The challenge against the resolution of the Competition Directorate that announced the resignation of Superintendent Jorge Miguel Castillo Castro was presented this Tuesday, July 28, so the process enters a legal impasse.
The appeal for reconsideration must be known by the members of the Board of Directors to determine if it is appropriate. The challenge was presented by the superintendent against Resolution 49-2026as was known during a summons in the Congress of the Republic.
The Board of Directors, with a vote of two to one, appointed Tomás Xocoy Acán as legal representative. Xocoy Acán was appointed on July 23 as mayor of Administrative and Financial Management, and on Monday he assumed the new functions.
During the summons, accusations were again evident between the directors and Superintendent Castillo Castro.
Appeal postpones superintendent election
The president of the Board of Directors, Javier Bauer Herbruger, declared that what was done was framed in the lawafter the resignation presented by Superintendent Castillo Castro, because at that time there was no one who could exercise legal representation of the Competition Superintendence (Sicom).
Last Thursday, a mayor was appointed, so, according to the law, he can exercise legal representation in the absence of the superintendent, explained the president of Sicom.
Now we must wait for the election of the new superintendent to take office.
“Yesterday the resignation of the superintendent was accepted and the situation is that the mayor (Xocoy Acán) exercises legal representation,” said Bauer Herbruger.
Regarding the process to elect the superintendent, the president commented that they are waiting to resolve an appeal for reconsideration filed against a recusal.. Once resolved, the deliberation on the procedure for electing and appointing the new superintendent can move forward.
He clarified that this resource must be known to the Board of Directors.
Appeal challenges decision of the Board of Directors
Director Édgar Guzmán commented that the appeal for reconsideration was informed during the summons in the Congress of the Republic, so the Board of Directors must be aware of it at the time.
“Specifically yesterday there was a session in which the Board of Directors decided to accept the resignation (Castillo Castro) and the way in which it was done violates the established procedures, contravenes what the Competition Law states and in that sense this new crisis is generated that has been very recurrent, which affects the credibility and lack of legal certainty of the institution,” added director Guzmán.
He recalled that, when the appeal for reconsideration presented by Castillo Castro is heard, the Board of Directors must make a decision. In this case, the Administrative Litigation Law will apply.
He clarified that the appeal for reconsideration seeks, within the framework of the Competition Law and the Administrative Litigation Law, to challenge the resolution of the Board of Directors.