Unanimously, the Plenary of the Supreme Court of Justice of the Nation (SCJN) eliminated the 10-year lock for former public servants to work in private companies, contained in the Federal Republican Austerity Law.
Considering that the measure is disproportionate and is not adequate to prevent possible acts of corruption by former public servants, the ministers supported the proposal of Norma Lucía Piña Hernández, who in her presentation stressed that there are other more adequate measures and that affect the right to work of the people to whom the law is addressed.
“The challenged rule disproportionately restricts freedom of work, since the 10-year duration of the ban on working in private companies that former officials have regulated, supervised or in respect of which they have had privileged information, goes beyond what is reasonable to protect the purposes pursued by the measure”, indicates the project carried out by the minister.
During the debate the Minister President, Arturo Zaldivar, affirmed that the term of 10 years for a former public servant to work in private initiative is unnecessarily long and that the law is over-inclusive, which makes this portion of it unconstitutional.
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“Not all top management positions have the same responsibilities and present the same degree of risk of corruption, so it is over-inclusive,” he said.
The Plenary of the SCJN also endorsed the proposal to declare constitutional the faculty of the Secretaries of the Treasury and the Public Function to add new infractions to the Federal Law of Republican Austerity to initiate procedures of administrative responsibility.
Likewise, they declared that the Congress of the Union did not violate the legislative procedure to promulgate the law nor did it invade the powers of the Chamber of Deputies on legislation in budgetary matters and endorsed the formation of the Evaluation Committee that will carry out reports to recommend improvements in the measures of austerity and saving of public resources.
During the session, the ministers agreed to establish that the Law does not apply to other powers of the union or to constitutionally autonomous bodies.
The debate did not conclude, so this Tuesday the ministers will continue with the analysis of the last issue to resolve the unconstitutionality action presented by opposition senators once morest this law promoted by the president’s government Andres Manuel Lopez Obrador.
In this last part, the minister seeks to eliminate the power of the federal Executive to decide, in a discretionary manner, how to spend the resources saved by the federal public administration.
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