Edward Murillo
Newspaper La Jornada
Monday, April 4, 2022, p. 4
The Supreme Court of Justice of the Nation (SCJN) rejected the request of PAN, PRI and PRD to suspend the application of the decree that allows public officials to participate in propaganda activities for the revocation of the mandate. This decision contrasts with the previous one, taken by the Electoral Court of the Judicial Power of the Federation (TEPJF), which determined that the decree is not applicable, a position that will prevail until the highest court does not clarify the point.
Last week, the TEPJF stated that the decree will not be valid for the consultation on April 10, because there can be no legal change in electoral matters within 90 days prior to the start of the process.
This contradiction with the SJCN will lead to claim resources being filed by the parties in conflict; However, since there is less than a week to go before the consultation, it will be difficult for the ministers to make a final decision, so the decision of the TEPJF will remain in force.
The Minister Yasmín Esquivel Mossa admitted for processing the action of unconstitutionality 46/2022 of the opposition parties; however, she considered that it is not legally possible to suspend the effects of this agreement.
There is no place to agree to your request, since the suspension of the general rules, their effects and/or consequences or the content of the legal provisions challenged in an action of unconstitutionality, is not provided for in the regulatory law of the matter
indicates the agreement of Minister Esquivel.
The action of the opposition parties details that the challenged rule is the decree that interprets the scope of the concept of government propaganda, principle of impartiality and application of sanctions contained in articles 449, number 1, subsections b), c), d) and e) of the General Law of Institutions and Procedures Electoral, and 33, fifth, sixth and seventh paragraphs and 61 of the Federal Law of Revocation of Mandate
.
On the other hand, the highest court announced that it denied the suspension and the request for priority attention that the Chamber of Deputies had requested for the constitutional controversy that they promoted against the INE agreement on the special sanctioning procedure UT/SCG/PE/PAN /CG/38/2022, where the PAN denounced publications on social networks by President Andrés Manuel López Obrador as alleged propaganda in favor of the revocation of the mandate.
Although Minister Margarita Ríos Farjat admitted this controversy, with number 47/2022, she denied suspending the claimed act, for which reason the decision to delete from the Internet the publications on the activities of the President in Hermosillo and Cajeme, Sonora, on September 12 February, they will remain in force until the SCJN resolves the merits of the litigation.
