The Recess Commission of the Supreme Court of Justice of the Nation (SCJN) refused to grant a suspension to the Federal Institute of Telecommunications (IFT), so its officials will not be able to receive salaries higher than that of the president Andrés Manuel López Obrador, for the moment.
Despite the ruling, the IFT can still file an appeal, which will be transferred to a minister other than those who make up the aforementioned commission, because there are precedents where the suspension has been granted in favor of the National Electoral Institute (INE) and National Institute of Statistic and Geography (Inegi) so that the remuneration of public servants is not affected.
The ministers Margarita Ríos-Farjat Y Yasmín Esquivel Mossa They currently make up the Recess Commission. Both admitted to processing the constitutional controversy of the IFT where it challenges the Expenditure Budget of the Federation for Fiscal Year 2022.
However, each of the ministers voted differently, that is, Esquivel Mossa spoke out against the suspension, while Ríos-Farjat considered that it was appropriate.
In cases of a tie, the minister with the highest seniority in the order of her appointment has a casting vote.
Thus, by agreement of December 21, the Recess Commission, with the casting vote of Minister Yasmín Esquivel, decided to deny the suspension requested by the IFT regarding the contested portions of the Federation Expenditure Budget that regulate remuneration of the President of the Republic and the public servants of the institute.
Minister Margarita Ríos-Farjat issued a private vote to record that she does not share the determination of her counterpart.
“I do not share the previous determination, since the requested suspension should have been granted, since although the Recess Commission has broad powers to agree on the matters of its knowledge, I consider that a deference should be given to the minister or the investigating minister in cases that keep connection with the present case.
He recalled that the minister Juan Luis González Alcántara Carrancá took turns in the constitutional controversies 205/2021, 209/2021 and 218/2021 promoted by the Bank of Mexico (Banxico), the INE and the Inegi, respectively, where the Expenditure Budget is challenged of the Federation for the Fiscal Year of 2022, in the aspect related to the remuneration of public servants.
Ríos-Farjat mentioned that by agreements of December 10 and 13 of this year, the investigating minister granted the suspension requested in the constitutional controversies 209/2021 and 218/2021, the above, for the effect that they are not applied as a parameter in the determination of the remuneration of public servants the provisions of the various annexes of the challenged budget and, consequently, the perceptions are set exclusively in accordance with the provisions of articles 75, first paragraph, and 127 of the Constitution.
“Finally, since my disagreement with the decision adopted in the Recess Commission is based on deference to the minister who has established his position in the investigation processes of matters that are related to the present, I reserve my criteria for future cases, leaving it to except for the present vote ”, he specified.