:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/MN2HG53ZLZAQRHEYKI6JZP3XEQ.jpg "Grupo Plural has proposed a reform to prevent the INAI from becoming inoperative from April 2023 1")
The senator of Plural group, Gustavo Madero Muñozpresented an initiative aimed at validating the sessions, and the resolutions, of the plenary session of the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI), when it has less than five commissioners, when these absences result from a lack of appointment by the Senate of the Republic.
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Currently the The INAI plenary works with only 5 of the seven members established in law, however, in March the mandate of Francisco Javier Acuña Llamas is about to end, which represents a risk of leaving the transparency body paralyzed, since the regulation establishes the presence of at least 5 commissioners to validate the resolutions.
Just last week, a federal court ordered the Senate to appoint two INAI commissioners, since they have been vacant since March 31, 2022.
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On February 10, the commissioner ibarra white lily He recalled that two commissioners had not been appointed for a year, since then the INAI has operated with the minimum number of its members, which have held more than 40 ordinary plenary sessions and one extraordinary session.
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Senator de Morena explained on February 16 that the anticipated presidential succession has complicated the agreements between the benches to appoint two INAI commissioners and thus avoid their paralysis as of March 31, the date on which commissioner Francisco Javier Acuna Llamas ends its mandate.
Faced with this situation, Senator Madero sent his proposal to the Joint Commissions for the Fight against Corruption, Transparency and Citizen Participation and the Second Legislative Studies, to reform the Federal Law on Transparency and Access to Information public, with the aim of ensuring that the institute does not become inoperative after Acuña’s departure on March 31.
The legislator recalled that the INAI Plenary was made up of seven commissioners who would last seven years in office, without the possibility of re-election and that their integration falls within the power of the Senate of the Republic.
He clarified that the law stipulates that the process of electing a new commissioner must begin no more than 60 days before the end of the period in which the commissioner will leave office.
However, he pointed out, “this is where we are missing”, because in January 2022, the president of the INAI informed the Senate that the mandates of commissioners Oscar Mauricio Guerra Ford and Rosendoevgueni Monterrey Chepov would end on March 31, 2022.
For this reason, he added, the Senate has begun the process of electing candidates to fill these vacancies.
He pointed out that, although the ruling commissions have already sent the notice of suitability of the interested parties to the Political Coordination Council, to date the corresponding appointments have not been made and the INAI Plenary is currently working with five commissioners.
In addition to this, he pointed out, on March 31 the post of Commissioner Francisco Javier Acuña Llamas will end and, with this, the functioning of the INAI could be limited, since the law indicates that the sessions of its plenary session will only be valid with the presence of at least five Commissioners.
In other words, if the corresponding appointments are not made and the Senate does not comply with them, the INAI would be inoperative, he concluded.