The Legal Counsel of the Federal Executive challenged the decision of Minister Alberto Pérez Dayán to suspend the application of the decree that reforms the general laws of Social Communication and Administrative Responsibilities in the State of Mexico and Coahuila, which makes possible the application of electoral Plan B in the next elections of both entities.
The federal Executive explained that this measure was taken because the regulations issued by the Congress of the Union can only be rendered null and void by the vote of eight ministers and it is expressly prohibited to suspend their effects. And because the judges, like any state authority, must base and motivate their decisions.
Due to this, they established that “Minister Pérez Dayán cannot deviate from the specific rules established by law when processing the means of constitutional control, since the legitimacy of the Judiciary is diluted when its decisions respond to political or personal positions”.
In a statement, the authorities informed that the Supreme Court of Justice of the Nation in the second thesis XXXII/2005 it establishes that “suspension in constitutional controversies. the prohibition to grant it with respect to general norms includes transitory articles and their effects”.
They also pointed out that it is worrisome that the minister suspends the application of laws without there being any fact or indication that shows the alleged existence of some irreparable affectation to the Democratic system; and they explained that this is because precautionary measures can only be granted with respect to imminent acts and never for future and uncertain eventualities.
Due to this, the Executive asked the SCJN that I revoked the suspensive measure as it was contrary to the fundamental principles of the rule of law.
Also, it considered that the action of the minister was a fraud to the Constitution, since it separated “improperly” from the rules of procedure.
