( Spanish) – The Supreme Court of Justice of the Nation of Mexico approved this Thursday to review the reform of the Judicial Branch, which was already enacted and published in the Official Gazette of the Federation on September 15.
With eight votes in favor and three against, the plenary session of the highest court approved studying one of the challenges against the initiative, filed by a group of judges and magistrates, positions that under this reform may be elected by popular vote starting in 2025.
The project was prepared by the Minister of the Court Juan Luis González Alcántara Carrancá at the request of a group of magistrates. The Minister President Norma Piña will assign the project to another minister to prepare a new document that must be presented to the Plenary.
The Court admitted the constitutionality analysis by determining that the court has the mandate to “ensure the autonomy and independence of the bodies and members of the federal judiciary,” and that it is responsible for “resolving any controversy that arises in the Judicial Branch of the Federation.” .
Ministers Yasmín Esquivel, Loretta Ortiz and Lenia Batres, close to the ruling party, voted against. Batres described the admission as a “coup d’état,” considering that the Court “arrogates to itself powers that it does not have,” which, he added, “violates” the principle of constitutional supremacy and “the division of powers and the constitutional State of right”.
has asked the Federal Judicial Council for its position, but so far there has been no response.
In defense of the decision to review the law, Minister Luis María Aguilar stated that “it is up to the Plenary Session of the Supreme Court to define, without prejudging at this time the substance of the controversy, what is the interpretative guideline that should prevail to respect the law.” judicial autonomy and independence.”
From her usual morning conference, the president of Mexico, Claudia Sheinbaum, assured this Friday that the action of the Supreme Court “has no basis” and that the reform of the Judiciary is not in danger.
“Nowhere in the Constitution does it say that the Court can change the Constitution or can declare unconstitutional what has already been declared constitutional. How is it declared constitutional? Thus, with the qualified majority of the Chamber of Deputies, the Chamber of Senators and the majority of the state congresses, that happened with the reform of the Judiciary,” said the president.
Sheinbaum expressed that his Government will not fall into provocations and reiterated that “there will be an election of judges, magistrates and ministers of the Supreme Court.”
Javier Martín Reyes, constitutional lawyer, told that it will be up to the Court, through these consultations contemplated in Article 11 of the Organic Law, whether or not it can analyze constitutional reforms.
The expert indicated that it will be the Court that can determine whether or not to invalidate the reform in its entirety, or perhaps only some parts. “Or, make an interpretation of the reform. In short, what the Court did was not discard the consultation from now on,” he added.
Juan Jesús “Tito” Garza Onofre, constitutional lawyer and researcher at the Legal Research Institute of the National Autonomous University of Mexico, pointed out that what was resolved by the Supreme Court regarding the consultation on the reform of the Judiciary “is an exceptional procedure that does not It is regulated.”
“There are no specific rules to see how it will be solved, in how long and what the scope and limits of this type of consultation will be,” Garza Onofre told , who estimated that the procedure could last between two and four. months.
He pointed out that it has been possible to identify that it will be the Supreme Court ministers themselves who can publicly and by vote make known what the resolution they will take is about.
“Although the law itself authorizes the Court to exercise this type of consultation, the truth is that they are not usually normal within the dynamics of the Supreme Court,” said Garza Onofre.
Martín Reyes and Garza Onofre agreed that this case opens one of the most important debates for Constitutionalism in Mexico and the world about whether or not a Supreme Court can analyze a constitutional reform.
The admission to processing of this consultation that seeks to challenge the judicial reform has already sparked a wave of criticism among the ruling party. In contrast, the opposition applauded the Court’s decision.
The pro-government senator Gerardo Fernández Noroña, president of the Chamber of Senators, said this Thursday at a press conference that the SCJN “does not have any power to review constitutionality, it is wanting to overturn the permanent Constituent Assembly.”
For his part, the national president of the opposition National Action Party (PAN), Marko Cortés, said this Thursday in X that they support the Court’s decision by accepting the consultation of judges and magistrates regarding judicial reform.
The consultation process to review the reform of the Judiciary also occurs at the time when the workers of the Judiciary Council decided to extend the period of suspension of work at least until October 11.
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