The minister Juan Luis Alcántara Carrancá proposes opening a constitutional controversy against the judicial reform, which would open the possibility of suspending it and even annulling it, which would throw back the election of judges, magistrates y ministers.
The Supreme Court of Justice of the Nation (SCJN) published four projects on judicial reform consultations; Yasmín Esquivel Mossa was the minister who prepared three projects in which it is proposed to reject processing appeals against the judicial reform, because the control of changes to the Constitution.
Instead, the minister Juan Luis Alcántara Carrancá developed a project derived from the request of the National Association of Judges and Magistrates (Jufed) so that the Supreme Court used its power of attraction and reviewed both the legislative process and the substance of the judicial reform.
The minister’s project would have to be approved by the majority of members of the SCJN, with which one of his peers would be assigned to prepare the project, and with admission its suspension could be ordered.
According to their public positions, the Alcantara ministers Carrancá, Alberto Pérez Dayán, Margarita Ríos Farjat, Norma Piña, Javier Laynez, Jorge Mario Pardo, Alfredo Gutiérrez and Luis María Aguilar could vote in favor of annulling the reform, that is, the eight necessary to annul it; while Yasmín Esquivel, Loretta Ortiz and Lenia Batres would do it against.
There is no time frame for ministers to review this matter; as a parameter, the electoral reform, known as Plan B, was suspended 15 days after the controversy arose and annulled at the end of May 2023.
José Perdomo, specialist in constitutional processes, told 24 HOURS that “there is going to be a very intense discussion, we even know how they are going to vote, eight against three, what worries me is if they are going to abide by it, we should take that with care, they feel that it is already a fact and applicable, that Voting in favor is enough, the Corte today must act with all the weight it has.”
Among the scenarios that would give rise to a historic crisis is that the Court suspends or annuls the judicial reform and the 4T disregard its resolution and initiate political trials.
The minister Alcantara considered it appropriate for the controversy to be opened and another of his peers to be assigned to prepare a sentence, with which the judicial reform could be annulled, since if he did not do so, the federal judges would be left without an “expeditious and jurisdictional route through from which they will find a solution, which in our legal system is unacceptable; especially that this would have the consequence of making nugatory the mandate of this High Court consisting of safeguarding the autonomy of the Judicial Branch of the Federation and the independence of its members.”
This project indicates that the Supreme Court Yes, it can subject the judicial reform to constitutional control and respond to the request of judges and magistrates to “verify whether the reform to the constitutional text on the subject of the Judiciary, published on September 15, 2024, “is compatible or not with various judicial guarantees and principles, among them, the division of Powers, judicial independence, as well as those inherent to the Constitutional Rule of Law.”
On the other hand, in the other three consultation projects, Minister Yasmín Esquivel proposes that they be declared inadmissible because the “petition exceeds the powers that this Supreme Court of Justice of the Nation has to ensure the autonomy and independence of the Judicial Branch of the Federation.
Related
2024-09-27 04:30:26