Declarations of interests are the main tool for institutions to detect the interests of their public servants that may give rise to situations of conflict of interest in any of its forms: real, potential or apparent. They constitute the clearest example of legal instruments for the prevention of conflicts of interest that facilitate the necessary transparency on the personal and patrimonial circumstances of the public servant.
To this end, the declarations formally document the expressions of interest to which each professional group is obliged. It is essential that they be complete, accurate and truthful. In case of omissions or misrepresentations, inadvertent or willful, most countries are reasonably developed declaration of interest systems defines infringements that include any of the above defects. Eleven of the twenty countries examined by the OECD in its 2011 study establish sanctions in all these cases, including criminal ones.
In certain cases, the simple declaration may be enough to handle the problems arising from a conflict of interest situation. This is the case of apparent conflicts, in which the statement, by itself, has the ability to dispel doubt, therefore, to eliminate the conflict, which was only apparent but could erode public confidence.
Declaration of Patrimonial Situation and Interests
One of the prevention mechanisms and accountability instrument that regulate the public function is the statement of assets and interests that obliges all public servants, including those of the Court, to prepare a detailed report of their assets. Such obligation arises from article 108 of the Political Constitution of the United Mexican States, and is regulated by the General Law of Administrative Responsibilities, the Law of Administrative Responsibilities of Mexico City and other applicable legal provisions.
The purpose pursued by the presentation of the statement of assets and interests is that the Court’s Internal Control Body, as the competent authority in terms of the Law of Administrative Responsibilities of Mexico City, verifies, among other aspects, the evolution of the assets of public servants in order to determine the consistency of reported income and expenses, in order to prevent and detect possible cases of unexplained or unjustified enrichment.
Normativity
The rules applicable to the declaration of financial situation presented by public servants of the Court of Administrative Justice of Mexico City are the following:
- Article 108 of the Political Constitution of the United Mexican States
- Article 64 of the Political Constitution of Mexico City
- General Law of Administrative Responsibilities
- Administrative Responsibilities Law of Mexico City
- AGREEMENT by which the Coordinating Committee of the National Anticorruption System issues the format of declarations: of patrimonial situation and of interests; and issues the rules and instructions for its completion and presentation – published in the Official Gazette of the Federation (DOF) on November 16, 2018.
- AGREEMENT that modifies the Second Transitory Article of the Agreement by which the Coordinating Committee of the National Anticorruption System issues the format of declarations: of patrimonial situation and interests; and issues the rules and instructions for its completion and presentation – published in the DOF on April 16, 2019.
- AGREEMENT that modifies the First and Second Annexes of the Agreement by which the Coordinating Committee of the National Anticorruption System issues the format of declarations: of patrimonial situation and interests; and issues the rules and instructions for its completion and presentation – published in the DOF on September 23, 2019.
- AGREEMENT by which the Coordinating Committee of the National Anticorruption System announces that the formats for declaration of assets and interests are technically operable with the System of Evolution of Assets and Declaration of Interests of the National Digital Platform, as well as the start of the obligation of public servants to present their respective declarations of assets and interests in accordance with articles 32 and 33 of the General Law of Administrative Responsibilities – published in the DOF on December 24, 2019.
- Guidelines for the Presentation and Registration of the Declarations of Patrimonial Situation and Interests of Public Servants of the Court of Administrative Justice of Mexico City, – published in the Official Gazette of Mexico City on April 26, 2022.
COMPREHENSIVE ASSETS INFORMATION SYSTEM (SIIP)
One of the prevention mechanisms and accountability instrument that regulate the public function is the statement of assets and interests that obliges all public servants, including those of the Court, to prepare a detailed report of their assets. Such obligation arises from article 108 of the Political Constitution of the United Mexican States, and is regulated by the General Law of Administrative Responsibilities, the Law of Administrative Responsibilities of Mexico City and other applicable legal provisions.
The purpose pursued by the presentation of the statement of assets and interests is that the Court’s Internal Control Body, as the competent authority in terms of the Law of Administrative Responsibilities of Mexico City, verifies, among other aspects, the evolution of the assets of public servants in order to determine the congruence of reported income and expenses, in order to prevent and detect possible cases of unexplained or unjustified enrichment.
The SIIP is the electronic means for registering, capturing and administering the Declarations of Patrimonial Situation and Interests of the public servants of the Court, it is available 365 days a year.
