Today: November 7, 2024
November 7, 2024
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Through protection, they seek to return a decision on Judicial Reform to the SCJN

Through protection, they seek to return a decision on Judicial Reform to the SCJN

The litigant Raúl Andrade, who promoted one of the protections against the Judicial Reform and managed to get the National Electoral Institute (INE) to stop all activities aimed at the organization or carrying out the election of judges, ministers and magistrates, says that this state must be maintained , precisely until the amparos are substantively resolved.

Therefore, “the legal battle has not ended” since the only thing the Supreme Court did was consider that the Constitution cannot be reviewed through Unconstitutionality Actions and therefore dismissed those promoted by political parties, he explains.

“What happened yesterday in principle has no impact on the protections, everything stayed the same, why? Because the reform was not declared constitutional, they simply did not go into the substance and that’s it. The protections have to continue because there is no decision as to whether the reform is constitutional, but as long as the unchallengeability reform is not applied to them,” he states.

It warns that some protections could be dismissed – that is, discarded without analysis – due to that second express constitutional reform endorsed by Morena last week to shield its amendments to the Constitution from any legal appeal, and known as changes in matters of “impeachability” or of “constitutional supremacy.”

That is why now what follows is to challenge that decree. “If this is not done, all constitutional protections and controversies that are pending should be dismissed based on this reform,” the expert suggests.

“What Morena sought when approving fast track This reform is to render void all protections, controversies and unconstitutionality actions. The protections could not continue to have life if the lawsuit against this decree of unchallengeability is not expanded,” he adds.

Magistrates Juan José Olvera López and Edna Lorena Hernández, members of the National Association of Circuit Magistrates and District Judges of the Judicial Branch of the Federation (JUFED), agree on this route, who explain that all appeals for protection are still alive, but They are at risk due to this “supremacy” reform.



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