2024-01-03 00:02:02
The doctor of Law, Arturo Riveraspecified that the Municipal Regulatory Codes are unconstitutionalonce The councilors are exercising a power to legislate, which is outside his powers, so he indicated that he has to reform from the State Congressso that they only remain at the statute level.
In interview with Diary Intolerancewho was director of the Faculty of Law of the Benemérita Universidad Autónoma de Puebla (BUAP), pointed out that This issue must be resolved before it becomes a bigger problem, Therefore, it was urgent to reform the law, since For 60 years, city councils have fallen into unconstitutionality.
He pointed out that the General Constitution is clear, Only Congresses can create laws and codes, while the town councils can only make the regulations.
However, he regretted that These have exceeded their functions without any legal area has put a stop to it, and clarified that this occurs in the majority of the states of the country.
He stated that possibly at some brilliant mind It occurred to him that it was legally viable by simply collecting of the regulations that at some time were in force separately, incorporated on a single instrument (El Coremun).
He insisted that in the first place it can be a Code, because the codes contain legal provisions that have been enacted by the governing body that has powers to do so and in the case of city councils, by constitutional provision, They lack that power, they do not have legislative powers.
The powers they have are only regulatory; this isissue the regulations that are considered necessary to adopt for the city government.
He specified that The municipality is the ideal mechanism to chisel the basis of legal culture that should prevail in the Puebla community, on which the entire regulatory framework is built that, in full harmony, makes up the Political Constitution of the United Mexican States, but after six decades the error has not been corrected.
“It is sad that in Mexico, there is no serious study on the municipal regime, that only a few very weak essays about it circulate; that they barely reach the order of about 2,400 throughout the country.”
Clarified that it is necessary to regulate, live in the rule of law, that the government of cities is the vehicle that makes it possible to develop the basis of a solid and consistent legal culture in citizenship and consequently in the bureaucracy that ends the simulation.
He indicated that the current or the next legislature you should realize the mistake that exists when a city council is allowed to “modify” a code when it is not its power, and it should change to the figure of a statute.
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