SCJN leaves pending analysis of law for parties to return resources

The definition of the constitutionality of the norms that allow the political parties renounce the public financing they receive for their ordinary activities and allocate it to natural disasters or phenomena that put society in grave danger.

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During this Thursday’s session, the Plenary of the Supreme Court of Justice of the Nation (SCJN) established that the Ministry of Finance may not use the resources for purposes other than attending to cases of disasters or emergencies, this after the Plenary eliminated the word “preferably”, included in an article and that left open the possibility that the money will be used for a different purpose.

The ministers also discussed the validity of the resource being returned directly to the Treasury of the Federation and not to National Electoral Institute.

“There is an obstruction to the powers of inspection of the INE and, second, there is a violation of the principle of annuity of public spending linked to accountability and democratic control of public spending. It prevents the Chamber of Deputies from exercising its democratic control of public spending by giving broad discretion to the Ministry of Finance to dispose of these resources, even for purposes that are not provided for in the law,” said Juan Luis González Alcántara Carrancá, Minister of Finance. the SCJN.

“The rules that are challenged affect the powers of the National Electoral Institute and are affected because a mechanism is provided in which it is provided that political parties can bring a refund of their financing and their remnants directly to the Treasury of the Federation , since this could imply ignoring the powers of oversight of the resources and, furthermore, it would be unaware that it is the INE that is responsible for executing the expenditure and to whom, if applicable, such remnants should be reimbursed, ”said Jorge Mario Pardo Rebolledo, minister of the SCJN.

Although a majority considered that this rule violates the power of the INE in audit matters, the necessary vote was not reached to invalidate it, so it was decided to wait for Minister Javier Laynez Potisek to be present at the session to take his vote.

“I think that the best thing will be to give us this space to wait for Minister Laynez to arrive, who is not with us today due to some health issue, and then also be able to agree, in his case, what the impact of this disability would be because it seems that we are seeing the same precepts of different arguments, although it could also be that certain normative portions only impact depending on the arguments, I think that this should be analyzed carefully, ”said Arturo Zaldívar, minister president of the SCJN.

With information from N+ Jesica Murillo



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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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