Mexico City /
The minister Lenia Batres Guadarrama estimated that the president of the Supreme Court of Justice of the Nation (SCJN), Norma Piña Hernandezlacks legal powers to grant a suspension that would slow down judicial reform.
After making public their projects on the pending consultations 1/2024, 2/2024 and 3/2024, promoted by the National Association of Circuit Magistrates and District Judges (Jufed)Batres Guadarrama indicated that does not exist in the Organic Law of the Judicial Branch of the Federation (LOPJF) nor in the Federal Constitution any provision that empowers the president of the Court to grant precautionary measures in the procedures derived from the controversies referred to in article 11, section XVII, of the aforementioned law.
He explained that the figure of suspension established in the Amparo Law nor the other precautionary measures provided for by the Federal Code of Civil Procedures or any other special law cannot be applied either because There is no provision in the LOPJF that enables the supplementation of these regulations in these types of disputes.
Furthermore, he added, the principles and guidelines of other types of processes, whose nature is different, cannot be applied by analogy.
Lenia Batres mentioned that, even if it were intended to be understood that the Amparo Law can be applied to grant suspensions, it would not be appropriate to grant it in the specific case, since which What is being challenged is a constitutional reformin which case the Amparo Law itself expressly provides for the inadmissibility of the trial and therefore of the suspension, in accordance with its article 61.
“Therefore – with the understanding that precautionary measures must necessarily be regulated in some legal system -, the Presidency of this SCJN could only establish these types of measures if there was a legal rule to authorize it expressly to do so. Acting without said rule would be a violation of the principles of legality and legal certainty, since said Presidency would be exercising a power that has not been conferred upon it by law or by the Constitution. Besides, one of the parties would be put at a disadvantagesince not knowing the legal or constitutional basis that authorizes this SCJN To determine a precautionary measure, you are not given the opportunity to verify whether the decision to deny or grant the measure is in accordance with the law,” he emphasized.
HAGU
