Mexico City /
The Supreme Court of Justice of the Nation (SCJN) determined not to endorse the three projects presented by the minister Yasmin Esquivel in which he proposed discarding the pending consultation on the challenges of judges and magistrates against the reform of the Judiciary.
In a plenary session, eight ministers voted against the three projects in Esquivel Mossa’s presentation, which considered the consultation process regarding the reform to be “notoriously inappropriate,” stating that Organic Law of the Judicial Power of the Federation It only empowers the Court to hear controversies that arise within this power.
At the end of the vote on her projects, Yasmín Esquivel pointed out that “the process of electing judges that has already begun on this day cannot be prevented or suspended.” National Electoral Institutethis when referring to an interview of the minister Javier Laynez Potisek.
“I would just like to make a clarification based on the fact that the process that is in the process of electing ministers, magistrates and judges cannot be prevented or suspended because when listening verbatim, Minister Laynez indicated that he could suspend the selection, in the event that This pending consultation considers that some conventional human right is being violated.
“In the event that the background of the applicants is studied to give them certainty and that Mexicans know how far this Supreme Court can go, it is established at this time and it is anticipated that only, in the event that unconstitutionality or unconventionality, this cannot suspend the process that is already underway to give certainty and security to Mexicans,” he said.
In the discussion of the first project of Minister Yasmín Esquivel, the Minister González Alcántara Carrancáwho served as speaker in the pending consultation approved last Thursday, maintained that the power of the high court to review constitutionality has not yet been resolved.
“It seems to me that the petition of the petitioners warrants opening a main file in which the merits of their claim can be elucidated, especially since the constitutional court cannot avoid its role as guardian of the supreme text nor can it ignore the breadth contained in article 11 section 17 of the Organic Law of the Judicial Branch of the Federation regarding our obligation to ensure the independence and autonomy of the judicial branch.”
Meanwhile, Minister Lenia Batres pointed out that if the consultation was accepted for processing, the high court would be “flagrantly violating” the Constitution of our country.
“Admitting the request under analysis would imply flagrantly violating the political Constitution of the United Mexican States by attributing to us a competence that has not been granted to us by the Constitution itself or by any law.”
The three remaining queries that were discussed during the session, whose projects were prepared by Batres Guadarrama’s presentation, consisted of the request for precautionary measures against the judicial reform, which were determined without matter after its approval and promulgation.
rarr
