- The Court is required to order the House of Representatives to grant sufficient budgetary resources to carry out the final exercise of the revocation of the mandate
- The National Institute of Statistics (INE) has full arrangements and experience for its organization, as long as it has sufficient budget
The National Electoral Institute (INE) on Tuesday promoted a constitutional dispute case before the Supreme Court of Justice of the Nation (SCJN) against the Ordinance on the Federation’s Expenditure Budget for Fiscal Year 2022 (PEF 2022), which was published last November 29 in the Federation’s Official Gazette. In the said decree, the Chamber of Deputies decided, among other aspects, to apply a reduction of 4.913 million pesos to the budget originally requested by the National Electoral Institute.
The cut established by the legislature, lacking any motive or justification in the budget decree, precludes the full exercise of the constitutional powers to which the electoral authority is bound, in particular the achievement of a final process of delegating which, in the case of a citizenship application, would require the implementation of 3,830 million pesos , which was requested in the budget of the House of Representatives.
Thus, with the cut, the House of Representatives left the National Electoral Institute without funds to fully comply with this obligation expressly referred to in the Magna Carta.
The Institute, in preparing its budget for 2022, has included an amount as a precautionary budget, whether in order to achieve the final abolition of the Mandate or to conduct a new popular consultation, taking into account what was decided by the Supreme Court of Justice of the Nation regarding another constitutional controversy promoted by the National Institute of Statistics about the holding of the popular consultation which took place in 2021, meaning that the electoral authority has an “obligation to provide” sufficient resources for the kind of citizen participation exercises stipulated in Article 35 of the Constitution.
Since the above resources were not granted by the Legislature, and since the reduction far exceeded the budget request made, the National Elections Institute considered it appropriate to submit to the Supreme Council of the Press for consideration of the order of the House of Representatives to provide the Institute with the resources to organize, in the end, Cancel the mandate, while complying with all the principles and rules to which it adheres. By not mentioning the budget, the Institute is not in a position to perform its functions as provided by the Constitution and the law, in addition to violating the institutional guarantees granted by the Constitution, and with it, the exercise of human political and electoral rights. Citizenship.
The INE reiterates that it has all the disposition and all the experience necessary to carry out, properly, this practice of citizen participation. Likewise, it expresses confidence in the justice institutions of this country and stresses that in order to fully comply with its constitutional obligations, the National Electoral Institute must have an adequate budget to ensure constitutional principles of legality and certainty.
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