The SCJN yesterday endorsed the creation and rules of the Nuevo León Anti-Corruption System. File photo: Cuartoscuro
The Supreme Court of Justice yesterday endorsed the creation and rules of the Nuevo León Anti-Corruption System (SANL), challenged in 2017 by Governor Jaime Rodríguez.
In multiple votes, all by unanimity or a large majority, the Plenary of the Court rejected that the SANL invaded the powers of the Executive Power, for which, in general terms, it declared the validity of reforms to the state Constitution and the new SANL laws and Organic Law of the Attorney General’s Office, published between April and December 2017.
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On the most relevant issue, the Court approved, by nine votes to one, that a Selection Committee made up of nine citizens should determine the profiles and propose to the local Congress the appointments of State Attorney General, specialized Anti-Corruption and Crimes prosecutors. Electoral, Auditor General of the State and magistrate of the Specialized Anti-Corruption Chamber of the Administrative Justice Court.
The governor of Nuevo León argued that at the federal level, this Selection Committee only serves to propose members of the Citizen Participation Committee (CPC) of the National Anticorruption System (SNA), but it is not expected to participate in all other appointments.
“There is no impediment in the Constitution or general law for the state of Nuevo León, in use of its powers, to grant different powers to this Committee, which transcend other spheres,” said Minister Alfredo Gutiérrez, author of the draft sentence.
“The fact that the Executive does not participate in the appointment of specialized prosecutors does not affect its competition regime, since Nuevo León acts within the scope of its freedom of configuration,” he added.
The Court clarified that, for the appointment of the Auditor General, the vote of two-thirds of the local deputies present in the session is required, not two-thirds of the total number of legislators, as mentioned in the state Constitution.
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