International edition
September 22, 2020

An infringement to the National Constitution alleged

Mexico: Legislator proposed to ban the legalization of new betting centres

(Mexico).- Deputy Octavio Martínez Vargas proposed not to authorize new licenses until the Supreme Court of Justice does not resolve the controversy presented by the House of Legislators, after Apuestas Internacionales S.A. had obtained in 2005 130 licenses for 25 years to install 65 casinos in 25 entities.

T

he House of Legislators approved to place a constitutional controversy before the Supreme Court of Justice of the Nation. Until it issues a verdict regarding the issuance of the Federal Law of Games and Draws, the Government Secretary will not grant any licenses to open new betting centres, according to the proposal of Legislator Octavio Martínez Vargas (PRD).

On May 18th 2005, Apuestas Internacionales S.A. obtained 130 licenses for 25 years to install 65 gambling houses in 25 entities, granted by the Government Secretary. Martínez Vargas, member of the Permanent Commission, assures that the rule violates the constitutional article number 89, fraction I, that establishes the faculty of the President of the Republic, because it stipulates atributions beyond the law that intends to rule and contradicts it, because it aims to establish games with bets, which are prohibited by the Constitution.

On October 28th 2004, the House of Legislators approved to place a constitutional controversy before the Supreme Court of Justice of the Nation, in which it demanded to declare null the constitutional validity of the Federal Law of Games and Draws.

In spite of the situation, on September 17th, 2004, a decree issued by the then President of the Republic was published in the Official Newspaper of the Federation, in which it issued the games with bets, as well as horse racing and greyhound racing licenses and cockfights, and the operation of remote betting centers.

Legsilator points that Article 49 of the constitution was also infringed. It confirms the division of powers, because the executive, when trying to change a law with a regulation, invaded the competence belonging to the Legislative Power, the only one allowed to legislate.

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