In the absence of powers granted legally to the president-elect, and there is no constitutional basis to conduct a public consultation on any issue, the one carried out from October 25 to 28 to cancel the project of the New Mexico City Airport, NAICM , is unconstitutional and can not produce any legal effect, considered the fourth district judge in administrative matters of the City of Mexico, Juan Pablo Gómez Fierro, when resolving the amparo file 1083/2018.

The resolution, released on Tuesday morning, considers that in the constitutional system, there is no faculty granted to the president-elect, so action is not derived from the formal exercise of state power, so it can not be estimated as an authority state.

It states that the acts of the president-elect are extra-legal and are outside the constitutional system, "because they have no basis or foundation in the Constitution."

Consequently, the judge determined that the National Consultation will not be the act that determines the continuation or not of the construction of the New International Airport of Mexico City; on the contrary, it will be the decision adopted by the president-elect, once he takes office, on December 1, 2018, which must be considered for the continuity of the project; "Decision that will constitute an autonomous legal act of the result of the consultation and whose constitutionality can be analyzed, if appropriate, on its own merits", concludes the judgment with the unique national file number 23552043.



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