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Mexico: Central Bank Challenges Pay Limits for Public Servants Law Before Supreme Court

(Jan. 23, 2019) In a press release issued on January 3, 2019, the Bank of Mexico (Mexico’s central bank) announced it was filing a constitutional suit before the Supreme Court of Justice of the Nation. The Bank is asking the Court to establish and delimit the scope of application of the Federal Law on Remuneration of Public Servants in relation to the specially recognized autonomy of the Bank granted by article 28 of the Mexican Constitution. (Press Release, Bank of Mexico, Considerations of the Bank of Mexico on the Application of the Provisions of the Federal Law on Remuneration of Public Servants and Some Concepts of the Expense Budget of the Federation for Fiscal Year 2019 (Jan. 3, 2019) (in Spanish); POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES art. 28, DIARIO OFICIAL DE LA FEDERACIÓN (DOF), Feb. 5, 1917, as amended (in Spanish).) The Federal Law on Remuneration of Public Servants mandates that no public servant can earn more than the President of Mexico. (Federal Law on Remuneration of Public Servants, Regulating Articles 75 and 127 of the Political Constitution of the United Mexican States art. 6(I), DOF, Nov. 5, 2018 (in Spanish).)  The Bank is requesting the Court to determine whether this provision violates the Bank’s autonomy granted by the Constitution.  (Press Release, supra.)

In addition, some public servants of the Bank and the Single Trade Union of Workers of the Bank of Mexico (Síndicato Único de Trabajadores del Banco de México) have filed an amparo lawsuit, a remedy provided by articles 103 and 107 of the Constitution for protection against any violation or infringement of constitutional rights. (Id.)