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Monday, July 18, 2016

Mexican Feds charge Two States for Defying Anticorruption Laws

Office of the Mexican Presidency

The Attorney General's Office (PGR) has submitted a complaint to Mexico's Supreme Court of Justice (SCJ) asserting unconstitutionality against the governors and state legislatures of Quintana Roo and Veracruz, in order to prevent violation of the principles of the National Anticorruption System (SNA).

This is due to the fact that the state congresses of both states recently passed reforms contravening the general guidelines of the SNA.

“No institution or public servant, regardless of the order of government to which it is attached, is above the law. This is what Mexican society demands. No more, no less,” said Salvador Sandoval Silva, Deputy Legal and International Affairs Attorney of the PGR.

Subject of the challenge in the state of Veracruz

a) Faculty of Congress to appoint the General Comptroller of the State and to issue local legislation on anti-corruption matters, by establishing the Local Anticorruption System.

b) Establishment of the Special Prosecutor for Combating Corruption within the local Attorney General’s Office, stating that the official will be appointed by two thirds of the local Congress.

c) Elimination of the constitutional immunity of the Governor.

d) Regulation of the submission of the Report on the Public Accounts Result.

e) Creation within the Administrative Litigation Court of a specialized anti-corruption hall, whose magistrates will be nominated by the governor.

Subject of the challenge in the state of Quintana Roo

a) Faculty of the Court of Administrative Justice to impose sanctions on local and municipal public servants for serious administrative responsibility, and individuals who engage in acts related to administrative offenses.

b) The power of the governor to appoint the magistrates of the state Court of Administrative Justice.

The constitutional reform of May 2015 also stipulates two fundamental issues:

First, states must wait for the issuance of general laws so that their local anti-corruption systems adapt to the National System.

Second, until that happens, the laws of administrative responsibility and control of the states will remain in force.

There can be no exceptions in the fight against corruption; this is what citizens are demanding and what Mexican state institutions are obliged to comply with and enforce,” said Eduardo Sánchez, General Coordinator of Social Communication of the President’s Office.

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"Petitions for unconstitutionality against the Congress and Governors of Quintana Roo and Veracruz," Presidency of the Republic Blog, Jul. 12, 2016, Mexico, DF; translation Presidency of the Republic (edited)

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