Regulatory Act Of The Fraction Vi Of The Article 76 Of The Political Constitution Of The United States Mexican

Original Language Title: Ley Reglamentaria de la Fracción VI del Artículo 76 de la Constitución Política de los Estados Unidos Mexicanos

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FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

EXECUTIVE BRANCH

SECRETARY OF GOVERNMENT

DECREE issued by the Regulatory Law of Section VI of Article 76 of the Political Constitution of the United Mexican States.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

THE REGULATORY LAW OF ARTICLE 76 FRACTION VI OF THE POLITICAL CONSTITUTION OF THE UNITED STATES OF MEXICO.

UNICO ARTICLE.- The Regulatory Law of section VI of Article 76 of the Political Constitution of the United Mexican States is issued to remain as follows:

Article 1. This Law is intended to establish the cases in which the Chamber of Senators of the Congress of the Union, in accordance with the provisions of Article 76 of the Constitution The policy of the United Mexican States, will assume the knowledge of the political questions that arise between the powers of a State, as well as to provide for the bases according to which it will know of them and to regulate the process through which the resolve.

The Chamber of Senators shall not exercise jurisdictional functions.

Article 2. The political question is configured, if the acts or facts that motivate it constitute a conflict that severely damages the relationship between two or more powers of a State or affects its operation.

Article 3. A policy question will be addressed if any of the following assumptions are updated:

I. Political differences that arise between the powers of a State and which alter, impede or impede the lawful and proper exercise of the privileges of one of them;

II. The lack of collaboration, coordination or complementation with the legal principles that regulate the division of powers and which they are unable to solve;

III. Expressions that publicly and repeatedly formulate a power with respect to another, whose purpose or its effects tend to undermine its authority;

IV. The physical confrontation between the holders or members of the powers, even if the latter does not interrupt the constitutional order;

V. The acts of violence of the kind that is, from one power to another, that could alter or disrupt the local constitutional order or the exercise of their respective functions, and

VI. In general, all acts or acts that a state power performs or refrains from doing, to the detriment of another or others.

It will proceed to raise the political question whenever, to resolve it, there is no recourse, path or jurisdictional instance.

Article 4. The House of Senators will resolve the political issues that will be subject to it, in accordance with the provisions of the Political Constitution of the United Mexican States, the Constitution of the United States. The state to which the conflicting powers belong and this Act.

The provisions of the Federal Code of Civil Procedures will be applied in an unanticipated manner in the previous regulatory bodies.

Article 5. The intervention of the Chamber of Senators will be given:

I. At the request of a party, when a political issue arises, one or more of the conflicting powers is requested to do so, and

II. Of Trade, when a power is worth the public force against another, there are acts of violence or there are risks of it happening.

In the last case, it will be enough for a citizen to make it to the knowledge of the Chamber of Senators and it will not be necessary to cover any formality.

Article 6. The Chamber of Senators will not intervene if the conflict concerns:

I. Constitutional controversies;

II. Cases where the political issue is between the powers of one State and another, or between the powers of a State and the Local Authorities of the Federal District;

III. Policy issues that arise between:

a) Local Authorities of the Federal District;

(b) Councils and powers of a State;

c) State-of-a-State;

d) State and other powers or town councils, and

e) Local Authorities of the Federal District and their territorial demarcations.

IV. The conflicts provided for in the first paragraph of Article 119 of the Political Constitution of the United Mexican States, and

V. The questions that, by any means, have been raised before the Supreme Court of Justice of the Nation, except that she declines her knowledge.

Article 7. The powers of States may at all times raise the political questions that arise between them, if the acts or acts are continuous, however if they are acts or acts They will do so immediately. There will be no term to do so, nor will they lose the right to request the intervention of the House of Senators.

The failure to submit a request for intervention shall not imply tacit consent on the part of the authority or powers deemed to be affected by the political question which gives cause for the intervention, It will be enough for one of the powers to take over the Senate to take on board the knowledge of the political question raised. For this purpose, the consent of the other party shall not be required for such intervention to take place.

Article 8. When the intervention of the Chamber of Senators is at the request of a party, it may be promoted by any of the conflicting powers, either by its holder or by its legal representative.

When the power requesting the intervention is a collegiate body, a prior agreement will be necessary in accordance with the rules governing its integration and operation.

Article 9. The application referred to in the previous article must contain a list of the facts that motivated it, the arguments for which a political question is considered to be provisions of the Political Constitution of the United Mexican States and those of the Local Constitution that merge the performance or that are considered to be violated with the acts or acts executed by whom it is indicated as a counterpart, and the aspects specific to which the Chamber of Senators is required to give its opinion.

The initial document must be accompanied by:

I. Documents that credit the personality of the comparescent, and

II. The evidence supporting the acts or facts referred to.

Each party will point out from the beginning, the address where they will be able to hear and receive notifications and documents.

