The Antirust Commission of the Executive branch in Guatemala

Lester Meda (Guatemala)

On January 21st, 2020, the Governmental Agreement 28-2020 was published in the Central America newspaper. Through this agreement, the "Presidential Commission on Corruption" is established.

This Commission aims to strengthen the Public Politics for Prevention and Struggle against Corruption within four years (article 1 and 9). It also intends to be in charge of raising legal actions with the purpose of recover public funds that have been deducted for corruption cases (article 2).

Its role is to be a technical secretary; thereby, it depends directly on the Presidency (article 1). It is created of several elements on behalf of the State Ministries (article 3); and will have a Direct Executive named by the President. The Direct Executive sometimes assumes the secretary role, according to article 4.

The existence of this Commission is based on giving tracking to the antirust agreements signed by Guatemala, as well as the Inter-institutional cooperation antitrust agreement, signed on January 14th, 2020.

The President of the Republic, the Procurator-General of the Nation, the General Comptroller, the Superintendency of Banks and the Superintendence of Tax Administration were involved in this agreement, and it has the compromise to create an inter-institutional commission to keep track of the issues talked.

It is important to stand out that the beyond the Commission's purifier character, it has an approach to the Executive Branch of the Government; it seems more like a platform to give tracking o to be part as a wider inter-institutional effort because it provides the basis for it. 

However, it is a little bit confusing to know which are the limits to the power because, even though it is a dependency, it doesn't have enough autonomy to operate itself. This generates the risk that its actions or its existence are being objected to challenge.