THE PGR COMPLIES WITH ITS MISSION AS GUARANTOR OF LEGALITY AND CONSTITUTIONALITY OF THE COUNTRY

. Upon referral of the unconstitutionality of article 41 of the Law regarding Elder Adults' Rights issued by Congress and promulgated by the Presidency.
. The norm contradicts that established within article 123, A, fraction XXXI, B, 1 of the Federal Constitution.
. It's the first time in the PGR's history that an action of unconstitutional is emitted against a Congress Law.

The Attorney General, exercising his faculty foreseen within article 105, fraction II, C, of the Federal Constitution, expressed on July 25th, before the Supreme Court of Justice, the unconstitutionality of article 41 of the Law regarding the Rights of Elder Adults issued by Congress and promulgated by the President of Mexico, published in the Official Newspaper on June 25th, 2002.

This was done for considering that the norm contradicts that established in article 123, A, fraction XXXI, B, 1 of the Federal Constitution which makes the Principle of Constitutional Supremacy vulnerable, which is foreseen within article 133 of our Carta Magna.

The Law against which the complaint was filed creates the National Institute Elder Adults as a decentralized Organism of the Federal Public Administration, with its own legal personality and patrimony, technical and action autonomy to comply with its own purposes and objectives, and which labor relations with its employees will be ruled by that foreseen in the Federal Law for Workers at the Government's Service, letter B of article 123 of the Federal Constitution.

The PGR's opinion is that such Decentralized Public Organism, with Federal Character, is not a part of the Centralized Federal Public Administration, in consequence, the labor relations between the organism and its employees must be ruled by that foreseen within article 123, part A, fraction XXXI, B, 1 of the fundamental Law, since such constitutional precept expressly establishes that the Labor Law application corresponds to the Federal authorities in matters related to companies to be managed in a decentralized manner by the Federal Government.

It is worth remembering that up to date within the present administration, Attorney General, Rafael Macedo de la Concha has exercised this faculty six times, but, this is the first regarding to a Congress law and promulgated by the Executive Power.

The "unconstitutional" actions taken have been against laws emitted by local congresses, amongst which are;

Action 107/2001 against article 23, paragraph II of the Revenue Law of the municipality of Tepezala, Aguascalientes, for tax exemption.
Action 12/2001, against a precept within an Internal Revenue law of the municipalities of Quintana Roo.
Action 14/2001 against transitory article IV of the Municipal Code of Chihuahua.
Action 7/2002 against article 23, paragraph II of the Revenue Law of the municipality of Tepezala, Aguascalientes, for a tax exemption.
Action 12/2002 against the Mercantile Establishments Functionality Law in Mexico City.