The minister Javier Láynez Print warned that the Supreme Court of Justice of the Nation (SCJN) could overthrow the reform of the Judiciary due to an action of unconstitutionality; This despite the fact that its text is already part of the Political Constitution of the United Mexican States (CPEUM).
During Azucena Uresti’s program for Grupo Formula, Minister Javier Láynez Potisek spoke about the Constitutional Supremacy that Morena seeks in Congress to “shield” constitutional reforms such as Judicial Reform.
This to reaffirm that the Amparo Law, suspensions and unconstitutionality actions They do not apply in the case of constitutional reforms.
“How are you?” asked Azucena Uresti when she introduced Láynez Potisek who responded “bad, thank you very much, Azucena, and you?”. In that sense, the minister explained that the SCJN has the power to annul constitutional reforms and laws:
“Here there has been a very broad debate on whether or not the SCJN, which is the Constitutional Court, can annul a constitutional reform, laws, well, we already know that it can, via the action of unconstitutionality. There is another way that is a constitutional controversy, if the Court can say, this law is contrary to the Constitution for two reasons; or because the procedure was not followed to reach that law or because its substance is unconstitutional.”
Javier Laýnez Print
Minister Javier Láynez Potisek says that the SCJN can eliminate reforms to the Judiciary due to unconstitutionality action
He Minister Javier Láynez assured that hereform of the Judiciary violates the “human rights” of citizens, a fact for which he stated that the SCJN has the possibility of intervening in actions in that regard.
In the conversation he had with Azucena Uresti, Láynez Potisek said that the reform of the Judiciary should not have come into force without first passing the secondary laws, a fact for which He pointed out the “rush” in the process to approve the reform.
At the express question of Azucena Uresti, this is what the minister of the SCJN said about the powers of theto Court to overthrow the reform of the Judiciary:
“It has them, from my point of view, I don’t know if majorities would be achieved, in action they require 8 votes. Well, we are also in discussion because the reform is so poorly done that apparently the requirement of 8 disappeared from the constitutional text to make it 6, there was also room for interpretation: 6 when the new Court arrives or… There are very valid arguments of colleagues in the Plenary who say that they also put in a transitory, literally interpret what I am ordering you there. “That flat”
Javier Láynez Print
Minister Javier Láynez Potisek says that if Claudia Sheinbaum disrespects the SCJN “we would be in a serious constitutional conflict”
The minister Javier Láynez Print concluded that, in the event that the president Claudia Sheinbaum reject an action of unconstitutionality, undertaken by the SCJN for the reform of the Judicial power, “we would be in a serious constitutional conflict”.
In this framework, it is worth remembering the definition of “action of unconstitutionality” according to the SCJN itself:
“It is the trial by which the Court decides whether a norm transgresses the Constitution, with the objective of preserving the Constitutional order2
SCJN
The instances that can promote this are:
- Parliamentary minorities (33% of those who make up the Chambers of Deputies and Senators, as well as state legislatures)
- The Federal Executive
- Political parties registered with the INE or with a federal entity
- The CNDH and its equivalents in the States
- The INAI and its state equivalents
- The Attorney General’s Office of the Republic
While the term “Constitutional controversy” responds to the following:
“It is the judgment that the Court resolves when one of the Powers, autonomous bodies or levels of government considers that a rule, act or omission invades its sphere of competence, violating the Constitutional order”
SCJN
The instances that can promote this action are:
- The Legislative, Executive and Judicial powers of the States
- The Municipalities
- The Federal Executive Branch
- Both Chambers of the Congress of the Union
- Federal and state autonomous constitutional bodies