The Supreme Court approved the merger of the national lottery with the forecasts which allowed the “draw” of the presidential plane

The Supreme Court of the justice of the nation (SCJN) approved this Monday the decree by which the National Lottery disappeared Mexican, which has been included in the public aid forecasts and whose movement made it possible to eliminate the obstacles to carry out the “raffle” of the presidential plane organized by President Andrés Manuel López Obrador.

In a remote session of the plenary session of the country’s highest court, via video conference, ministers determined that said decree “is the result of a legislative process”It is therefore a legal standard and not an administrative decree without legislative force.

The Plenary declared the arguments of the promoters of the action of unconstitutionality, a group of senators from the opposition parties who took the case to the Supreme Court to demand the merger of Lotenal with Forecasts.

For the ministers, the reasoning of the legislators, who indicated there is no alleged lack of control by the Senate Administrative Council due to the lack of legislative technique, since said body of Congress has the power to accelerate the work of the Chambers, but not to establish a basic control of the legislative technique and the motivation which oblige it to prevent the discussion of initiatives which are probably not viable, deficient or perfectible.

In addition, They ruled out that the rule is unconstitutional because it uses the terminology “decree” and not “law”, given that it is the result of a bicameral legislative process, that is why it is a legal standard and not an administrative act.

Finally, they also rejected the argument that there was insufficient basis and motivation in the aforementioned decree, because These conditions are met when the legislature acts within the limits of the powers conferred on it by the Constitution., while the Congress of the Union has the competence to legislate and deal with social relations which require legal regulation, in accordance with what has been indicated in the explanatory memorandum and in the legislative opinions.

The SCJN has also established that the said decree does not generate legal uncertainty in its aspect of legitimate expectations, because does not grant the executive power a wide margin of action which could allow it to act arbitrarily and to the detriment of the governed, in particular those who work in the Lotenal and in the Public Aid Forecast.

This, considering that in the eighth transitional article of the decree It is established that all the rights of the workers of the National Lottery of Public Assistance will be respected and that they will be transferred to Forecasts for Public Assistance, in relation to your employment situation.

Furthermore, the ninth transitional article does not provide for a broad delegation to carry out the aforementioned merger, but rather compels the executive power to carry out a series of changes, by decree, priced under a narrow margin, designed to limit discretion.

Too the arguments that the decree violated the principles of honesty, efficiency, economy and transparency provided for in article 134 of the Constitution were rejected General, and the principle of normative hierarchy.

The decree in question, which repealed the organic law of the National Lottery of Public Assistance, already ratified this Monday by the highest court of the country, had been approved by Congress in November 2019, but it was published until mid-January 2020 in the DOF (Official Journal of the Federation), so entered into force on January 15, 2020.

This action by the legislative power, controlled by Morena, López Obrador’s party, paved the way for thea “raffle” for the presidential plane, which in fact handed out financial prizes to the winners and not the plane itself, which was produced in mid-September 2020.

ON March 12, 2020, House of Representatives approved the initiative to include the figure of the “lottery” in Mexican legislation and thus strengthen the legality of the “lottery”. Legislators approved in general and in particular, in a single vote, the opinion reforming the general law of national heritage and the Federal Law on the Administration and Alienation of Public Sector Assets for this purpose.

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