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The Supreme Court Mexican annoy with legislating

Article Abstract by: lalo jimenez    

Original Author: lalo jimenez

National
 
The Supreme Court annoys to him that legislating omit to indigenous peoples and
communities
By: Ladislao Jiménez, Thursday, June 17,  2007
The law does not establish the conditions so that the peoples and indigenous communities acquire, operate and administer media. 
Mexico, (The news of the Monterrey City). - Upon concluding the analysis of the "Ley Televisa" by unconstitutional, the full determined by majority that it will not establish "effects" in their and let in hands of the legislative and of the president of the Republic the actions derived from their/its judgments.
   The Supreme Justice Court of the Nation (SCJN), formulated a severe critique by not to establish the legal procedures so that the peoples and indigenous communities would have access to radio and television stations. Also it touches to him to solve to the President Felipe Calderón the possible removal of the integrating of the Federal Telecommunications Commission (Cofetel).
   Though it did not declare unconstitutional the "LeyTelevisa" in this point, by legal technique reasons, most of the ministers indicated that was clear the deputies and senators omission of the legislature past, who in 2002 approved the indigenous reform and they did not fulfill what they same formed in the Great Letter.  In the resolution project, the judge Sergio Salvador Aguirre Anguiano was proposing to annul by omission the article 17 of the Federal Law of Radio and Television (LFRT), due to the fact that this did not establish the conditions so that the peoples and indigenous communities could acquire, operate and administer media.
   Explained Aguirre Anguiano today in the meeting that that arrangement remained formed in the second article of the constitution in the year 2002, when was reformed the Great Letter in indigenous matter, and that the opportunity to comply with that precept was precisely, the contested legislation.
   The discussion was centered more in legal technique aspects on the impossibility of the fact that the Supreme Court declare unconstitutional an arrangement not established in the contested law. The same as in other topics, Aguirre Anguiano defended his posture and insisted in which it did not find in the LFRT the references the indigenous peoples, established in the fraction seventh, second paragraph of the constitutional second article.
     And outlined to him to the full that, if there was so much preoccupation by the danger of invading the field of the legislative, they did not fix effects neither compelled them to legislate, but that at least, in the final resolution on the "Ley Televisa", remained clear that the legislative branch carries six years violating the constitution. Finally, Góngora, Aguirre, Juan N. Silva Meza and Olga Sánchez Cordero voted in favor of to declare unconstitutional by omission the article 17 of the LFRT; but the remainders five voted in against.
    It was evident that the ministers condemned the irresponsibility of a legislative branch that forgot and discriminated to the indigenous peoples. "There was a penalty for who in the legislature past acted with a double rod, upon patenting and giving at two o’ clock large canonries broadcastings and an absolute omission, toward the indigenous", for those which was not found space some, neither occasion to give them what them corresponds in right, supported Corral.
   The Court already annulled the articles that gave powers to the Senate to object the presidential commissioners’ designation of the Cofetel, as well as the prohibition of the fact that participated in the selection process, which were forming part of that Commissionbefore the legal reform.
The ex senator Manuel Bartlett said that one must to take to him the word to Azuela and to demand to him to the federal executive, that name to new commissioners Previously, the full confirmed the constitutionality of the article 9-D of the Federal Law of Telecommunications, under the argument of the fact that is not prevented to the federal executive to remove "by serious cause, duly justified" to the integrating of the Cofetel.
To the term of the meeting, the ex senators were approached president minister Guillermo Ortiz Mayagoitia to request to him excuses by have applauded a day before, when was thrown down the modularly part of the Ley Televisa. Today it concludes the discussion with the definitive voting and the statement of the articles of that legislation that violate the Great Letter. (La Jornada, Asic, the net, p.14, Thursday 7 of June of 2007)lalojim35@hotmail.com
 
Published: June 25, 2007
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