Justice of the Nation (SCJN).
Justice Irving Espinosa Betanzo pointed out during his remarks that the amendment to this law encroached upon the sphere of competence of the municipality of Campeche.
The paragraph of Article 2 that was invalidated stated that “all high-impact public works projects of state interest shall enjoy the benefits and/or exceptions granted by this Law and other applicable provisions of the state legal framework.”
Justice Loretta Ortiz reiterated that the amendments to the articles were incompatible with Article 115 of the Mexican Constitution, which establishes the legal basis for municipal autonomy.
“The debate here is not about municipal intervention versus federal powers, but about the validity of the state regulation that exempts certain public works from complying with a requirement that, according to the Constitution, corresponds to the municipalities, improperly shifting a municipal power to the state executive without there being a constitutional reservation that justifies it,” the minister pointed out, before the vote that rejected the reform of the Sansores government.
Source: proceso
