The project seeks to resolve the unconstitutionality actions promoted by the opposition parties and must be analyzed by the plenary session of ministers, it is expected that this Wednesday, when at the same time the Chamber of Deputies plans to advance the constitutional reforms to prevent the SCJN review the constitutionality of reforms to the Constitution.
In his project, Minister González Alcántara explains that the reforms that provide for the departure of the eleven acting ministers would not be left standing because the SCJN cannot analyze the regime relating to the ministers or because these removals are valid, but rather, he leaves glimpse, they would leave office to find a way out of the crisis.
It is therefore proposed that “we decline to know about this regime (the one applicable to ministers) in an exercise of self-containment, wishing for the end of the constitutional crisis currently in progress and the return to institutional normality of relations between the Powers of the Union.”
The document proposes to declare founded the concepts of disability related to the fact that the reform of the Judiciary affects the division of powers, judicial independence and access to justice, nuclear for the democratic regime.
This is because the guarantee of immovability is violated, which requires permanence in the position -stability-, “a process of adequate promotions and a prohibition of unjustified dismissal or free removal.”
Although it is recognized that the judges “are granted the right to participate in the extraordinary elections of 2025, or ordinary elections of 2027, as appropriate” and that those not elected will cease to hold office, this constitutes a dismissal.
“It seems that the judges are not directly removed, but rather that they are forced to compete electorally, with the possibility of being elected for a fixed period of 8 years.”
For this reason, it does not analyze “the legislative intention that precisely sought to renew the heads of the Federal Judicial Branch, (but) the challenged measure constitutes an attack against judicial independence and, specifically, against the guarantee of immobility that judges enjoy” .
In his explanation, he details that the objective of immovability, that is, of stability in the judicial position, aims to prevent the other powers “from trying to remove the judges without justified cause or trying to limit them with a view to achieving subjugation.”
“Thus, judicial immovability not only constitutes a right of the judge, but also stands primarily as a guarantee for individuals in order to guarantee their access to effective judicial protection,” he says.
Furthermore, in his project, the minister argues that a possible co-option of judicial bodies by other public powers “transversely affects the entire democratic institutional framework, and to that extent constitutes a risk for the control of political power and the guarantee of human rights, since “undermines the institutional guarantees that allow control of the arbitrary exercise of power.”
When analyzing the other grievances raised by the National Action (PAN), Institutional Revolutionary (PRI) and Citizen Movement (MC) parties, the minister proposes declaring unfounded all those related to alleged lack of quorum, irregularities in the sessions where the reform was approved (in alternate venues) pressure or vote buying in the Senate or anomalies in local congresses.
The minister maintains that it was not proven that pressure was placed on Senator Miguel Ángel Yunes or the Emecista Daniel Barreda; It also rejects the possibility that there was an approval without sufficient deliberation.
On the other hand, it delves into the possible holding of elections for ministers, judges and magistrates and maintains that there are no guarantees of certainty in an electoral procedure such as the one proposed.
