The Mexican Senate failed this Thursday afternoon in its attempt to appoint a new commissioner of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), so that the body can meet, since Ricardo Salgado Perrilliat, The candidate proposed by the leaders of all the parties did not reach the necessary votes, which had to add up to three fifths of the senators.
Salgado Perrilliat, who has a law degree and a master’s degree, only obtained 43 votes in favor, while 67 legislators rejected his appointment. Due to the fact that 110 ballot papers were delivered, the INAI councilor candidate had to have the endorsement of at least 66 senators.
Ricardo Salgado’s proposal was made based on an agreement reached within the Political Coordination Board of the Upper House. However, already in plenary the candidacy was rejected. In this case, it is not known who the senators who voted against are, since the vote is secret through sealed envelopes (identities).
However, it is inferred that it was the senators from Morena who did not agree with the candidacy, since the members of the opposition benches protested in the Senate gallery against their peers from the ruling party.
The INAI Plenary has been unable to meet since the beginning of April, due to the fact that only four commissioners are on duty. This constitutionally autonomous body can only meet and make decisions with a minimum of five commissioners.
For a year, from April 2022, the INAI held a session with five members, because the Senate did not choose during that period the two vacancies that opened up since the end of March of last year.
It was not until March 1, 2023 when the Upper House elected as commissioners Ana Yadira Alarcon Marquez already Rafael Luna Alviso, but these were vetoed by President Andrés Manuel López Obrador on April 16, because the second did not appear “on the list of people who had stood out for their participation” in the election process for the two vacancies that -until March- INAI had.
The Mexican Constitution establishes, in its article 6, section A, section VIII, that the appointment of INAI commissioners can be objected -on two occasions- by the President of the Republic. That is, even if the senators manage to elect the new candidates, the president can still object to them.
If this were to happen, the magna carta establishes that the upper house can make the appointments directly, without considering the subsequent opinion of the president, although a vote of three fifths of the members of the senate present is likewise required. .
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.