Article 10. The request will be filed with the Senate and during the recesses, before the Permanent Commission who will immediately take it to the House Political Coordination Board. of Senators.

Article 11. The Chamber of Senators will be processing any request for intervention, for which it shall be subject to the provisions of this Law.

Article 12. The request will be taken to the Political Coordination Board, which will decide its origin. For this purpose, the Board shall observe:

I. If this is one of the assumptions considered as a political issue;

II. If accompanied by the required documents, and

III. If the question raised is not constitutional in nature.

Article 13. If the Political Coordination Board when assessing the situation of the intervention, infers that acts of violence have been or may occur, it will do so in the case of the knowledge of the Standing Committee, in order to convene the Chamber of Senators for a period of extraordinary sessions, in accordance with section IV of Article 78 of the Constitutional Treaty.

Article 14. For the proper instruction of the process, the Political Coordination Board, once the source of the request has been decided, will send it to the Board of Directors, which will have to take it to the Commission responsible for its continuation.

For the proper performance of its function, the Commission shall be assisted by specialists or personnel deemed necessary.

Article 15. The Commission may, if necessary, require the applicant party for additional documents or evidence, for which it shall grant a term of ten working days from the date of the request. date of notification.

Notifications will be made by registered mail.

Article 16. The Commission shall require a report to the or the Powers identified as a counterparty, in respect of the acts or acts recorded by the Commission or the members of the intervention.

This report shall be submitted within 15 working days of the notification and shall include, if necessary, evidence of evidence of the facts in the report.

Article 17. In the course of the proceedings, the Commission may require one or both parties to submit new evidence of conviction that it considers appropriate or to promote the Proceedings that are essential to your judgment.

You will also be able to judge, to hear from stakeholders, to interview authorities and individuals, to conduct investigations and to gather all the information you need to prepare the draft resolution.

Article 18. The Commission will propose to the plenary the precautionary measures it deems necessary, so that the political question arising between the powers of a State or to suspend is not aggravated. temporarily the acts or facts of the conflict.

The suspension will be submitted for consideration by the Senate Chamber of Deputies and will be approved by the simple majority of the senators present, which will not be available in the cases that will take effect. or application of the laws.

For the above purposes, the Commission may request the Board of Political Coordination to make use of it, as appropriate, to the assistance of the Federal Executive.

The enforcement of the measures that are issued will be mandatory for the parties to the conflict; they must abide by them, regardless of whether or not the report referred to in Article 16 of this Law has been rendered.

Article 19. The Commission shall draw up the draft resolution on the basis of the application, the reports, the elements of conviction that are made and the constances that integrate the respective file.

In the elaboration of the project, the provisions of the Political Constitution of the United Mexican States and those of the particular Constitution of the State to which the parties belong will be observed.

Article 20. The Commission will determine in the draft resolution:

I. The subject matter or subject matter of the conflict;

II. If the political question was indeed configured and if it affected one of the powers;

III. The actions or omissions that the parties must take to terminate the conflict, and

IV. The provisions to be adopted in the event of non-compliance with the resolution by any of the parties.

Article 21. The project will be submitted for consideration by the Chamber of Senators Plenary and for approval it will require two-thirds of the members present.

Your resolution will be final and unassailable and will be immediately notified to the parties.

Article 22. In the event that either party considers that the action of the Commission or any of its members has been irregular, it may institute the review appeal, which shall be resolved. by the Political Coordination Board within a term of ten working days from the exchange of the same.

The review facility shall be in writing and within five working days of the fact that they are aware of the irregular occurrence.

Article 23. When either party fails to comply with the determinations issued by the Commission in the course of the instruction, the complaint shall proceed and the action shall be processed by the (a) resolution which is in law applicable, giving the measures deemed relevant to enforce such a resolution.

The resource will be resolved within ten business days after the interposition of the resource.

Article 24. In the event that one of the parties fails to comply with the resolution of the Chamber of Senators, the party affected by the contempt, may file the claim of non-compliance with the Political Coordination Board to resolve the conduct.

The Coordination Board will require the power to report within three working days. It shall propose to the plenary of the Chamber of Senators the measures necessary for the implementation of the resolution within the following ten working days.

Article 25. If the referring power does not render such a report or refuses to complete the resolution, it shall be considered, in accordance with constitutional articles 109, fraction I; 110, second paragraph, and 114, first paragraph, a serious violation of the Political Constitution of the United Mexican States, so the House of Senators plenary will declare its contempt for the corresponding legal effects.

TRANSIENT

ONLY ARTICLE.- This Law shall enter into force on the day following its publication in the Official Journal of the Federation.

Mexico, D.F., to February 8, 2007.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Zermeno Infante, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Eduardo Sergio de la Torre Jaramillo, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at thirty August of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Francisco Javier Ramírez Acuna.-Heading.