▲ Magistrate Felipe Fuentes points out that no authority can prevent the election.Photo Cristina Rodríguez
Fabiola Martinez
La Jornada Newspaper
Sunday, November 17, 2024, p. 3
It is constitutionally infeasible to suspend
the election of judges, indicates the draft sentence prepared by Felipe Fuentes Barrera, magistrate of the upper chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF), from which the continuity guarantee
to the preparations for these elections, based on the deadlines expressly provided for in the Magna Carta and the laws.
Given appeals filed in the TEPJF by the National Electoral Institute and the Senate, the presentation concludes that both instances – and other competent authorities – They must continue with the stages of the extraordinary electoral process of the Judicial Branch of the Federation 2024-2025
.
The above, it stands out, because in electoral matters the suspension of acts of authority (amparos) does not operate. And it goes further: Constitutionally and conventionally, political rights are rights that do not allow suspension, even in states or emergency situations.
.
In such a way that Trying, under the pretext of a suspensive and preventive measure, to alter, defer or modify the procedure, to the point of making it unfeasible, is contrary to the principle of constitutional supremacy, because that rank is the mandate in which the election of judging persons is provided for.
.
Consequently – it is highlighted in the document – All authorities involved, directly or indirectly, in the new constitutional procedure for electing judges (INE, legislative, Executive or Judicial Branch) must continue in the exercise of their powers in the constitutionally provided terms, as any decision is constitutionally unfeasible. , resolution or diligence aimed at suspending the electoral process of judging persons, taking into account that, in electoral matters, the institution of suspension of the acts of the authorities that perform formal or materially electoral functions does not operate
.
Fuentes Barrera emphasizes that the opposite would imply paralyzing State entities.
The proposal concludes that the election of judges is based on a public and constitutional regulatory mandate, hence no authority can prevent it, and the process is armored
.
He also cites the recent reform regarding the unimpeachability of the Magna Carta, even more so – he points out – when it seeks to ensure the democratic exercise and respect for the vote, that is, the recognition of the people as the sole holder of sovereign power
.
The constitutional reform decree establishes that on June 1, 2025, the nine ministers of the Supreme Court of Justice must be freely, directly and secretly elected by the citizens; two magistrates of the upper chamber of the TEPJF, as well as all those corresponding to the regional ones of this same court.
In addition to those who make up the disciplinary bodies of the Judiciary, half of the circuit magistrates and half of the district judges will be elected.
The project will be voted on in the coming days in the upper chamber, possibly this Wednesday, when the president of the INE, Guadalupe Taddei, proposes the activation of the special commission that will coordinate the preparations for this election of judges.
Although on September 23 the general council of the INE declared the beginning of the process, since then no progress has been made under the argument that there are more than 500 requests for protection against the constitutional reform. Some district courts issued provisional and final suspensions.
The project, which also endorses the power of this upper chamber as the highest instance in electoral matters, would be approved at least with the majority of judges Fuentes Barrera, Mónica Soto and Felipe de la Mata.
