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October 18, 2024
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In Mexico the constitutional order was broken, judges respond to Sheinbaum

In Mexico the constitutional order was broken, judges respond to Sheinbaum

The judges said that there is “a systematic exercise of non-compliance with the suspensions issued by the Judiciary, which implies a serious risk for the protection of the fundamental rights of any governed.”

Claudia Sheinbaum, president of Mexico, reported that she will not eliminate the publication of the Judicial Reform from the Official Gazette of the Federation (DOF) after a judge’s order.

The president also announced that she will file a complaint against the judge before the Federal Judiciary Council because she has no powers.

Judge Nancy Juárez, of the Nineteenth District in the State of Veracruz, ordered the publication of the Judicial Reform that introduces the election of judges, magistrates and ministers by citizen vote to be removed from the DOF. If you do not do so within 24 hours, the Public Ministry will be contacted.

“Within said period, they must, within the scope of their respective powers, eliminate the publication made in the Official Gazette of the Federation, on September 15, 2024, of the Constitutional Reform Decree,” says the judge’s order.

The legal advisor of the Presidency of the Republic, Ernestina Godoy, explained that the judge does not have the power to annul the publication of the Judicial Reform and accused that with her resolution she disobeys the Constitution and fell into a conflict of interest.

“The Judicial Branch does not have any interference, there is no constitutional or legal provision in our legal system that grants the Judicial Branch of the Federation or any other entity the power to question, review or annul the work of the reviewing body of the Constitution, for On the contrary, the regulations expressly provide for the inadmissibility of constitutional judgment of amparos and others against additions or reforms to the Constitution,” he highlighted.

In September, Congress, with a pro-government majority, approved a broad reform of the justice system that, among other things, establishes the election of judges by popular vote. The constitutional changes have hit local markets and scared investors.

On June 1 of next year, the election will be held to replace all the ministers of the Supreme Court – which will go from 11 to nine members -, members of the Disciplinary Court, vacancies in the Superior Chamber, all of the regional chambers of the Electoral Tribunal and half of the country’s magistrates and district judges.

In 2027 the remaining positions will be elected.

The ruling party maintains that a transformation of the justice system is necessary because “it is not at the service of the people” and “it responds to the interests of organized crime.”

The reform has also generated concern among Mexico’s investors and business partners, who fear that it will weaken the balance of power and damage the business climate in Latin America’s second largest economy.

At the beginning of October, the Supreme Court of Justice of Mexico (SCJN) declared itself competent to determine whether the judicial reform promoted by former president Andrés Manuel López Obrador affects the autonomy of the Judicial Branch, the independence of its members and the principle of division of powers.

-With information from Reuters.



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